VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF FREDERICKSBURG

VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF FREDERICKSBURG VIRGINIA CITIZENS DEFENSE LEAGUE, and PATRICIA WEBB, v. Plaintiffs, Case No.: {! L 1 L/-f8 3 CITY OF FREDERICKSBURG, Defendant. Serve: Kathleen Dooley City Attorney 601 Caroline St, Ste 200B Fredericksburg, VA 22401 ' ) COMPLAINT FOR TEMPORARY INJUNCTION, DECLARATORY JUDGMENT, AND PERMANENT INJUNCTION COMES NOW, Plaintiffs, Virginia Citizens Defense League and Patricia Webb, and through counsel, pursuant to Virginia Code 8.01-184 and 8.01-620, et seq., and submit this, and in support of say the following: Law, P.C.. Parties and Background 1. PlaintiffVirginia Citizens Defense League (hereinafter "VCDL") is a non-profit, grassroots organization, incorporated in the state of Virginia, that is dedicated to advancing the right of all Virginians to keep and bear arms as guaranteed the United States Constitution and Page I of II

. Virginia Constitution. 2. VCDL, as an organization, and through its individual members, regularly participates in public debate, legislative lobing, and seeking government accountability as it relates to regulation of firearms rights and the right to keep and bear arms. 3. Plaintiff Patricia Webb (hereinafter "Webb") is a firearms dealer, licensed pursuant to 18 U.S.C. 921, et seq., who owns and operates Gadsden Guns Inc., located in Beaverdam, Virginia. 4. As a federally licensed firearms dealer, Webb buys and sells firearms in the regular course of business, including firearms that may be offered for sale through auctions. 5. As a private citizen, Webb is an owner and collector of firearms. If a desirable frrearm is available for sale, especially if it is a rare or collectible firearm, Webb may attempt to purchase the frrearm if it meets her specific criteria (e.g., price, condition, value, etc.). 6. The Fredericksburg Police Department (hereinafter "Police Department") is the law enforcement agency of the City of Fredericksburg. As such, the Police Department is an "agent" of the City of Fredericksburg. 7. Gun buy backs have a tendency to attract old and unused firearms. Often, family members will turn in a firearm that they inherited, without ever knowing or appreciating the potential value of the weapon. Occasionally, one of these old and unused firearms will be a oneof-a-kind collectible that is irreplaceable. Some of these firearms may also have important and irreplaceable historical significance as well. 8. As a result, the auction of firearms that were received through a gun buyback program has the potential to be valuable to a firearms dealer, as well as a collector. Page 2 of II

General Assembly Regulates Gun Buybacks 9. In 2012, the General Assembly enacted Va. Code 15.2-915.5, which sets forth specific requirements and restrictions before any locality may participate in a gun buyback program. 10. Specifically, Code 15.2-915.5(A) provides: No locality or agent of such locality may participate in any program in which individuals are given a thing of value provided another individual or other entity in exchange for surrendering a frrearm to the locality or agent of such locality unless the governing body of the locality has enacted an ordinance, pursuant to 15.2-1425, authorizing the participation of the locality or agent of such locality in such program. (emphasis added) 11. Furthermore, subsection (B) requires that: a. Any firearm received through a buyback program must be offered for sale public auction or sealed bid to a federally licensed frreanns dealer (certain prohibited weapons are excepted), and b. The public auction must be publicized in accordance with specific rules for timin and circulation. c. Lastly, the locality may only destroy a weapon if it was unable to sell the firearm through the public auction process. 12. The General Assembly's intention is clearly evidenced in Code 15.2-915.5: In order to participate in a gun buyback, localities must frrst engage in the public and transparent legislative process of adopting an authorizing ordinance, and localities are prohibited from destroying frrearms received through a gun buyback unless the firearms are frrst offered for Page 3 of 11

auction. Fredericksburg Police Department Gun Buyback 13. On November 27, the Police Department announced the "Fredericksburg Gun Give Back Event," which is scheduled to be held on Saturday, December 13, 2014, at the Fr~depcksburg Police Headquarters. (A screen shot of the Facebook announcement is attached as Exhibit A.) 14. Within the Facebook post, the Police Department included a flier (attached as Exhibit B) that provided the following additional details: For every firearm turned in, our generous sponsor Ms. Doris Buffett will donate $100 to one of these local charities: Empower House, Cops and Kids (Shop with a Cop), Micah Ministries, Thurman Brisben Homeless Shelter All firearms turned over to Police wid be rendered safe and destroyed. You can be sure your unwanted firearms will never be used to commit a crime. (original emphasis omitted) (emphasis added) 15. The individuals surrendering the weapons will be allowed to choose which of the fo charities they wish to receive their $100 donation. 16. Through comments on the Police Department's Facebook page, the Police Department confirmed that the firearms received through the buyback program will not be offered for auction as required Code 15.2-915.5(B). VCDL, et al. v. City of Fredericksburg Page4 of 11

