by mk4 » Fri, 02 Mar 2012 19:39:39
below is the text of hb20. how do y'all feel about (3)?
reading the bolded section, there has been interpretation in some circles that it gives the governor or other government actors the ability to, without much trouble or by simply citing "public safety", issue orders to set the bill's supposed protections aside. one might also deduce that the governor or other government actors could declare any building/structure/facility as an emergency shelter, even possibly one's home, and declare firearms prohibited there. how would you feel if a swarm of tornadoes rolled through and destroyed many homes, but yours was spared, declared a shelter/triage facility, and then proclaimed a prohibited place?
frankly, i think this bill, now statute, leaves far too much uncontrolled leeway to the government to believe we've really gained anything of substance.
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VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact ยง 44-146.15 of the Code of Virginia, relating to emergency services and disasters; constitutional rights.
[H 20]
Approved
Be it enacted by the General Assembly of Virginia:
1. That ยง 44-146.15 of the Code of Virginia is amended and reenacted as follows:
ยง 44-146.15. Construction of chapter.
Nothing in this chapter is to be construed to:
(1) Limit, modify, or abridge the authority of the Governor to exercise any powers vested in him under other laws of this Commonwealth independent of, or in conjunction with, any provisions of this chapter;
(2) Interfere with dissemination of news or comment on public affairs; but any communications facility or organization, including, but not limited to, radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with actual or pending disaster;
(3) Empower the Governor, any political subdivision, or any other governmental authority to in any way limit or prohibit the rights of the people to keep and bear arms as guaranteed by Article I, Section 13 of the Constitution of Virginia or the Second Amendment of the Constitution of the United States, including the otherwise lawful possession, carrying, transportation, sale, or transfer of firearms except to the extent necessary to ensure public safety in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons;
(4) Affect the jurisdiction or responsibilities of police forces, fire-fighting firefighting forces, units of the armed forces of the United States or any personnel thereof, when on active duty; but state, local and interjurisdictional agencies for emergency services shall place reliance upon such forces in the event of declared disasters; or
(5) Interfere with the course of conduct of a labor dispute except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety.
โFor life, liberty and Little Lizzie.โ - John Connor (2005)