Bcause if you had been paying attention the point is to get te county to pay attorney fees and costs. It's the only way to spank them.
Yes, getting the ordinance repealed as void would be a nice benefit.
stay safe.
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Surry County Prohibition on Loaded firearms
- Thread starter Thundar
- Start date
Bcause if you had been paying attention the point is to get te county to pay attorney fees and costs. It's the only way to spank them.
Yes, getting the ordinance repealed as void would be a nice benefit.
stay safe.
Old Virginia Joe
Regular Member
Smithfield has well more than a few.
Gotta protect the pork doncha know
Any that you might recommend, presuming that Mr. Hawes was not available?
Heard that the Surrey House Restaurant has closed - damn shame, will miss it.
http://www.surreyhouserestaurant.com/
Yet the Virginia Diner in Wakefield remains open....no accounting for some people's taste.
Gotta protect the pork doncha know
Any that you might recommend, presuming that Mr. Hawes was not available?
Heard that the Surrey House Restaurant has closed - damn shame, will miss it.
http://www.surreyhouserestaurant.com/
Yet the Virginia Diner in Wakefield remains open....no accounting for some people's taste.
Yelp says that Surrey House is due to reopen March 21 2015
As for the place in Wakefield still being open, well compare the locations, Surrey House is kind of out of the way whereas the other has all the potential passing trade on 460, as well as the advertizing boards that count down the miles until you get there, building up the anticipation and causing the "can we go there, can we, can we?" cries from the back seat like a small scale version of South of the Border
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Wonder by whom?
yelp offers no clues, I just saw a banner near the top of the page at
http://www.yelp.com/biz/surrey-house-restaurant-surry
a recent posting on tripadvisor by what appears to be a local person suggests it was closed while listed for sale and is now under new ownership and has not yet reopened
Surrey House Restaurant reviews
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user
Accomplished Advocate
And you wouldn't have to sue them in Surry Circuit Ct. - the Va. Sup. Ct. has original jurisdiction to issue writs of prohibition (an order to public officials not to do something they shouldn't). Problem in filing suit always boils down to money.
FBrinson
Regular Member
Once again, this thread lives!
Surry County's current code reads:
Sec. 20-66. - Weapons—Firearms not to be carried, or in vehicle, when loaded; enforcement provisions.
(a)
Except as otherwise provided by law, no person shall have in his possession or under his control, or have in any vehicle in which he may be in charge or have in control, any loaded shotgun, rifle or other firearm while he or such vehicle is upon any public street in the county, or, while either is unlawfully upon the land of another; provided, that law enforcement officers, and members of the armed forces of the United States or the military forces of this state when acting under competent orders, shall be excepted; and provided, further, that such person who shall be able to show at the time apprehended that his possession of the loaded firearm was required or reasonably necessary, under the then appearing circumstances, for the protection of his person or family from bodily injury or his property from serious damage by another shall also be excepted.
I don't think this code is enforced but just seeing it is still current code is a bit chilling.. Depending on my workload, I should be at the Surry Co. BOS meeting on 12-3 and can address this. I still have not moved my residency from Henrico to Surry as my house is not complete yet, but I would assume that land owners are allowed to speak during the public comments period. Any insight would be beneficial.
Also, I need to lean on someone with experience with filing a Writ of Mandamus.
Surry County's current code reads:
Sec. 20-66. - Weapons—Firearms not to be carried, or in vehicle, when loaded; enforcement provisions.
(a)
Except as otherwise provided by law, no person shall have in his possession or under his control, or have in any vehicle in which he may be in charge or have in control, any loaded shotgun, rifle or other firearm while he or such vehicle is upon any public street in the county, or, while either is unlawfully upon the land of another; provided, that law enforcement officers, and members of the armed forces of the United States or the military forces of this state when acting under competent orders, shall be excepted; and provided, further, that such person who shall be able to show at the time apprehended that his possession of the loaded firearm was required or reasonably necessary, under the then appearing circumstances, for the protection of his person or family from bodily injury or his property from serious damage by another shall also be excepted.
I don't think this code is enforced but just seeing it is still current code is a bit chilling.. Depending on my workload, I should be at the Surry Co. BOS meeting on 12-3 and can address this. I still have not moved my residency from Henrico to Surry as my house is not complete yet, but I would assume that land owners are allowed to speak during the public comments period. Any insight would be beneficial.
Also, I need to lean on someone with experience with filing a Writ of Mandamus.
JoeSparky
Centurion
Sober or otherwise?
va_tazdad
Regular Member
Thanks buddy. I just spent 20 minutes cleaning the coffee off my computer and the furniture that I blew out while reading that comment.
I will remember it. ;>) Poindexter is about as useful as the F-35 POS the gubermant is wasting $$$ building.
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Hanging the poor man up wet are we or just pointing your finger?
He's never been so skeered in his life.
user
Accomplished Advocate
anyone around this thread actually live in surry co, or actually drive through it regularly? alternatively, the VCDL would be a good plaintiff, the statute allows for organizations representing affected people to file. be good to do it in Richmond, I think, writ of prohibition. statute allows for award of attorney fees. it'd be interesting to see what the va sup ct thinks is "reasonable" with respect to that statute.
btw, for as long as this thread's been up, have they taken any action at all to mend their evil ways?
btw, for as long as this thread's been up, have they taken any action at all to mend their evil ways?
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FBrinson
Regular Member
I'm moving to Surry County and should be settled in by the end of the year.
VCDL President
Centurion
Working this
User brought this thread to my attention. I have just got off the phone with the Surry County Attorney (Williams Hespy), pointed him at Sec 20-66, then at 15.2-915. I told him that the ordinance was not enforceable, but it could still end up in a false arrest and just as bad would chill the rights of someone reading the ordinance, not knowing it wasn't valid.
He said he would look at the code section to confirm and would then put a suggested repeal in front of the Board of Supervisors.
User brought this thread to my attention. I have just got off the phone with the Surry County Attorney (Williams Hespy), pointed him at Sec 20-66, then at 15.2-915. I told him that the ordinance was not enforceable, but it could still end up in a false arrest and just as bad would chill the rights of someone reading the ordinance, not knowing it wasn't valid.
He said he would look at the code section to confirm and would then put a suggested repeal in front of the Board of Supervisors.
Old Virginia Joe
Regular Member
suggested local 2A attorney
I recommend Fred Taylor, of Suffolk, with Bush & Taylor. He has gravitas in this arena.
I recommend Fred Taylor, of Suffolk, with Bush & Taylor. He has gravitas in this arena.
Tosta Dojen
Regular Member
The County Attorney has had over a year to look things over, and Surry County Code §20-66 still reads exactly the same.
I've reviewed the minutes of the Board of Supervisors for all the meetings that took place in 2016 or so far in 2017. I've found no evidence that any repeal or modification of the offending section was ever considered.
I also haven't been able to find anything on the "Williams Hespy," named above. Does anybody have current contact information for him?
If you're serious about creating an organization that focuses on litigation, sign me up. I feel that we've too often failed to follow through with bureaucrats who ignore our polite requests.
I don't think I have standing as a plaintiff, or else I'd volunteer in that capacity, but I agree that it's time to file suit. It seems to me that a declaratory judgment proceeding would be more fitting, though, wouldn't it?