ChristCrusader
Regular Member
Sec. 26-1. Carrying concealed weapons
(a)
If any person carries about his person, hid from common observation, any pistol, revolver or other weapon designed or intended to propel a missile of any kind, dirk, bowie knife, switchblade knife, razor, slingshot, metal knucks, blackjack, any flailing instrument consisting of two (2) or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nunchuck, nunchaku, shuriken or fighting chain, or any weapon of like kind, he shall be guilty of a Class 1 misdemeanor, and such weapon shall be forfeited to the county and may be seized by an officer as forfeited, and such as may be needed for law-enforcement officers, conservators of the peace or the state division of consolidated laboratory services shall be devoted to that purpose, and the remainder shall be destroyed by the officer having them in charge.
seems to me to be in violation of:
§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies
A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.
unless there's an expressly authorizing statute out there allowing local govt's to regulate concealed carrying...
Looks like maybe the ordinance stretches too far by including handgun concealed carrying in their local's concealed weapons prohibition.
Anyone know of an expressly authorizing ordinance?
The notes under the ordinance seem to fall short of justifying its existence as well:
(Code 1979, § 27-1)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State law reference— Similar provisions and authority of circuit court to grant permit to carry concealed weapon, Code of Virginia, § 18.2-308.
(a)
If any person carries about his person, hid from common observation, any pistol, revolver or other weapon designed or intended to propel a missile of any kind, dirk, bowie knife, switchblade knife, razor, slingshot, metal knucks, blackjack, any flailing instrument consisting of two (2) or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nunchuck, nunchaku, shuriken or fighting chain, or any weapon of like kind, he shall be guilty of a Class 1 misdemeanor, and such weapon shall be forfeited to the county and may be seized by an officer as forfeited, and such as may be needed for law-enforcement officers, conservators of the peace or the state division of consolidated laboratory services shall be devoted to that purpose, and the remainder shall be destroyed by the officer having them in charge.
seems to me to be in violation of:
§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies
A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.
unless there's an expressly authorizing statute out there allowing local govt's to regulate concealed carrying...
Looks like maybe the ordinance stretches too far by including handgun concealed carrying in their local's concealed weapons prohibition.
Anyone know of an expressly authorizing ordinance?
The notes under the ordinance seem to fall short of justifying its existence as well:
(Code 1979, § 27-1)
Cross reference— Penalty for Class 1 misdemeanor, § 1-11.
State law reference— Similar provisions and authority of circuit court to grant permit to carry concealed weapon, Code of Virginia, § 18.2-308.
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