- Nov 1, 2009
- Mattaponi, Virginia, United States
Interestingly, he statesYou mean like this one in Alexandria?
"The General Assembly has provided broad powers to local governments to lease local government property. Virginia law imposes no restraints on localities with respect to lease terms and firearms." (see below)
He then goes on to include examples that
a) Don't have Pre-emption to contend with.
b) Aren't public access. (all of his examples, people had to meet certain requirements for entry)(Meanwhile, the Red Cross only excluding people based on firearms)
c) Uses a School as an example, which is in itself contradictory to his entire opinion. (If I leased a high school auditorium for a Saturday open carry dinner, what do you think would happen?)
d) Cites “not a right to keep and carry any weapon
whatsoever in any manner whatsoever and for whatever purpose.” which may no longer be a legally valid argument given McDonald.( also disingenuous given (e))
e) mentions the 2A, but ignores Heller. Odd, because the same quote as in (d) is used in Heller, which also states specifically that a handgun may be used for self defense, however the types of restrictions listed in Heller are not similar to this particular land, as it is not "sensitive" enough to require a firearms ban by VA law. This is disingenuous as the 2A wasn't incorporated yet.
§ 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.
Is signing a lease not an Administrative action? It would seem to me, whoever signed the lease on the locale's side, does not possess the authority to grant a lessee the ability to ban firearms, unless there is a statute that expressly says so. (Cuccinelli cited "15.2-1800. Purchase, sale, use, etc., of real property." but there is no express statute within.) Furthermore, NONE of Cuccinelli's examples seem to meet the Public Use 1-219.1 requirement under 15.2-1800 .
The question wasn't the only thing that wasn't worded properly. But IANAL and this is just my opinion. Law is complicated and I'm likely misreading or overlooking something.