Summary of the Conflicting Interpretations of Code 15.2-915.5 17. The central dispute lies with the construction of Code 15.2-915.5(A), which applies to... [participation] in any program in which individuals are given a thing of value provided another individual or other entity in exchange for surrendering a firearm to the locality... (emphasis added) 18. On their Face book page, the Police Department asserted that, because the $100 will be given to a charity (as a third-party beneficiary), they believe the gun buyback is.exempted from the requirements of Code 15.2-915.5. 19. Stated differently, according to the Police Department, Code 15.2-915.5 does not apply to their gun buyback, because (i) the ''thing of value" is the $100 donation, and (ii) the donation is going to the charity-as opposed to the individual surrendering the firearm. 20. The Police Department's interpretation misses the mark. 21. True, the charities will receive the monetary donation. However, the $100 donation i not the only "thing of value" involved in the transaction. 22. The "things of value" are (i) the promise to make the donation and (ii) the individual's ability to choose the third-party beneficiary of the transaction. 23. There is no doubt that a promise is a "thing of value" that can be purchased in a contract. See Brewer v. First Nat. Bank of Danville, 202 Va. 807, 815, 120 S.E. 2d 273, 279 (1961) (confirming that a promise can be "bought and paid for" with valuable consideration). 24. Within the context of a unilateral contract, as in the case at bar, once the acceptingperformance is complete, the performer's ;'previously inchoate rights [to the unperformed Complaint for Temporary Injunction: Declaratory Judgment, and Permanent Injunction Page 5 of 11

promise] vest and become legally enforceable. Young v. Birth-Related Neurological Injury, 46 Va. App. 558, 620 S.E. 2d 131, 139 (2005) (citations omitted). 25. Lastly, it is beyond question that parties can direct the benefit of their bargains to third party beneficiaries. See generally Brewer, 202 Va. at 815, 120 S.E. 2d at 280 (describing that consideration will support a contract where the benefit "moves to a third party"); Evntl. Staffing Acquisition Corp. v. B&R Constr. Mgmt. Inc., 283 Va. 787,792-793, 725 S.E. 2d 550, 553 (2012) (describing that "it is well established in this Commonwealth" that a third-party beneficiary may have standing to enforce a contract). 26. In the case at bar, the Police Department's promise to pay $100 to a cl)arity, and the individual's ability to choose the third-party beneficiary, are clearly "things of value" that are given to the individual exchange for the firearm. 27. As such, Code 15.2-915.5 applies to the Police Department's gun buyback. Plaintiffs Harmed Defendant's Violation of Code 15.2-915.5 28. On information and belief, the City of Fredericksburg has not enacted an authorizing ordinance to participate in a gun buyback program as required Code 15.2-915.5(A). 29. The failure to enact an authorizing ordinance has deprived VCDL, its members, and the public at large of the opportunity to engage in the public debate, public commenting, and Law, P.C. general legislative process that accompanies the enactment of city ordinances. 30. As a result, the City of Fredericksburg is attempting to engage in a gun buyback program without frrst completing the transparent and public legislative process that is required under Code 15.2-915.5(A). VCDL, et al. v. City of Fredericksburg Page 6 ofll

31. Furthermore, the Police Department has announced a clear and unequivocal intention to destroy all firearms that were turned over, without first offering them for auction as required Code 15.2-915.5. 32. As a licensed firearms dealer and small business owner, Plaintiff Webb's livelihood depends on her ability to provide valuable firearms to her customers at a price that will offer her a reasonable profit for her efforts. The firearms collected through the gun buyback may contain one-of-a-kind weapons of irreplaceable value. Even without exceptional value, the firearms may be suitable to retail sales in Webb's store, Gadsden Guns Inc. 33. The failure to offer the firearms for auction will deprive Webb and other firearms dealers of the opportunity to review and bid on potentially valuable and irreplaceable firearms that she ~ould then sell in the regular course of business. 34. As an individual firearms collector, Webb enjoys the preservation and maintenance o existing collectible firearms. Rare and unique firearms are of limited availability, and as a collector, Webb may only have limited opportunities to buy collectible frrearms. Naturally, once a collectible or historically significant frrearm is destroyed, the loss is irreplaceable. 35. The Police Department's clear intention to destroy all frrearms received through the gun buyback, in violation of Code 15.2-915.5(8), will deprive Webb and similarly situated collectors of the opportunity to purchase and preserve potentially irreplaceable firearms, the loss of which may never be accurately quantified. Reguest for Temporary Injunction Pending a Full Hearing 36. Plaintiffs repeat their allegations in paragraphs 1 through 35 of the Complaint as if Page 7 of 11

