jm04
Regular Member
imported post
Hi guys, I enjoy reading this forum because of the many knowledgeable folks posting. I apologize if this is not totally appropriate for this forum, but I'm not sure where to post this, or if I should even be concerned.
While reading up on Leesburg's town codes, I came across this:
Municode Link
After checking a few dozen other Virginia jurisdictions, the only one I could find with similar wording was for Portsmouth, VA: similar Municode for Portsmouth
I have found this link:
§ 44-146.15 that says
But I'm not sure that overrides the Leesburg code, since it says "except to the extent necessary to ensure public safety in ... any political subdivision of the Commonwealth". Isn't the Town of Leesburg a political subdivision of the Commonwealth, or am I just not versed enough in Legalese to understand it?
By the way, there's also some interesting stuff in the Virginia Code that makes anyone involved in emergency duties exempt from liability for "the death of, or any injury to, persons or damage to property" while "engaged in any emergency services activities". Great stuff! :shock:
Hi guys, I enjoy reading this forum because of the many knowledgeable folks posting. I apologize if this is not totally appropriate for this forum, but I'm not sure where to post this, or if I should even be concerned.
While reading up on Leesburg's town codes, I came across this:
Municode Link
So I can't get Katrina out of my head when I read this. Is it not something to worry about, or is it something that needs attention? Is there any state law that would override the town's ability to seize firearms?Sec. 12-4. Emergency powers.
When a local emergency has been declared by the director pursuant to section 12-3, or by order of the governor, pursuant to Code of Virginia, § 44-146.17:
(1) All departments and agencies of town government shall cooperate in full with all directives from the director or the coordinator.
(2) The director or the coordinator may:
a. Implement any applicable emergency plans and mutual aid agreements.
b. Suspend all normal procurement requirements in whole or in part.
c. Control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel, clothing and other commodities, materials, goods, services and resource systems which fall only within the town.
d. Establish shelters as he determines necessary. If any private property is declared to be a shelter, the owner thereof shall have the right to just compensation upon conclusion of the emergency, but he may not lawfully resist or interfere with the use of said property as a shelter during the emergency; provided however that no shelter shall be established in a private residence without the consent of the property owner.
e. Commandeer and appropriate automobiles, boats, other vehicles, or other personal property if needed to protect the public. The owner of any such personal property shall have the right to just compensation upon conclusion of the emergency, but he may not lawfully resist or interfere with the taking of his property to protect the public.
After checking a few dozen other Virginia jurisdictions, the only one I could find with similar wording was for Portsmouth, VA: similar Municode for Portsmouth
I have found this link:
§ 44-146.15 that says
Nothing in this chapter is to be construed to:
(3) Empower the Governor, any political subdivision, or any other governmental authority to in any way limit the rights of the people to keep and bear arms as guaranteed by Article I, Section 13 of the Constitution of Virginia or the Second Amendment of the Constitution of the United States, including the lawful possession, sale, or transfer of firearms except to the extent necessary to ensure public safety in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth or any other governmental entity as an emergency shelter or for the purpose of sheltering persons;
But I'm not sure that overrides the Leesburg code, since it says "except to the extent necessary to ensure public safety in ... any political subdivision of the Commonwealth". Isn't the Town of Leesburg a political subdivision of the Commonwealth, or am I just not versed enough in Legalese to understand it?
By the way, there's also some interesting stuff in the Virginia Code that makes anyone involved in emergency duties exempt from liability for "the death of, or any injury to, persons or damage to property" while "engaged in any emergency services activities". Great stuff! :shock: