This is a discussion on Technicality question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by DaveH
INAL but my understanding is that those opinions are binding on all State executive agencies, state boards and commissions, and ...
November 22nd, 2009 05:28 PM
Originally Posted by DaveH
While I understand your train of thought, and I don't disagree. There are other considerations which require 'caution'.
In our school district, and I cannot remember the times I was willing to take something to court based upon an AG's opinion, and our law firm quickly noted that going to court based upon an AG's opinion does not necessarily mean you will win the battle.
A state's statutes on the other hand are pretty clear (although even those can be misinterpreted).
While I understand the 'weight' of an AG's opinion, I would want to become a test case, because his opinion backs up my desired outcome.
Normally, opinions of the Attorney General are persuasive but not controlling on the courts. We consider that great weight should be given such opinions when the legislature has specifically delegated to the Attorney General the duty of interpreting the Act and aiding in its enforcement.
Here is the 'double-edged sword'...
Although the courts have generally ruled that opinions are "advisory in nature," persons who reasonably rely on Attorney General Opinions may be protected from civil and criminal liability, even if the Attorney General has erred in his interpretation. Conversely, the failure to follow the authoritative advice of the Attorney General may be evidence of a lack of good faith.
In summary, Attorney General Opinions are not binding on the courts; however, they are persuasive and the courts may give them great weight. Since the Attorney General is constitutionally and statutorily charged with interpretation of the law upon request by certain persons, reasonable reliance upon an Attorney General Opinion would constitute an affirmative defense to criminal prosecution.
One should always exercise caution in interpreting and applying opinions. The State Legislature may, for example, pass a law which would render a previously issued opinion inoperable; while more recent opinions may overrule part or all of previous opinions. In addition, opinions are responses to specific, factual situations in point of time, which may or may not be the same as those of the reader. An attorney should be contacted if you seek further advice.
"That I cannot do."
"Give this to, uh, Clemenza. I want reliable people, people who aren't going to be carried away. After all we're not murderers in spite of what this undertaker thinks."
Certified Glock Armorer
NRA Life Member
November 22nd, 2009 05:28 PM
November 22nd, 2009 05:34 PM
Although the NC CCP only applies to handguns, no other weapons. The fact that it uses the singular, handgun, is a very thin reason to interpret that it applies to carrying only one handgun. There is no language in the scope of permit that limits it to one. YMMV, IANAL, etc, etc
Originally Posted by ScubaDuba
I find it interesting the all revolvers must be the same and all Semi's must be different in NV. That's obnoxious.
November 22nd, 2009 06:30 PM
The discussion we are having regarding AG opinions is probably the biggest reason they don't reply to questions from individuals, as opposed to state agencies/offices....
"Texas can make it without the United States, but the United States can't make it without Texas!".... Sam Houston
NRA Life Member
November 22nd, 2009 09:23 PM
I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.
I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.
Veni, Vidi, Velcro
November 22nd, 2009 09:39 PM
No. That's the last person to ask if you want court-provable opinions. Line officers often to NOT know the law - that's why they have D.A.s and Prosecutors. "Hey, Mr. D.A., what can we charge this guy with?" The D.A. is the man to ask.
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