TFred
Regular Member
The new air gun ordinance 15.2-915.4, provides that any local ordinance that does not implement the new requirements "shall be invalid":
Here's my question:
If such an ordinance is a long, complex ordinance that covers all sort of other things (discharge of actual firearms, for example), does the "shall be invalid" clause apply to the entire ordinance, or just the part on air guns? Paragraph 2 above does not specifically restrict the invalid penalty to just the air gun portions, rendering a plain-text read that would seem to invalidate the entire ordinance. Perhaps there are other sources that clarify?
What are the severability characteristics of Local Ordinances?
TFred
2. That notwithstanding any other provision of law, general or special, any local ordinance adopted prior to the effective date of this act that prohibits the use of pneumatic guns on or within private property with permission of the owner or legal possessor of the property when conducted with reasonable care to prevent a projectile from crossing the bounds of the property shall be invalid.
Here's my question:
If such an ordinance is a long, complex ordinance that covers all sort of other things (discharge of actual firearms, for example), does the "shall be invalid" clause apply to the entire ordinance, or just the part on air guns? Paragraph 2 above does not specifically restrict the invalid penalty to just the air gun portions, rendering a plain-text read that would seem to invalidate the entire ordinance. Perhaps there are other sources that clarify?
What are the severability characteristics of Local Ordinances?
TFred