VCDL Update: Local Fallout From Bruen

[Bob A]

From the email:

Virginia Citizens Defense League Defending Your Right to Defend Yourself

Good news on gun rights – here in Virginia and nationally The U.S. Supreme Court holding in NYSRPA v Bruen provides a huge tool for gun-rights organizations to use in defeating existing and future gun control. We need to move swiftly to milk that important and long overdue decision for all it’s worth. Virginia – Winchester rethinking their gun ban (with Action Item, below) Here in Virginia where VCDL sued the City of Winchester over their ban on firearms in recreation and community centers, parks and at permitted events, Winchester just blinked. On Tuesday, the Winchester City Attorney provided City Council with a draft of a proposed change to their gun ban at permitted events, which would basically repeal that restriction. But the proposed change left the recreation and community center, and park ban in place (good luck showing that those are “sensitive” places). However, the proposed change has another part that, if passed, will open the City up to another lawsuit: they are ridiculously redefining a pneumatic gun as a “firearm”. That is a clear violation of the Dillon Rule. Only the General Assembly can define the term “firearm”. That power is not delegated to localities. And the General Assembly has not given localities the power to prohibit the carry of pneumatic guns in government buildings, except for courthouses, or in parks, recreation and community centers, or at permitted events. That’s the part of the law that Winchester is trying to subvert with this ploy. There will be a public hearing and vote on this proposed ordinance change, possibly as early as July 12. ACTION ITEM for Winchester If you live in Winchester or are affected by their gun ban, you need to contact City Council to repeal their firearm ban. Email address: clerk@winchesterva.gov Suggested email subject: Repeal the City gun-ban in its entirety Suggested text: Winchester City Council, With the recent U.S. Supreme Court holding on NYSRPA v Bruen, I urge you to repeal ordinance 16-34, the City gun-ban in parks, permitted events, community and recreation centers, and in government buildings. The proposed change to the existing ordinance only eliminates the gun ban for permitted events and it creates a new problem: The City has NO authority granted to it by the General Assembly to redefine the term “firearm”. Likewise, the City also has no authority to prohibit the carry of pneumatic guns anywhere except a courthouse. The redefinition of “firearm” will get the City sued over breaching Virginia’s Dillon Rule. Parks, recreation and community centers, and permitted events do not qualify as “sensitive” places and very few government buildings would qualify. Out of 194 localities, only Winchester and 14 other localities don’t trust citizens to carry guns to protect themselves. Let me know what you plan to do with ordinance 16-34. Sincerely, Four Gun Cases from Other States There were four other gun case holdings that the Supreme Court issued today. All had their anti-gun rulings thrown out (“vacated”) and were sent back (“remanded”) to the lower courts to be reconsidered based on the new Bruen ruling. VCDL filed amicus briefs in the first two cases: Young v Hawaii – Hawaii’s denial of CHPs to citizens. The Supreme Court has already said they will have to go "shall issue." Duncan v Bonita – California’s ban on magazines that hold more than 10 rounds. Such magazines are in common use. Binachi v Frosh – Maryland’s “assault weapon” ban. AR-15s are in common use. ANJRPC v. Grewal – New Jersey’s ban on magazines that hold more than 10 rounds. Such magazines are in common use.