Legal Question in Business Law in Virginia

Business Law/ County Ordinance- Gun Laws

2C2-. The town of Dumfries passes a town ordinance that prohibits anyone from keeping a loaded handgun in their home. The law says Scarlett scared tells the Town Council she thinks law is dumb and says with her arthritis she would take too long to load her handgun if someone was breaking into her house. The town council asks if she owns a shotgun ( Long barreled rifle) and she says yes. They suggest the gun lock law only applies to handguns and she can keep a loaded shotgun in her house. She says she prefers handgun protection. Scarlet calls the town police Chief daily admitting she is breaking law by having an unlocked hand gun in house. The local paper runs story and the council tell the Chief to arrest Scarlett. Scarlett�s attorney argues that the law is unconstitutional. Will Scarlett win or lose her case. Please Explain your answer


Asked on 1/16/09, 6:11 pm

2 Answers from Attorneys
Jonathon Moseley Moseley & Associates Law Firm

Re: Business Law/ County Ordinance- Gun Laws

Mr. Hendrickson is right. As a general tip, when someone asks a question like this, there is often a clear, direct answer. So there may be a famous case that directly addresses the question. (Or they might be EXPLICITLY asking for you to discuss things on both sides.)

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Answered on 1/17/09, 12:12 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Business Law/ County Ordinance- Gun Laws

The U.S. Supreme Court ruled in June of 2008 in the case of District of Columbia v. Heller that the 2nd Amendment to the U.S. Constitution gives citizens the right to keep and bear arms (which by inference includes arms which they may choose to keep loaded in their homes.)

Score this one for Scarlett.

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Answered on 1/16/09, 9:22 pm


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