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-   -   VCDL sues City of Winchester (https://www.mdshooters.com/showthread.php?t=256424)

Bob A April 22nd, 2021 11:56 AM

VCDL sues City of Winchester
 
Virginia Citizens Defense League, et al. v. Winchester, Virginia

Suit filed against city ordinance banning possession of firearms in many public areas.

April 21, 2021

For many years, all of Virginia’s gun laws were enacted by the General Assembly to apply to the entire Commonwealth. That way, Virginians and visitors could live their lives and travel freely without worrying about violating a crazy quilt of city and county restrictions.

All that changed on July 1, 2020, when Virginia empowered localities to ban firearms in certain locations. In response, a handful of left-leaning cities and counties, including the City of Winchester, have imposed such restrictions, which place Virginians at risk of spending up to a year in jail for violation of obscure, vague, and confusing ordinances. In those localities, firearms restrictions are being imposed at or near a wide range of public events where permits were or should have been issued, including parks. It is almost impossible to know where the law bans possession of firearms, but it even applies to a business that is open to the public from having its owner possess a firearm in the store at certain times. The Winchester ordinance contains no exemption for those with valid Concealed Carry Permits, or even for state judges.

Now, Virginia Citizens Defense League, Gun Owners of America, Gun Owners Foundation, U.S. Law Shield of Virginia, Stonewall Arms, and several individuals have filed suit against the City of Winchester and its Chief of Police. This suit asks the Court to enjoin Winchester from violating the constitutional rights of Virginians to “keep and bear” arms so they can defend themselves when living, working, and traveling within the city of Winchester.

The suit alleges that the Winchester ordinance violates no fewer than four provisions of the Virginia Constitutions --- those protecting: (i) the right to keep and bear arms; (ii) the right to be afforded due process of law by being given clear notice of what a criminal law prohibits; (iii) the right to free speech and assembly; and (iv) the right to be free from unreasonable searches and seizures.

In addition to violating the Constitution, this ordinance puts residents of and visitors to Winchester into danger. The overwhelming number of mass shootings occur in “gun free zones,” where criminals know they will meet little resistance, and thus this ordinance increases the danger to every person who lives, works in, or visits Winchester.

A similar Fairfax County ordinance was challenged previously, but the challenge to Winchester could be the first to be heard and help determine whether Virginians will continue to be able to enjoy their constitutional rights.

davsco April 22nd, 2021 12:43 PM

letting localities do gun control more excessive than at the state level is just pure evil bullsh1t. can you imagine trying to drive across VA with no speed limit signs, no stop signs, no traffic signals, and having to find and read the traffic rules for every single town and city. it's basically impossible, so all it's doing is turning otherwise law-abiding citizens into criminals. those at the state level that let the barn door open, and those at local levels taking advantage of this, should all be tried, and convicted, for treason. total stab in the back of law-abiding citizens.

has anyone seriously even found one instance where a criminal, intent on murder or mayhem, decided to NOT do that because of a 'no guns' sign or policy? utter BS.

davsco April 22nd, 2021 12:45 PM

and on top of our national 2A, Virginia has similar protections to keep and bear arms. wasn't by accident.

dfitzs1 April 22nd, 2021 01:20 PM

Quote:

Originally Posted by davsco (Post 6297094)
letting localities do gun control more excessive than at the state level is just pure evil bullsh1t. can you imagine trying to drive across VA with no speed limit signs, no stop signs, no traffic signals, and having to find and read the traffic rules for every single town and city. it's basically impossible, so all it's doing is turning otherwise law-abiding citizens into criminals. those at the state level that let the barn door open, and those at local levels taking advantage of this, should all be tried, and convicted, for treason. total stab in the back of law-abiding citizens.

has anyone seriously even found one instance where a criminal, intent on murder or mayhem, decided to NOT do that because of a 'no guns' sign or policy? utter BS.

Exactly. How the you supposed to know every locality's rules?

Mike OTDP April 22nd, 2021 01:25 PM

This is why I'm not a big supporter of "muh feddelism" when it comes to criminal law. This is the third decade of the twenty-first century, I can eat breakfast at home, get in my car, and eat lunch in any one of six different states. Eat supper damn near anywhere east of the Mississippi. Criminal law has to be standardized. Especially felony law.

wabbit April 28th, 2021 10:31 AM

Quote:

Originally Posted by davsco (Post 6297094)
letting localities do gun control more excessive than at the state level is just pure evil bullsh1t. can you imagine trying to drive across VA with no speed limit signs, no stop signs, no traffic signals, and having to find and read the traffic rules for every single town and city. it's basically impossible, so all it's doing is turning otherwise law-abiding citizens into criminals. those at the state level that let the barn door open, and those at local levels taking advantage of this, should all be tried, and convicted, for treason. total stab in the back of law-abiding citizens.

has anyone seriously even found one instance where a criminal, intent on murder or mayhem, decided to NOT do that because of a 'no guns' sign or policy? utter BS.

This is the strategy of gun banners for the last 50 years. They can't get the 2nd Amendment repealed at the national level, so they've been trying to nullify it at the local level. In VA, thanks to Gov. Blackface and the general assembly, local governments now have the ability to do this. If the republicans can retake the assembly in November, reinstating state preemption should be a top priority.

Roksfr April 28th, 2021 10:38 AM

Winchester used to be a great town, but now has swung way left. Sad to see such a gem go down the drain.

fred55 April 28th, 2021 10:46 AM

We need a law, in VA if not US wide, that holds congress members personally liable for costs over-turning laws ruled unconstitutional. Perhaps after this year's election we can get a bill sponsored :) fred55

TheOriginalMexicanBob April 28th, 2021 12:01 PM

Quote:

Originally Posted by fred55 (Post 6302370)
We need a law, in VA if not US wide, that holds congress members personally liable for costs over-turning laws ruled unconstitutional. Perhaps after this year's election we can get a bill sponsored :) fred55

At least at the federal level, members of Congress cannot be held liable for any acts in performance of their proscribed duties. Doing so would subject them to constant legal, civil harassment by the public...whether they're friendly to us or not.

I would surmise VA's Constitution has much the same language.

aquaman April 28th, 2021 12:06 PM

Great move by the liberals getting rid of preemption. Now VCDL has to spend precious resources putting out multiple fires. VA has changed a lot since I left in 2014.

I doubt VA will ever go back to what it once was. Too many transplants from the NE in NoVA


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