1st Amendment without the 2nd in Richmond this weekend

[bignflnut]

Authorities are planning to cordon off a “weapons-free assembly zone” around the statue of Robert E. Lee on Monument Avenue in an effort to head off any potential violence at a rally to support preserving Confederate monuments planned for Saturday.

“We do not want what happened in Charlottesville to happen in Richmond,” said Richmond Police Chief Alfred Durham in a letter distributed to residents this week.

We do not want to live without Liberty, regardless where we are. Furthermore, it's your job to uphold our Liberty.

Durham described plans to ban items such as sticks, bats and knives at a community meeting held by Councilwoman Kim Gray last week, according to several people who were there. It’s unclear whether the ban would extend to guns — a potentially thorny legal issue in a state that allows the open carry of firearms.

[AlanM]

We can thank Phillip Van Cleave, President of VCDL, for that reversal.
He learned about this and notified all concerned that the VCDL would take legal actiion if they tried to violate state law.

If anyone is interested here I can post the email VCDL alerts that were sent out before and after they backed off.

[Brian D.]

I already know that Virginia's grassroots gun rights groups are not easily trifled with, AlanM. To give an example, it's perfectly legal there to open carry at city council meetings and such.

[techmike]

We can thank Phillip Van Cleave, President of VCDL, for that reversal.
He learned about this and notified all concerned that the VCDL would take legal actiion if they tried to violate state law.

If anyone is interested here I can post the email VCDL alerts that were sent out before and after they backed off.

I would like to read it. Thanks Alan!

[Brian D.]

Fountain Square is a public gathering place in downtown Cincinnati. Permits are needed to assemble groups of a certain size there. (Mainly so as not to conflict with scheduled events.) You can have a gun rights rally there, while carrying handguns and/or long guns. But per the rules, if you want to carry a sign, you can't attach it to a stick or piece of lumber, regardless of how thin.

It's silly but I can live with that.

[AlanM]

OK, here are the Emails I received (Edited to just show the pertinent lines as much of the emails is VCDL member related or quotes of the news media article(s).

All are From: VCDL President <REDACTED> (Philip Van Cleave)
EDIT: Note the dates to the right of the Subject lines are the date/time I received them.
(the first subject line is a little confusing, the event is on Saturday 9/16/17)

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Subject:   VA-ALERT: Richmond considering weapon ban around monument on Saturday     13-Sep-17 15:13

In advance of a possible protest near the Robert E. Lee monument in Richmond on Saturday, the Richmond Police are contemplating a weapons-free zone around the monument.  The article points out that the police are not sure if that zone would include firearms.

Well, the Richmond police CANNOT prohibit firearms at any such event by law (15.2-915).

I have left a message to that effect with both the Chief of Police and the City Attorney.

If anyone has any solid intel that Richmond is going to try to prohibit firearms, get back to me at once (president@vcdl.org).

VCDL does not have an iron in the fire for the event itself, but we do care if Richmond violates state law.

Here is the article:

http://www.richmond.com/news/local/city-of-richmond/richmond-police-plan-weapons-ban-at-pro-confederate-protest-saturday/article_d595113c-4680-58e1-b4ba-53372d78beaf.html
 

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Subject: VA-ALERT: Update: Richmond weapons ban on Saturday     13-Sep-17 20:03

I talked to a reporter at the Richmond Times-Dispatch about Richmond considering an illegal gun ban and they have updated the story with these new paragraphs:

The question of whether firearms can be banned at political demonstrations dominated discussion Tuesday during the first meeting of McAuliffe’s task force on civil unrest post-Charlottesville. First Amendment scholar Rodney A. Smolla, who gave the panel a briefing on constitutional law, called the topic “uncharted legal territory” but said authorities aren’t powerless to control armed crowds.

“If I am marching armed and loaded and expressing violent statements, the idea that that's a threat is not at all far-fetched. It's not at all theoretical,” Smolla said. “I would rather protect somebody's life and then deal with the legal consequences after the fact.”  

Meanwhile, the leader of the Virginia Citizens Defense League, the state’s influential pro-gun group, said Richmond authorities “cannot ban firearms” under any circumstances, citing a state law that prohibits all forms of local gun control not explicitly authorized by the General Assembly.

The group's president, Philip Van Cleave, said he sees no reason why the upcoming rally should be treated as an exception, adding that he called the police chief and city attorney Wednesday to seek clarification on the city's plans. If the ban covers guns, Van Cleave said, the group would likely file a lawsuit. "The law's the law," he said.

Van Cleave said VCDL has no issue with the city banning sticks or other objects that could be used as weapons.

“Pretty much anything but guns,” Van Cleave said.

—

INTELLIGENCE COMING INTO VCDL

I have two independent and trusted sources that are telling me that Richmond ILLEGALLY banning firearms at the event is a possibility.  My radar is on full scan right now and I am in touch with legal counsel about our options.

Richmond spitting in the eye of the Virginia General Assembly is a really bad idea.

Hopefully Richmond will stay within the law and VCDL can stand down.  But if Richmond violates the law, VCDL is NOT going to let it slide.

The best bet would be for Richmond to simply break up any unlawful assemblies as they are forming and to send the two groups off in different directions, something that Charlottesville failed to do.

Anyone wearing a mask should be arrested, as that is unlawful in Virginia.

—

Story link:

http://www.richmond.com/news/local/city-of-richmond/richmond-police-plan-weapons-ban-at-pro-confederate-protest-saturday/article_d595113c-4680-58e1-b4ba-53372d78beaf.html

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Subject: VA-ALERT: VCDL standing down - Richmond not banning guns on Saturday     14-Sep-17 17:01

The Richmond Chief of Police confirmed at a press conference I attended today that Richmond will NOT be prohibiting guns this Saturday.  He emphasized that Richmond will be enforcing all laws (good), which is what Charlottesville failed to do.

I was lining up a lawyer to do an emergency injunction tomorrow, but will now cancel that effort.

VCDL, which has no dog in the fight as far as the protest goes, will now stand down.

Remember, VCDL will have a booth at the Wilderness Trail Festival on Saturday in Christiansburg and a membership meeting in Christiansburg on Monday.

[techmike]

Thanks again, very interesting read - seems that the VCDL casts a large shadow.