Hampton Coliseum - Arena Racing - Preemption?

[herseyc]

Turned away tonight.

No guns, knives, or weapons of any kind allowed by the Arena Racing folks.

The Coliseum is city property so I thought the Va law would apply. LEO said preemption does not apply to property leased. Anyone know if this is accurate?

Thanks
Hersey

[zephyp]

Thats a good question. So if the city leases the Arena does the tenant then get to dictate firearm policy...IANAL but my guess is NO. However I doubt its specifically covered in code so probably a question for the courts...user might know.

[wally626]

Pre-emption Statute:

§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101 from acting within the scope of his duties.

The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or juvenile detention facility.

B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.

It appears based on my reading (NAL) that a leasee has no special powers to restrict weapons, since no agency, agent, entity, authority can do so, except jails.

I would contact the folks at VCDL, http://www.vcdl.org/ If you some free time money, and witnesses file a lawsuit.

Edit to add: Walking a way, is certainly the proper thing to do in this case, trying to convince the officer of your legal rights is probably a stupid thing to do as you are going to lose. Make note of the time and place, and the responding officers names and organizations and the specific regulations they are citing to keep you out.

[ProShooter]

The city cannot lease away the rights of the citizens. Pre-emption still applies and they cannot bans guns. What they told you was incorrect.

[zephyp]

VA Code specifically states that landlords cannot deny tenants their 2nd Amendment rights...dont know how that applies here...

[allingeneral]

The fact is that the Hampton Coliseum is owned by the City of Hampton. Regardless of lease status, ownership is still with the city/state. Therefore, preemption applies and they cannot ban firearms in accordance with state law.

As a matter of fact, I recall this coming up several months ago, and the management at H.C. had to change their policies in order to align with state law (thank you VCDL).

The rules, as stated on their website at http://www.hampton.gov/coliseum/generalrules/index.aspx

* Alcohol is served at selected events. Only those persons 21 years of age and older, with proper ID will be served. Please drink responsibly.
* Laser lights are prohibited.
* Hampton Coliseum is a smoke free facility. Smoking is permitted only at designated areas outside the building.
* Children 2 years of age and up must have a ticket for most events. Children under 2 may sit on a parent's lap without a ticket. (subject to change)
* All patrons are subject to search prior to entry.
* No illegal weapons allowed.
* No outside food, beverages, coolers, or bottles allowed.
* For rules pertaining to a specific event, please refer to the individual event description.

This is a change from what their previous ruleset indicated, when they banned *all* weapons, not just specifying *illegal* weapons.

(psst! IANAL!)

[gunderwood]

The city cannot lease away the rights of the citizens. Pre-emption still applies and they cannot bans guns. What they told you was incorrect.

Yes, but try telling them that.

[zephyp]

The city cannot lease away the rights of the citizens. Pre-emption still applies and they cannot bans guns. What they told you was incorrect.

Yes, but try telling them that.

Yep, as they drag you away for failing to comply...

[ProShooter]

The city cannot lease away the rights of the citizens. Pre-emption still applies and they cannot bans guns. What they told you was incorrect.

Yes, but try telling them that.

I won't have to....my attorney will do it for me.

[herseyc]

Thanks for the responses. I'm going to send a note to the VCDL.

I went through the arena racing site and there is nothing there about know weapons, and I had checked the Coliseum site before we headed that way.

Don't have much spare money, but I do have some time so I am willing to do what I can to fix this.

Hersey