| Author | Post |
|---|
Mike
Super Moderator
|
Posted: Wed May 2nd, 2007 02:19 pm |
|
***********************************
OpenCarry.org Press Release – 2 May 2007
***********************************
OpenCarry.org calls on state officials to refuse to comply with EO 501 and for the General Assembly to reestablish Constitutional rule in Virginia:
1. EO 50 is unconstitutional
2. EO 50 falsely offers hope for restoration of suspended rights
3. The General Assembly should meet and act to consider the matter, and:
a. Properly enact a gun rights disability for persons involuntarily subject to outpatient treatment orders pursuant to Va. Code § 37.2-817, while considering limitations on judicial authority to involuntarily order outpatient treatment in lieu of full commitment.
b. Enact a process for restoration of rights as a matter of Virginia law.
c. Enact a ban on sharing any involuntary commitment data with the federal government until the Congress establishes a process to restore rights as a matter of federal law.
Background
So the Queen stops by the Colony while the General Assembly is out of town and the next thing you know, Virginia Governor Tim Kaine (D) issues royal decree # 50 ordering state bureaucrats to violate state statutes, seize and disseminate confidential court records, and effect retroactive suspension of civil rights for life.
Yes folks, that’s what happened. Did you see Kaine’s white horse?2
Kaine enacts law by fiat
Art. IV, § 12 of the Virginia Constitution declares that “No law shall be enacted except by bill.” Yet yesterday Kaine suspended the gun rights of persons subject to a court order for involuntary admission and outpatient treatment orders pursuant to Va. Code § 37.2-817, even though the Code of Virginia clearly only bans gun possession by “any person involuntarily committed pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2”3 (emphasis added). The statute could not be more clear – only commitments pursuant to § 37.2-814 et seq. can result in loss of gun rights as a matter of Virginia law.4
Further in violation of statutory law, Kaine ordered the release of these confidential court orders for outpatient care to be released not just to state agencies, but transmitted to the federal government in violation of Va. Code § 37.2-818’s command that “court documents pertaining to the hearing provided for in this section [shall be kept] confidential.” (emphasis added).
No restoration of rights possible
Adding insult to injury, EO 50 states that Kaine’s gun possession prohibitions will only last “until that person’s firearms rights have been restored.”
Restoration of rights is impossible. Let’s forget for a monument that unlike Va. Code § 37.2-814, Va. Code § 37.2-817 has no judicial mechanism for restoration of rights – Kaine can just re-write this section of code next week. But even Kaine can’t re-write federal - “[s]ince October 1992, . . . ATF's annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals.”5
Citizens retroactively made felons as a matter of federal law
EO 50 has far more reaching consequences than simply making any person the subject of certain outpatient treatment orders ineligible to receive a gun from a dealer, as Kaine implies. The addition of the person’s name to the criminal records Exchange as a “committed” person disables them for possessing any gun they currently own, a federal felony subjecting them, without notice, to up to 10 years in jail for possessing an old hunting rifle at home.6
Conclusion
Governor Kaine’s EO 50 is unconstitutional and should be rescinded in favor of something Kaine not only can lawfully order, but would provide meaningful public safety immediately – a ban on state college administrative retaliation against lawful gun carry by college students over 21 years of age holding concealed handgun permits.
Meanwhile, the General Assembly should meet to consider constitutional modification to Virginia law, including ending commitment order data sharing with the federal government.
####################
Contact anytime on gun stories:
Mike Stollenwerk/John Pierce
http://www.OpenCarry.org
####################
[1] Available at http://www.governor.virginia.gov/Initiatives/ExecutiveOrders/2007/EO_50.cfm. See also Governor’s press release at http://www.governor.virginia.gov/MediaRelations/NewsReleases/viewRelease.cfm?id=399.
[2] But of course the idea that some judges may have ordered dangerous people to undergo outpatient treatment in lieu of full commitment and that this requires attention, is a reasonable proposition.
