Limerick Township Violates Preemption!?

[exceltoexcel]

Somehow the VCDL figured a way around the private property rights specifically note how they got around the civic center ban

"Virginia Citizens Defense League . . . is on a mission to root out every nugget of gun control it can detect in Virginia. It has been behind campaigns to make sure concealed weapons are allowed in local government buildings, even civic centers, and fought to open up state and local parks to concealed weapons."
The Daily Press - Nov 27, 2006

I'm going to try to keep this alive someway somehow, we've got to do something to keep these government bodies from running amuck

[LittleRedToyota]

thank you for your efforts excel. let me know if there is anything i can do to help.

the whole idea that localities can effectively ignore pre-emption by claiming private propery rights is really, really scary. i like being able to actually take my ar-15s off of my property to get to the shooting range at least. i also like actually being able to carry off of my property with my LTCF.

[exceltoexcel]

I'd hate to retract my retraction already, but upon further investigation I have found another attorney that specifically rattled off cases in which governments claiming that they have the right to manage a property as a private owner have been told they may not in the course of those activities pass laws contrary to state law or end run by creating rules. It applies to the trespass idea, they souldn't get you for trespass because they can't regulate that specific item, in this case, a gun by state law. So, its back on, he said it is clear that the township is in violation of preemption. I will not let this die until i have a solid answer from multple sources, seems opinions are diverse regarding this subject but basically what he said was. Townships given the right to manage a property must do so within the law that governs them regardless of private property rights and the preemption law governs them which is why they can't post no guns on sidewalks and roads or parks!

[exceltoexcel]

On a side note both attorneys said they have actually FOLLOWING this thread. So the first one might be the gunlawyer for all I know, I'm sure he wants to remain anonymous so i won't post either of their names here. Either way they were both very nice and seem very knowledgeable and readily gave me there input. The last one said he'd contact me with some relevant information at a later date. If any lawyer that reads this wants to give me some ammo anonymously they can email me the info at xltoxl@hotmail.com I appreciate all the information I can get, pro or con so that i can get some sort of idea where to take this and what to I can do about it.

[exceltoexcel]

Okay, so last update of the day, I have written the attorney general Corbett soliciting his opinion on the limerick preemption debate.

I'm looking forward to his reply and will let you all know once I receive it.

[IceFire]

Be sure and keep us posted, and glad you're keeping up the fight and not just letting it die.

[knight0334]

You guys/gals throught about doing like they did out in OH a couple years ago and gather in mass while carrying?

500 lawfully armed people in a public place would make quite a statement. Be sure to get a parade/demonstration license or whatever other permit you may need ahead of time though.

[ChamberedRound]

Go get 'em excel, good to hear that other counsel thinks there may be an angle worth investigating. Let us know how it goes. Maybe you'll get lucky and one of these guys will work pro bono

[LittleRedToyota]

Originally Posted by knight0334

You guys/gals throught about doing like they did out in OH a couple years ago and gather in mass while carrying?

500 lawfully armed people in a public place would make quite a statement. Be sure to get a parade/demonstration license or whatever other permit you may need ahead of time though.

i would be willing to drive to limerick to take part in that. (not even sure where it is, but i'll find it on the map and meet yinz there.)

[exceltoexcel]

Well this individual seems as fired up about it as I am, yet my guess is he does a lot of charity work he specifically said that he'll answer my question when he could but he didn't need another charity case he has to eat. Mind you I didn't ask him, but he seems like the type of individual that plays the important role in society of doing too much for too little. I rarely get fired up like this and when I do I nearly always exhaust every avenue before I quit and even those few times in life when I've abandonded an idea I still keep it alive enough that if the subject presents itself I ask people about it hoping for some miracle. Honestly I nearly always find it. I seriously wouldn't be surprised if I end up becoming a lawyer, I know I'll be taking some law classes at the community college now. That isn't even a question. No bother I needed a new passion besides shooting a paper targets and driving the car on the track / autocross the few times I get a chance to.

Thanks for the support, its nice to know I'm not completely alone in thinking this law isnt right, even if it can be made legal through some back door, I have no doubt the idea of the restriction on home rule is to stop all legistlation from local governments and litigation as well. I already found president in earlier court case that state that fact.

You're going to see a lot of posts from me in this thread and I'm not going to argue any of the issues here from now on just state the facts as I get them verified from people in the know.