fully set forth herein. 37. Pending a full hearing and argument in this court, Plaintiffs request a Temporary Injunction prohibiting the City of Fredericksburg, and its agent the Police Department, a. From proceeding with the gun buyback program scheduled to occur on December 13, 2014. b. From proceeding with any other gun buyback program without a properly enacted authorizing ordinance. c. In the alternative, from destroying or disposing of any firearms collected during the gun buyback program, without first offering the firearms for auction. 38. A temporary injunction is necessary because Plaintiffs have no adequate remedy at law and will likely suffer irreparable harm without a temporary injunction. a. There is no administrative remedy available to Plaintiffs. b. Defendant's violation of Code 15.2-915.5 cannot be reduced to an award of money damages. c. The likely injury to Plaintiff Webb, as a dealer and as a collector, is distinct and cognizable, but it is too speculative to reduce to an award of money damages. d. VCDL, its members, and the public at large have no legal cause of action to seek redress for being deprived of the opportunity to engage in the public debate, Law. P.C. public commenting, and general legislative process that would have certainly accompanied the enactment of the required, but non-existent, authorizing ordinance. 39. Defendant is unlikely to suffer irreparable harm during a temporary injunction. VCDL, et al. v. City of Fredericksburg Page 8 of II

a. The Police Department's gun buyback is not time-sensitive and would not be jeopardized a delay. b. Most importantly, even during a temporary injunction, the City of Fredericksburg can enact an authorizing ordinance and continue with the gun buyback program in accordance with Code 15.2-915.5. (Indeed, such a course of action would likely render this entire litigation moot.) 40. The likelihood of success favors the Plaintiffs. The intent of the General Assembly is clear, and it requires a strained reading of Code 15.2-915.5 to conclude otherwise. 41. A temporary injunction clearly benefits the public interest. a. The public interest is clearly served the City of Fredericksburg complying wi state law. b. The public interest will be harmed if the City of Fredericksburg is allowed to proceed with the gun buyback without engaging in the nonnallegislative process of adopting the authorizing ordinance. In essence, the City of Fredericksburg would then be allowed to hold a gun buyback, without the public participation or accountability, which the General Assembly has clearly mandated should be subject to the nonnallegislative process. c. The public interest will benefit in that potentially valuable and irreplaceable firearms will be preserved for posterity and history, as well as offered for sale on the free market. Page 9 of 11

Request for Declaratory Judgment 42. Plaintiffs repeat their allegations in paragraphs 1 through 41 of the Complaint as if fully.set forth herein. 43. Plaintiffs request a Declaratory Judgment that the Police Department's gun buyback would be in contravention of Code 15.2-915.5, that Subsection (A) requires the City of Fredericksburg to adopt an authorizing ordinance prior to holding any such gun buyback program, and that Subsection (B) prohibits the City of Fredericksburg from destroying any firearms before first offering them for auction. Request for Permanent Injunction 44. Plaintiffs repeat their allegations in paragraphs 1 through 43 of the Complaint as if fully set forth herein. 45. Plaintiffs request the issuance of a Permanent Injunction prohibiting Defendant from holding any gun buyback program without complying with the requirements of Code 15.2-915.5. WHEREFORE, Plaintiffs respectfully request this Court grant a Temporary Injunction as described above pending a full hearing of this matter, award a Declaratory Judgment to Plaintiffs, and grant a Permanent Injunction as described above, and such further relief as justice and equity may require. Complaint for Temporary Injun.ction, Declaratory Judgmen~ and Permanent Injunction Page 10 of II

Respectfully submitted, VIRGINIA CITIZENS DEFENSE LEAGUE PATRICIA WEBB By:. C el W. III, Esq. ROBERT HERRON LAW, P.C. One Columbus Center, Suite 600 Virginia Beach, Virginia 23462 Telephone: (757) 333-7529 Facsimile: (888) 511-0652 VSB: 78583 Counsel for Plaintiffs Page 11 of 11

ExhibitA.

Fredericksburg Police Department No"trnber 2.7 4(11 Our upcoming Gun Give Back event will allow you to turn in any unwanted firearms (NO QUESTIONS ASKED) and give back to the community! For every firearm we collect, our sponsor will donate S 100 to a local charity! ij Victoria Waldron, Christina Rydell Nye, Troy Dillard and 31 others like this. L;J 15 shares Q View 11 more commenn II II Clay Kle mm Is the donation considered a tax deduction? Dtcember 2 at 934am Andrew Loposscr Yea, this is stupid. Contact me lf you're Interested In giving away your unwanted firearm. 6 1 Deumber 2 at 10 24am Ralph Carl Patrick Catrone By saying ' no questions asked', isn't that asking criminals to dispose of evidence you could hnve used to ~o lve crimes? Also, there's no mention of any effort to restore stolen firearms to their rightful owners ff one was turned tn. ()ecernber 2 at lo:l4am Q 2 RepUes Sun Colden Lol.... no questions asked December 3 at 2 29pm Kim Bl.shop This Is not a good lde01. Yt.StRrd01y.11 4 47am Devin Banker The criminals can now kill people and then get their guns destroyed. Its perfectl 23 hrs

Exhibit B