- Nov 11, 2009
- 30,910
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.
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.