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Northam & his NOVA cohorts overruled by a judge

Posted on 4/29/20 at 8:47 pm
Posted by MeatCleaverWeaver
Member since Oct 2013
22175 posts
Posted on 4/29/20 at 8:47 pm
LINK

quote:

A Virginia gun range must be allowed to open to customers despite a statewide executive order requiring nonessential businesses to close to slow the spread of the coronavirus, a judge ruled Monday.

The order issued by Lynchburg Circuit Judge F. Patrick Yeatts says federal and state protections on the right to bear arms outweigh any emergency authority held by Democratic Gov. Ralph Northam to order the gun range closed.
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 4/29/20 at 8:47 pm to
quote:

The order issued by Lynchburg Circuit Judge F. Patrick Yeatts says federal and state protections on the right to bear arms outweigh any emergency authority held by Democratic Gov. Ralph Northam to order the gun range closed.


Posted by teke184
Zachary, LA
Member since Jan 2007
103104 posts
Posted on 4/29/20 at 8:48 pm to
Coonman will appeal this and issue a slightly altered proclamation shortly.
Posted by texashorn
Member since May 2008
13122 posts
Posted on 4/29/20 at 8:57 pm to
I would like to read more about this, but saying the governor can’t restrict guns during a public emergency AT ALL means that during a disaster or violent criminal uprising in Virginia, the governor could not suspend gun sales, either (a common feature of state and local emergency laws).

I know that could be abused, but taking that away could lead to good people being endangered.
Posted by MeatCleaverWeaver
Member since Oct 2013
22175 posts
Posted on 4/29/20 at 9:00 pm to
quote:

but saying the governor can’t restrict guns during a public emergency AT ALL means that during a disaster or violent criminal uprising in Virginia, the governor could not suspend gun sales, either (a common feature of state and local emergency laws).


And? It’s because he can’t - 2nd Amendment.

quote:

I know that could be abused, but taking that away could lead to good people being endangered


Actually allowing a governor to suspend gun sales would endanger good people. It would have no effect on bad people.
This post was edited on 4/29/20 at 9:25 pm
Posted by texashorn
Member since May 2008
13122 posts
Posted on 4/29/20 at 9:03 pm to
That also implies that felons can buy guns legally. No holds barred.

Good people can lose their cool during unstable times, too, and run out and load up on guns and put innocent people in danger. People snap.
Posted by FATBOY TIGER
Valhalla
Member since Jan 2016
12852 posts
Posted on 4/29/20 at 9:06 pm to
quote:

Good people can lose their cool during unstable times, too, and run out and load up on guns and put innocent people in danger. People snap.


It's called freedom, either we all have it or none of us do.

Where do their rights end and mine begin.
This post was edited on 4/29/20 at 9:12 pm
Posted by Lima Whiskey
Member since Apr 2013
22594 posts
Posted on 4/29/20 at 9:09 pm to
quote:

Good people can lose their cool during unstable times, too, and run out and load up on guns and put innocent people in danger. People snap.



- There’s no correlation between gun ownership in a society and violent death. The two are not connected.

- Your second assertion is fantasy.

- We should expect an increase in suicides among men however, due to economic and social distress. Restricting access to guns will not lower it though, individuals will just turn to another method.
This post was edited on 4/29/20 at 9:12 pm
Posted by SOKAL
Member since May 2018
4124 posts
Posted on 4/29/20 at 9:17 pm to
Geez, do you not get that government actions are held to higher scrutiny when those action infringe on a fundamental right?

What the hell is the compelling government interest to prevent people from exercising their 2d Amendment rights in this instance?

There is a damn virus amongst us. Well guess what, there are always viruses around.

Your reasoning is that people might do this, it's possible this might happen.

That's not good enough. How is shutting down gun ranges necessary?
Posted by texashorn
Member since May 2008
13122 posts
Posted on 4/29/20 at 9:17 pm to
Ok, I knew I should’ve read what the Virginia law states.

quote:

Nothing in this chapter is to be construed to:

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

Virginia Emergency Services and Disaster Law

Sales would be one thing. I get that. This judge is legislating from the bench that this includes gun ranges.
Posted by Wild Thang
YAW YAW Fooball Nation
Member since Jun 2009
44181 posts
Posted on 4/29/20 at 9:18 pm to
quote:

Northam & his NOVA cohorts overruled by a judge


MAGA
Posted by teke184
Zachary, LA
Member since Jan 2007
103104 posts
Posted on 4/29/20 at 9:19 pm to
It is a restriction of carrying. They aren’t allowed to carry them to the range.
Posted by Wild Thang
YAW YAW Fooball Nation
Member since Jun 2009
44181 posts
Posted on 4/29/20 at 9:19 pm to
quote:

texashorn


frick off sky screamer
Posted by gthog61
Irving, TX
Member since Nov 2009
71001 posts
Posted on 4/29/20 at 9:22 pm to
Now that Spoon Man song is in my head
Posted by texashorn
Member since May 2008
13122 posts
Posted on 4/29/20 at 9:23 pm to
quote:

What the hell is the compelling government interest to prevent people from exercising their 2d Amendment rights in this instance?

The Va. Attorney General believes it’s to limit spread of the virus in an indoor gun range.

I’m not sure what constitutional right you have to go to a publicly available gun range that is licensed to do business by the state. If you want to target practice, do it on your own land.
This post was edited on 4/29/20 at 9:26 pm
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
57798 posts
Posted on 4/29/20 at 9:24 pm to
quote:

I would like to read more about this, but saying the governor can’t restrict guns during a public emergency AT ALL means that during a disaster or violent criminal uprising in Virginia, the governor could not suspend gun sales, either (a common feature of state and local emergency laws).

I know that could be abused, but taking that away could lead to good people being endangered.


Cops around New Orleans trying to confiscate guns from people protecting themselves, their families, their private property and their businesses right after Katrina agree with you.

Those who fail to learn from history...
Posted by AMS
Member since Apr 2016
6534 posts
Posted on 4/29/20 at 9:28 pm to
quote:

That also implies that felons can buy guns legally. No holds barred.

Good people can lose their cool during unstable times, too, and run out and load up on guns and put innocent people in danger. People snap.


You’re right. To prevent this they should suspend innocent folks rights to Defend themselves in an emergency situation, because people might snap and hurt innocent people
This post was edited on 4/29/20 at 9:29 pm
Posted by SOKAL
Member since May 2018
4124 posts
Posted on 4/29/20 at 9:30 pm to
quote:

Ok, I knew I should’ve read what the Virginia law states. quote:Nothing in this chapter is to be construed to: 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 Virginia Emergency Services and Disaster Law Sales would be one thing. I get that. This judge is legislating from the bench that this includes gun ranges.


You are a special kind of dumbass. The judge is interpreting whether the emergency order violates the Virginia and Federal Constitutions. He's not legislating anything.
Posted by SOKAL
Member since May 2018
4124 posts
Posted on 4/29/20 at 9:32 pm to
You don't get it - a constitutionally protected right > what a Governor deems to be "essential."
Posted by texashorn
Member since May 2008
13122 posts
Posted on 4/29/20 at 9:33 pm to
That’s a common, explicit feature of emergency powers (to suspend gun sales).

I can see instances where it would be necessary. Suspending sales does not equate disarmament of those already in possession.

I can see where it can be abused, too. I already acknowledged that.
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