Status of Terry McAuliffe's executive order 50?

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Status of Terry McAuliffe's executive order 50?

Postby kd4hvz » Sat, 31 Aug 2019 07:17:12

Can anyone help me understand the current status of the Executive Order made banning guns in state buildings?

My understanding is that Executive Orders are only good for 18-months which would mean it expired just over 2-years ago, but the text of the order did not actually ban anything but rather ordered agencies to make changes. Sooo, that leads me to two questions.

1) If a state agency has a "rule" or "policy" that you can't carry a firearm on the property then there is no law broken if you do. If asked to leave, and you refuse, then (and only at that point) there would be a trespassing law broken. Am I logicing correctly?

2) If the state building has a sign prohibiting firearms, that would mean that carrying concealed would be illegal since VA permits are not valid when a building has a "no guns" sign on the door, but carrying openly would be legal. (But as mentioned above, because you can be asked to leave you would either have to leave immediately or risk being arrested for trespassing (for refusing to leave). Again, does this logic sound correct?

Thanks for any clarification anyone can share.

-Mike


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Re: Status of Terry McAuliffe's executive order 50?

Postby WRW » Sat, 31 Aug 2019 12:39:53

My understanding is that Executive Order duration is described in the document. I could be wrong and would welcome correction.

Here is a link to the Executive Order in question:

https://sgr.virginia.edu/sites/sgr.virg ... 0_2015.pdf

Not being a lawyer, I would not advise on carrying in an affected building.

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Re: Status of Terry McAuliffe's executive order 50?

Postby MarcSpaz » Sun, 01 Sep 2019 07:12:34

I'm no lawyer, but I have an opinion I'll share.

The executive order is in place until revoked or amended by another, future executive order. Even if the executive order is revoked or amended, any new rules, policies, agencies, etc., that come of it remain unchanged unless said future executive order(s) specifically state those rules, policies, agencies, etc., are to be changed or repealed.


With regard to any building, government or otherwise, if there are publicly posted rules prohibiting carrying of a firearm and you do anyway, you are in trespass. The signage or other public notice was your notification not to enter under such conditions. A person/representative doesn't have to do so verbally and wait for you to disobey to have you prosecuted.

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