[3] Va. Code § 18.2-308.1:3. Similarly, Congress limits firearms disabilities for mental heath reasons to those who have “been adjudicated as a mental defective or has been committed to any mental institution,” 18 USC 922(d)(4) (emphasis added), BATFE’s more expansive term defining language at 27 CFR 478.11 notwithstanding.
[4] Id.
[5] BATFE firearm Q/A #A7 ("How can a person apply for relief from Federal firearms disabilities?"), available at http://www.atf.gov/firearms/faq/faq2.htm#q.
[6] 18 USC 922(a)(2) (providing that whoever “violates subsection (a)(6), (d), (g), (h), (i), (j), or (o) of section 922 shall be fined as provided in this title, imprisoned not more than 10 years, or both” (emphasis added)). Presumably, gun possession by a person affected by Kaine’s decree would also be a misdemeanor as a matter of Virginia law. Va. Code § 18.2-308.1:3.
Last edited on Wed May 2nd, 2007 11:08 pm by Mike
|
Mike
Super Moderator
|
Posted: Wed May 9th, 2007 05:29 pm |
|
| I wonder if anyone is going to legally challenege EO-50 in court?
|
Mike
Super Moderator
|
Posted: Sun May 13th, 2007 03:19 am |
|
UPDATE: The press just might be mulling this one over.
See http://www.timesdispatch.com/cva/ric/news.apx.-content-articles-RTD-2007-05-06-0246.html
SNIP
"Practicing the confrontational politics that backfired on predecessor Jerry Kilgore, McDonnell issued opinions saying Kaine had no power to protect gay state workers against bias or to run the government if the GOP legislature failed to pass the budget.
That was then. This is now.
McDonnell last week affirmed Kaine's use of executive fiat to close a mental-illness loophole in the background-check law, which might have kept guns from Virginia Tech shooter Seung-Hui Cho."
|
OCForever
Regular Member
| Joined: | Fri Jun 19th, 2009 |
| Location: | |
| Posts: | 5 |
| Status: |
Offline
|
|
Posted: Thu Jun 25th, 2009 01:18 am |
|
Well, we have prima facie evidence shown by Mike that Kaine has committed a serious criminal offense. Any abrogation or abuse of natural rights (of which the right to carry and bear arms is one) is a criminal act. Why has this criminal not been arrested and charged?!
His tryannical decree is unlawful on its face and should be bringing the highest condemnation from every Virginia citizen who cares about their ability to defend themselves with arms. Public pressure needs to be ratcheted up big time to expose Kaine as the liberty-hating thug that he is.
I'll be sure to pass this information around to everyone that I know. Thanks for the update, Mike!
|
Phssthpok
Regular Member
| Joined: | Tue Jul 17th, 2007 |
| Location: | |
| Posts: | 702 |
| Status: |
Offline
|
|
Posted: Thu Jun 25th, 2009 04:37 am |
|
18 USC, Sec. 242 Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
|
Grapeshot
Activist Member
|
Posted: Thu Jun 25th, 2009 10:48 pm |
|
King Kaine cannot be out of here soon enough. 
Wish he would fly to Argentina for a week.
Yata hey
|
Skeptic
Regular Member
|
Posted: Fri Jun 26th, 2009 04:51 pm |
|
DO we have a troll here bumping old threads?
Where is the new information or events here?
|
OCForever
Regular Member
| Joined: | Fri Jun 19th, 2009 |
| Location: | |
| Posts: | 5 |
| Status: |
Offline
|
|
Posted: Fri Jun 26th, 2009 08:06 pm |
|
| By troll, I assume you mean me Skeptic. It was new information to me. I'm not concerned if you found it new or not.
|
Grapeshot
Activist Member
|
Posted: Fri Jun 26th, 2009 10:14 pm |
|
Skeptic wrote: DO we have a troll here bumping old threads?
Where is the new information or events here?
Don't see any baiting or negative ranting with his posting.
