imported post
marshaul wrote:
marshaul wrote:
If I were to fight it I would take it all the way and say I don't even need a permit for that. It is unconstitutional in the fact it extends the 'prohibited' area past the school grounds boundary, onto what is certainly public property (I'm not going to touch the fact that PUBLIC SCHOOL grounds would be considered PUBLIC PROPERTY...that's another matter).asforme wrote:
First of all there is no case law on the matter dealing with anyone who has a CHP so the words must be taken at face value. I searched us code and could not find any legal definitions for the word "license" or "licensed".
Webster's:
SNIP
Of the seven available definitions, only one refers to any document. The word license generally means permission. The state of Virginia licenses (give permission) to any person who has a concealed carry permit from North Carolina to carry a concealed weapon in the state of Virginia.
My conclusion is also reinforced by the wording of the state law:
SNIP
Notice it does not say a person who has a valid concealed handgun permit issued by the state of Virginia. With the time they took to define every other possible thing in this law I can't see how the legislature would accidentally leave that out.
I'm not sure if the common definition of license applies here. Think about the difference between a "driver's license" (legal use) and "artistic license" (common use).
Furthermore, while the intent of the Virginia legislation is clear, it is not the Federal legislation that happens to be in question. The Virginia code derives much of its language from other Virginia law, and probably does nothing to clarify the differently-worded Federal law, which also happens to have different intent, as a "school grounds" ban rather than a "school zone" ban.
Once again, I think the proper way to approach this law is its inherent unconstitutionality. I don't think you'd get far arguing that a license from one state equals a license issued by any other state.