|
Forum Rules | Firearms Safety | Firearms Photos | Links | Library | Lost Password | Email Changes |
Register | FAQ | Calendar | Search | Today's Posts | Mark Forums Read |
|
Thread Tools | Search this Thread |
April 7, 2010, 12:19 AM | #1 |
Junior Member
Join Date: April 7, 2010
Posts: 4
|
GMU Lawsuit at the Virginia Supreme Court
http://www.courts.state.va.us/courts...ls/091934.html
Does anybody know what Virginia's courts haves said in the past on the right to keep and bear arms? |
April 11, 2010, 01:44 PM | #2 |
Senior Member
Join Date: July 31, 2009
Posts: 642
|
http://www.virginia1774.org/GMULawsuit.html has copies of all the filings.
Very interesting case, most VA universities and colleges ban the possession of weapons by staff and students while on college property without permission. The GMU regulation bans weapons to everyone, university affiliate or not. Cities, counties etc. in VA cannot ban weapons from public property unless the ban is in state law. The law suit is over two issues, first is such a blanket ban constitutional and second can the ban be imposed by the university itself. The Judge ruled against the RTKABA (state and federal) angle by saying the university qualified as a sensitive zone and against the second argument by claiming the university had Sovereign immunity. I think the claimant (DiGiacinto) has a pretty good case on both grounds, but i am no lawyer. The key is really the second part of the suit. Can the university pass specific bans against weapons possessions by the general public when other public entities cannot. If DiGiacinto losses his appeal this opens up grounds for all the schools to ban weapon possession by the general public. Then it would depend on the Legislature clarifying the preemption law to say it really does apply to universities as well. One of the arguments the Judge used was that even though the GMU ban has been in place for a while the legislature has not done anything about it. The current VA senate leadership is hostile to gun laws although a few very popular ones made it through this session, one to allow University professors with CPP to carry on campus did not make it very far. |
May 26, 2010, 07:12 PM | #3 |
Junior Member
Join Date: April 7, 2010
Posts: 4
|
Doh!!!
|
May 26, 2010, 08:05 PM | #4 |
Senior Member
Join Date: July 31, 2009
Posts: 642
|
http://vagunforum.net/general-discus...lli-t4940.html
Above is a link to a discussion on the VCDL response to the Attorney General's brief on the lawsuit appeal. Essentially the AG used the standard arguments that a sensitive place needs to exclude guns. I wrote the AG and pointed out that banning guns has zero effect on the safety of a "sensitive" place. If it is truly sensitive they need to post armed guards at all entrances and search everyone entering. A person who is bent on murder does not really care if guns are allowed or not. |
May 27, 2010, 12:38 AM | #5 |
Junior Member
Join Date: April 7, 2010
Posts: 4
|
I just watched the video for the first time and I am perplexed at the least. First he says that Democrats in the Senate are better on guns than republicans. What? Does the Republican Party know he said this? If I am mistaken didn't I read in the paper that the Democrats had killed a lot of pro gun bills by a subcommittee or something like that? Then he without a doubt says that the college ban is indefensible and that only the General Assembly can make it illegal to carry firearms at colleges.
Facts are facts, and he is on video saying these things to get elected and then does the opposite. |
May 27, 2010, 06:33 AM | #6 |
Senior Member
Join Date: July 31, 2009
Posts: 642
|
The majority of the VA Democratic Senators might be pro gun, certainly a majority of the Senate is. But the leadership in the Senate (Democratic) is decidedly anti-gun,
|
May 27, 2010, 03:56 PM | #7 |
Senior Member
Join Date: February 16, 2008
Location: Shreveport, LA
Posts: 486
|
The one thing VA DOES have is the VCDL (Virginia Citizens Defense League), the finest grassroots gun rights organization I have ever been affiliated with! These guys know how to get things done and you can bet they are on top of this. I would LOVE to see a LCDL modeled after them! I would join and participate in a heartbeat!
|
May 30, 2010, 10:57 PM | #8 |
Member
Join Date: March 24, 2005
Location: Colorado
Posts: 91
|
VCDL
I agree with the previous commenter's thoughts about VCDL. They are a superbly run organization with a lot of really solid statewide grassroots, but well organized, support.
Disclaimer: I was a member of VCDL when I formerly lived in Virginia, and have continued to follow their work since I moved away. |
June 9, 2010, 05:25 PM | #9 | |
Senior Member
Join Date: July 31, 2009
Posts: 642
|
VCDL raised a hew and cry about the brief the attorney general wrote supporting the George Mason University gun ban. I received a reply to my complaint email today.
Quote:
|
|
June 9, 2010, 05:57 PM | #10 |
Senior Member
Join Date: August 19, 2007
Location: Montmorency Co, MI
Posts: 1,551
|
The one thing VA DOES have is the VCDL (Virginia Citizens Defense League), the finest grassroots gun rights organization I have ever been affiliated with! These guys know how to get things done and you can bet they are on top of this. I would LOVE to see a LCDL modeled after them! I would join and participate in a heartbeat!
Ditto MI-I have thought about supporting VA. |
June 9, 2010, 06:25 PM | #11 |
Senior Member
Join Date: December 4, 2009
Location: Frozen Tundra
Posts: 2,414
|
The open question I am thinking to myself is how come no one ever seems to sue one of these places when they get hurt because they were denied there right to bear arms?
I am no lawyer and I am just kind of rolling this off the cuff but what if places like this and stores ect that dont permit firearms were sued when someone gets hurt on their property because they were denied the right to bear arms in these places.... Dont these places have to provide for your protection if they deny you the right to bear arms? Thats my two cents.....
__________________
Molon Labe |
June 9, 2010, 06:31 PM | #12 | |
Senior Member
Join Date: January 27, 2010
Location: Norfolk, VA
Posts: 2,905
|
Quote:
|
|
June 9, 2010, 08:31 PM | #13 | |
Senior Member
Join Date: December 4, 2009
Location: Frozen Tundra
Posts: 2,414
|
Quote:
(Guy breaks in house, gets hurt in house and sues home owner and wins) Dont get me wrong Im not lawsuit happy but its a tactic the anti's Im sure would have no problem using so why not us?
__________________
Molon Labe Last edited by BGutzman; June 9, 2010 at 08:53 PM. |
|
June 9, 2010, 08:45 PM | #14 |
Senior Member
Join Date: January 27, 2010
Location: Norfolk, VA
Posts: 2,905
|
Since all the high-profile shootings in places where concealed/open carry isn't allowed haven't led to a flood of successful civil litigation against the property owners, I imagine the lawyers probably know something we don't. When you're talking about places like malls and schools, God knows their pockets are deep enough for any number of lawyers to make the effort if they thought they could win.
I imagine there's some set of circumstances that might lead to a civil judgement against the property owner, but as the legal saying goes, "extreme cases make for bad laws". Even if one plaintiff is successful, I don't see it leading to a blanket requirement forcing private property owners to provide metal detectors or armed guards as a condition for barring firearms. I'm a big proponent for legal carry, but I also believe that property owners' rights should trump customers' rights in this case - the customer is always free to leave. Last edited by ScottRiqui; June 10, 2010 at 09:18 AM. |
June 10, 2010, 08:29 AM | #15 | |
Senior Member
Join Date: January 8, 2010
Location: Charlotte, NC
Posts: 368
|
Quote:
Furthermore, it is pure speculation that if the victim had been able to have a gun, the injury/death would not have occurred. You'd never be able to show that some action of the property owner was the proximate cause of the injury/death. That is why no such lawsuits are ever brought. DD |
|
Thread Tools | Search this Thread |
|
|