VA town ordinance prohibiting open carry!?!?!?!?

This is a discussion on VA town ordinance prohibiting open carry!?!?!?!? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; The town I work in has a new Fire Marshall and I've seen him around town and in our place of business a number of ...

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Thread: VA town ordinance prohibiting open carry!?!?!?!?

  1. #1
    VIP Member Array BugDude's Avatar
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    VA town ordinance prohibiting open carry!?!?!?!?

    The town I work in has a new Fire Marshall and I've seen him around town and in our place of business a number of times. He was telling me today that he learned something he never knew when he got this promotion, that the town has an ordinance prohibiting open carry. It was part of his training from the PD and the retiring FM. He's a supporter of 2A and knows I carry (he's seen me OC a number of times in town). I told him that they might have said ordinance, but that it wouldn't hold any water. When I got back to work, I looked it up on handgunlaw.us and the virginia LIS page and called him on his cell and read it to him. It even provides for reimbursement of reasonable legal fees and court costs if someone has to challenge an invalid law. He asked me to e-mail him the links and said he's going to educate the town folks to fix it and fight them if they don't. Like I said, he's a supporter (he carries a gun OC as part of his job, the fire marshall is a sworn LEO). Thanks to all I've learned on DC and the resources available, I was able to provide him quick information to document that a municipality cannot make or enforce ordinances outside of the state law.
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    Distinguished Member Array Black Knight's Avatar
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    What town is this. It sounds like they need a serious re-education. State preemption will be their downfall unless that have special approval from the General Assembly.

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    VIP Member Array BugDude's Avatar
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    PM sent. I searched the town ordinances and couldn't find it anywhere, so my guess is the source is speaking out of turn. I'm sure the FM will provide the documentation and educate him and/or get it fixed. He was as astounded as I was, but he wasn't aware of the State preemption...but he is armed with the knowledge and documentation now.

    He said they went so far as to tell him you couldn't have it out in your car and it had to be in a console, which is ridiculous. I sent him the handgunlaw.us / virginia link as a great quick reference guide. He was very appreciative. The Fire Marshall shouldn't have to educate the people that are educating the PD on this kind of stuff, but then again knowledgable carriers often have to educate them every day. I know there are a ton of laws and they can't possibly know them all, but this was an epic fail in my book.
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    It might be worth sending a note to the VCDL (www.vcdl.org) and see if they are aware of this. They have been successful in "educating" localities of the error of their antiquated ways (in terms of compliance with state laws regarding the carrying of firearms.
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    VIP Member Array BugDude's Avatar
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    My first inclination was to contact the VCDL, but given my job I have to work with the localities throughout the entire county and I don't want to over-react before they have a chance to make it right. I'm an acquaintance with the Police Chief and he may not be aware of the situation. I'm going to follow-up with the FM next week to see what kind of response he got and go from there.
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    Quote Originally Posted by SIGguy229 View Post
    It might be worth sending a note to the VCDL (www.vcdl.org) and see if they are aware of this. They have been successful in "educating" localities of the error of their antiquated ways (in terms of compliance with state laws regarding the carrying of firearms.
    I agree. Send a note to Phillip VanCleave and let VCDL take them on. VCDL will win like they always do.
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    That was something! But you are right, do not over-react.
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    Member Array Roy McC's Avatar
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    Tom,

    Virginia has preemption laws. These laws prevent cities & counties from passing ordinances that regulate the carry, possession and ownership of firearms.
    "The Constitution is not an instrument for the government to restrain the people; it is an instrument for the people to restrain the government".
    Patrick Henry

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    Hey, BD. You still haven't given us the name of the town. I was born in Richmond, and lived there my first 39 years before moving to Vegas. I still go back to VA t least yearly, and I travel to other areas in VA as well. My first wife is from Fort Chiswell (near Witheville), and lives now in Christiansburg. I went to Va Tech for a couple of years. So I would really like to know the name of the town, so I can avoid a problem. You can PM me if you like, or just post it.
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    Tom

    You know me.

    If you document it, let me know. I live in the county and I can deal with it.

    If not documented and the Chief doesn't pan out, I talk to the Sheriff and then the town attorney. No need for you to get caught in the middle.

    You have my phone number.

    Good to have seen you at the Gun Show. Let's get together for lunch, soon.
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    Squawker, PM sent.

    DaveH, it was good talking to you at the show. That was entirely too many people for me. I hope you didn't have any ill effects from your little run in with that car. I'm going to check back with the FM to see what response he got...just been a very busy week. If that doesn't do it, I'll let you know. I know the town manager, town attorney, Police Chief, and County DA so it shouldn't take much to get it cleared up. I haven't been able to find any such ordinance, so I believe it is just an issue of someone not knowing what they're talking about. We'll have to do lunch soon...this week has been crazy. Hopefully one day next week.
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    Quote Originally Posted by BugDude View Post
    Squawker, PM sent.

    DaveH, it was good talking to you at the show. That was entirely too many people for me. I hope you didn't have any ill effects from your little run in with that car. I'm going to check back with the FM to see what response he got...just been a very busy week. If that doesn't do it, I'll let you know. I know the town manager, town attorney, Police Chief, and County DA so it shouldn't take much to get it cleared up. I haven't been able to find any such ordinance, so I believe it is just an issue of someone not knowing what they're talking about. We'll have to do lunch soon...this week has been crazy. Hopefully one day next week.
    Yup! I don't care for crowds, either. But when I'm working a show it dosen't bother me. I quess I just focus on the one I'm talking to and the rest are just background noise.

    As for the little run in with the car, I was sore for a couple day -- but no real damage.
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    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

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    VIP Member Array BugDude's Avatar
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    Update:

    I had posted this issue in another forum specific to open carry in Virginia. One of the members there e-mailed the police chief and he verified that no such ordinance exists (I saw the e-mail). In any event, someone misinformed the new FM and the Police Chief acknowledges that no such ordinance exists. Hopefully the FM will educate the person that misinformed him and that will be the end of it. Sometimes misinformed people perpetuate inaccuracies as facts when indeed they're not. Since I've OCd here for several years with no issues (in the presence of town police at least weekly), I doubt that this was a widely spread inaccuracy and doubt it will ever be an issue. Thanks to all here at DC for your help.
    Know Guns, Know Safety, Know Peace.
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    Guns are like sex and air...its no big deal until YOU can't get any.

  15. #14
    Distinguished Member Array Black Knight's Avatar
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    I wonder if the guy who trained the Fire Marshal is from an anti-gun state? There seems to be alot of those characters moving to Virginia.

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    Quote Originally Posted by Black Knight View Post
    I wonder if the guy who trained the Fire Marshal is from an anti-gun state? There seems to be alot of those characters moving to Virginia.


    There was a case in NOVA where a LEO originally from NJ relocated and missed a few points on Virginia law.
    Μολὼν λαβέ

    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

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