He may have come in late on the thread but his comments made here are legitimate.
See no reason to not give this poster the patience we would expect from others.
Yata hey
|
TFred
Regular Member
| Joined: | Mon Oct 13th, 2008 |
| Location: | Virginia USA |
| Posts: | 1643 |
| Status: |
Offline
|
|
Posted: Sat Jun 27th, 2009 06:35 pm |
|
I didn't know about this. Has there been any development over the past two years?
TFred
|
Skeptic
Regular Member
|
Posted: Sat Jun 27th, 2009 09:48 pm |
|
I apologize, I didn't mean to offend anyone.
There is a form of trolling on issue message boards that involves bumping old threads in order to distract from current issues, sort of a topic dilution meets forum sliding technique.
This is happening on another forum I frequent so I am a touch over-sensitive to it at the moment, and I apologize to the new poster for my offhand remark.
|
Skeptic
Regular Member
|
Posted: Sat Jun 27th, 2009 09:54 pm |
|
Skeptic wrote: I apologize, I didn't mean to offend anyone.
There is a form of trolling on issue message boards that involves bumping old threads in order to distract from current issues, sort of a topic dilution meets forum sliding technique.
This is happening on another forum I frequent so I am a touch over-sensitive to it at the moment, and I apologize to the new poster for my offhand remark.
I wanted to add that I should have read more carefully before I opened my mouth
|
ritepath
Regular Member
| Joined: | Thu Apr 30th, 2009 |
| Location: | Bland, Virginia |
| Posts: | 11 |
| Status: |
Offline
|
|
Posted: Mon Jun 29th, 2009 03:13 am |
|
| Virginia has really went to pot since i moved here in 06...
|
Citizen
Founder's Club Member
|
Posted: Mon Jun 29th, 2009 03:31 am |
|
ritepath wrote: Virginia has really went to pot since i moved here in 06...
Yeah. Things just haven't been the same since Mr. Thomas Jefferson retired as our governor.
Oh!! You mean 2006.
|
Bull Frog
Regular Member
|
Posted: Tue Aug 4th, 2009 08:16 am |
|
Citizen wrote: ritepath wrote: Virginia has really went to pot since i moved here in 06...
Yeah. Things just haven't been the same since Mr. Thomas Jefferson retired as our governor.
Oh!! You mean 2006.
I am proud to say I never think before opening my mouth. It looks like eastern seaboard states are stupid - they follow the illegal mandates from Washington DC, even after to the Supreme Court told them they are illegal aliens.
Maybe they need a few free western men to come in an kick anal posteriors with vigor. The same treatment can be arranged for politicians on the hill .....at least, that's what I heard
|
rpyne
Regular Member
| Joined: | Tue Oct 23rd, 2007 |
| Location: | Provo, Utah USA |
| Posts: | 580 |
| Status: |
Offline
|
|
Posted: Tue Aug 4th, 2009 01:54 pm |
|
Bull Frog wrote: Maybe they need a few free western men to come in an kick anal posteriors with vigor. The same treatment can be arranged for politicians on the hill .....at least, that's what I heard
Interesting thought coming from the Peoples Republik of Kalifornia.
|
darthmord
Regular Member
|
Posted: Wed Aug 5th, 2009 03:48 pm |
|
rpyne wrote: Bull Frog wrote: Maybe they need a few free western men to come in an kick anal posteriors with vigor. The same treatment can be arranged for politicians on the hill .....at least, that's what I heard
Interesting thought coming from the Peoples Republik of Kalifornia.
Keep in mind that California suffers from the same sort of problem that other states with massive metropolitan areas suffer... a large block of liberal/lefist sheeple in a huge concentration. That concentration causes irregularities in distribution. That leads to massive majorities whereas if they were spread out, their majorities would be much smaller and more easily overturned.
Look at Illinois. Much of the state is red/conservative yet it goes blue. Why? Chicago. New York is much the same. Maryland is as well.
|
Current time is 12:02 am | |
|
