Comments on: VA Governor on the loophole err law

By: Xrlq

Xrlq — Wed, 25 Apr 2007 19:19:02 +0000

Nah, it’s a loophole if they screwed up. It’s not a loophole if they meant to allow what they allowed. If the Legislature voted to make the speed limit 55 mph, they meant to draw a line in the sand, saying it’s OK to drive that speed. Anyone who argues that you should have driven slower under ordinary road conditions is arguing against the law itself. Ditto for this example. If it can be shown that the General Assembly made a deliberate decision to provide information about involuntary commitment, but not about involuntary treatment on an outpatient basis, in NICS, then it’s not a loophole. If they just screwed up, it is.

By: SayUncle

SayUncle — Wed, 25 Apr 2007 17:53:40 +0000

I mean scheming on the part of the one who is trying to get around the law that they are not violating. Not the lawmakers.

I think the term is applied too broadly. If we took the term to mean what everyone seems to think it means, I’m using a loophole when I drive 55MPH in 55MPH zone. I mean, I shoulda been doing 50MPH.

By: Xrlq

Xrlq — Wed, 25 Apr 2007 17:47:25 +0000

I’ve always understood “loophole” to refer to inadvertent omissions on the part of lawmakers, not intentional “scheming” on their part to enact a law allowing X while prohibiting Y. If legislators really considered the issue of involuntary commitments vs. judge-ordered counseling, and made a deliberate decision to include the former but not the latter in NICS, then that distinction is NOT a loophole. To the extent a loophole is about scheming, it’s scheming on the part of the individuals seeking to exploit it, not on the sloppy legislator who inadvertently created it.

By: _Jon

_Jon — Wed, 25 Apr 2007 14:15:06 +0000

I think they intentionally used the word “loophole” in relation to guns in order to tie it to the “loophole” they believe exists at gun shows. We know the anti-gunnies hate that “loophole” and will do anything to close it. By labeling a law that need updating as having a “loophole” – and that lacking resulted in deaths via guns – the anti-gunnies are pulling on an emotional string.

If they can say “A loophole allowed this to happen!”, they can get a positive pull on “We need to close loopholes!”, which will be applied to the private sale transactions at gun shows, because they’ve been calling that a “loophole” for quite a while.

Pretty clever of them, actually.

By: SayUncle

SayUncle — Wed, 25 Apr 2007 13:53:35 +0000

Loophole generally implies some sort of scheming to bypass a law.

On the guv, seems EOs exist entirely to create law these days.

By: Xrlq

Xrlq — Wed, 25 Apr 2007 13:47:38 +0000

That sounds like a pretty good working definition of “loophole” to me. What do you think the word means? Whether the guv has the authority to close said “oops, didn’t think of that” without legislation is, of course, a somewhat trickier question.