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VA Atty Gen Opines on Guns in Church

The Code of Virginia is not preemptible by local statute

VA Atty Gen Opines on Guns in Church

Postby allingeneral » Mon, 11 Apr 2011 14:36:25

We've all already assumed this to be the case, but now we have an official legal opinion published which indicates that personal protection is good and sufficient reason to carry in church.

Washington Examiner wrote:Under state law, it is illegal for any person to carry a gun into a place of worship while a religious meeting is being held there “without good and sufficient reason.”

But Cuccinelli writes in the opinion that “carrying a weapon for personal protection constitutes a good and sufficient reason" for doing so.

Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/cap ... z1JF0O2mJ2
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Re: VA Atty Gen Opines on Guns in Church

Postby allingeneral » Mon, 11 Apr 2011 14:55:46

Here's a link to the actual opinion

http://www.vaag.com/OPINIONS/2011opns/11-043.pdf

And here's some info from VCDL regarding the the weight that the opinion carries:

VCDL wrote:NOTE: This is an Attorney General's opinion. It carries a lot of weight, but is not law and is NOT a GUARANTEE that a judge will agree. In PRACTICE, however, this should pretty much settle the matter, especially if the General Assembly doesn't overturn it with a change to the law next year (there is about a zero chance of that happening).

VCDL would like to thank Delegate Mark Cole (Spotsylvania) for putting in the
request on our behalf and Attorney General Ken Cuccinelli for a well-reasoned
ruling.

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Re: VA Atty Gen Opines on Guns in Church

Postby OakRidgeStars » Mon, 11 Apr 2011 14:59:13

Gives new meaning to the phrase "Praise the Lord and pass the ammunition" :clap:

It's about time we had a common sense legal opinion on this issue.
“All that is necessary for the triumph of evil is that good men do nothing.” — Edmund Burke


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Re: VA Atty Gen Opines on Guns in Church

Postby NewColonial » Tue, 12 Apr 2011 08:55:50

Sorry, but I don't see what there is to celebrate here. Most folks already understand what "good and sufficient reason" means. The AG's opinion is just that, opinion. Someone could still be charged under another interpretation, and a liberal judge is free to disagree with the AG. All this did was directed attention from an ignorant public. I predict within the week we'll see calls for gun-free zone signs in churchs. The AG's own Bishop has come down in the past on his priests for carrying legal guns. (It may be a conservative diocese, but the Bishop has liberal leanings.)

I seem to recall that VCDL stated in the past that they didn't want to push the matter, and now they play it up. There are battles one chooses to fight, and ones to let lie. I predict VCDL (and Cole) screwed the pooch on this one.

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Re: VA Atty Gen Opines on Guns in Church

Postby Reverenddel » Tue, 12 Apr 2011 09:40:16

Difference of opinion.

The AG though can decide whom it chooses to charge, and prosecute. So if state charge is presented, his office can decline.

Doesn't stop the LOCAL C.A.'s, or FED prosecutors from proceeding. It just removes one block of resistance.

By the way? This is why I DO NOT attend "organized" church services. I have bible study with a buncha guys...


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Re: VA Atty Gen Opines on Guns in Church

Postby allingeneral » Sat, 16 Apr 2011 09:16:08

Here are copies of the official rulings passed down by Attorney General Counsel and by the Attorney General.

These would be useful for anyone who is being harassed/prosecuted for carrying a firearm for personal defense in while in a place of worship.
Attachments
Attorney General ruling-18.2-293.pdf
Attorney General Ruling DTD 08 APRIL 2011
(1.02 MiB) Downloaded 50 times
Counsel-ruling-18.2-293.pdf
Opinions Counsel ruling dated 14 JUL 2010
(1.24 MiB) Downloaded 43 times
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Re: VA Atty Gen Opines on Guns in Church

Postby Hilemark » Tue, 19 Apr 2011 08:06:24

It might even be helpful to print out copies of the rulings and keep them in a safe place in your car or truck. If there ever was a question about this issue you could show Law Enforcement Officers the rulings, it might keep someone from being arrested and spending thousands of dollars in lawyers fees.


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Re: VA Atty Gen Opines on Guns in Church

Postby Diomed » Wed, 20 Apr 2011 00:07:39

This is definitely bringing out the wingnut letter-to-the-editor-writing contingent. There seems to be some public backlash, at least. I'm starting to think McEachin's bill (or one like it) will get some real traction next year.


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Re: VA Atty Gen Opines on Guns in Church

Postby kps » Wed, 20 Apr 2011 06:52:26

my last church the preacher carried, which was more traditional, but I had a falling out with the preacher, & my new church, I have not asked the preacher, but I would guess he does carry, he wears full leathers, & I do see a bulge or two, but I cant tell for sure, I know a few of the members do, it is a biker church, only 1 clean cut guy comes, but bikers passing through show up. it is open to all walks of life, but especially bikers, & "colors" are welcome. this past week probably in excess of 60 people showed up. it is held at night. & can end close to midnioght, & the service can last 3 to 6 hours. they have a small band. as well as food.many members bring food, & snacks & preaching lasts for around 1 hour, the rest is socializing & listening to music, the preacher has said no alcohol or drugs on church grounds, but he keeps root beer in fridge, says thats as close to beer as he will allow. lol

so who wouldnt keep a gun with them? I been around bikers all my life, most can be decent when they try, but tick them off & who knows.

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Re: VA Atty Gen Opines on Guns in Church

Postby zephyp » Wed, 20 Apr 2011 07:31:17

The state MUST leave private institutions such as churches and restaurants ALONE. Go figure out a sensible way to tackle the deficit and FIX OUR ROADS instead of meddling in private affairs. IMHO there should be no law concerning carry in church or any other private establishment other than the clause about owners being able to restrict the right on their own property...
No more catchy slogans for me...I am simply fed up...4...four...4...2+2...

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