Skip to comments.Governor Bob McDonnell Signs VA Restaurant Carry into Law
Posted on 04/14/2010 8:14:29 AM PDT by P8riot
Governor Bob McDonnell Signs VA Restaurant Carry into Law
Fairfax, Va. - Governor Bob McDonnell has signed into law a NRA-backed measure allowing right-to-carry permit holders to carry a concealed firearm for self-defense in restaurants, providing they do not consume alcohol. State Senator Emmett Hanger (R-24) and Delegate Todd Gilbert (R-15) were the principal sponsors of Senate Bill 334/House Bill 505.
This is a victory for self-defense in Virginia," said Chris W. Cox, executive director of the NRAs Institute for Legislative Action. As headlines remind us, violent crime can happen anywhere. Law-abiding Virginia residents now have the option to carry a firearm in restaurants to defend themselves and their loved ones.
The measure passed the State Senate in February by a margin of 22-18 and passed the House of Delegates in early March with a vote of 72-27. Virginia is the 42nd state to extend self-defense rights to permit holders in restaurants.
The right to self-defense and the protection of loved ones in and outside the home is vital. We are pleased that Virginia passed these laws to enhance the self-defense rights of law-abiding folks in the Commonwealth, concluded Cox. The NRA would like to thank Governor Bob McDonnell and the lead bill sponsors, Senator Emmett Hanger and Delegate Todd Gilbert, as well as all the other legislators who supported this common-sense measure.
This law will take effect July 1, 2010.
In addition, Governor McDonnell has also signed the following pro-gun bills into law:
House Bill 8/Senate Bill 3, sponsored by State Senator Ralph Smith (R-22) and Delegate Charles Carrico (R-5), allows Virginia residents to renew concealed carry permits by mail.
House Bill 109, sponsored by Delegate Mark Cole (R-88), repeals the statute which allows the governing body of any county to require the sellers of pistols and revolvers to furnish the Clerk of the Circuit Court with the name and address of the purchaser, date of purchase and the number, make, and caliber of the gun.
House Bill 871, authored by Delegate Ben Cline (R-24), clarifies that a person who is applying for a concealed handgun permit for the first time has the same right to an ore tenus (verbal or oral statements) hearing if the permit is denied as a person who has previously held a concealed handgun permit.
House Bill 1092, sponsored by Delegate Anne B. Crockett-Stark (R-6), gives retired law-enforcement the ability to carry a concealed handgun without a permit.
House Bill 1191, sponsored by Delegate H. Morgan Griffith (R-8), allows a circuit court judge to authorize the Clerk of Court to issue concealed handgun permits in instances where the application is complete, the background check does not indicate that the applicant is disqualified, and, after consulting with the local sheriff or police department, there are no other questions or issues surrounding the application.
Virginians can thank Governor Bob McDonnell for his Second Amendment support at (804) 786-2211 or click here to thank him via email.
What happens if they consume alcohol?
A person who consumes alcohol in violation of the provisions of the law is guilty of a Class 2 misdemeanor.
“What happens if they consume alcohol?”
They miss their target.
"Beware of strong drink. It can make you shoot at tax collectors and miss." Lazarus Long.
And how do you prevent that?
so now the left will be suspicious of people who don’t drink. (or use drugs)
“Don’t mess with them, they are not drinking...”
“Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined...The great object is that every man be armed. Everyone who is able might have a gun.”
You can't. Because you can't pass a law the prevents human behavior.
Before this became law, Virginians were still able to carry weapons into places that sold alcohol for on premise consumption... they just had to open carry (if you were concelaed you tucked your shirt behind the gun aka The Virginia Tuck).
That said most people that have a CCW permit guard it with extreme jealousy and are generally responsible people that don't want to lose their permit.
Is this granted even over the objections of the business owner?
RKBA trumping private property rights? If so, I strongly disagree.
The Constitution was created to limit the power of the government, not private property owners.
Restaurants? I find it inconceivable that carry was ever denied in restaurants.
Restaurants that are licensed by the state to sell alcohol. There was never a problem carrying concealed in other restaurants, unless they had a posted policy.
Tell me, where do the rights of private citizens end, and the rights of businesses begin?
I don't know about Virginia, but a similar restaurant-carry law was recently passed in New Mexico (goes into effect 07/01). Here all a business or property owner has to do is post a sign stating that guns are not allowed on the property, and that trumps everything.
So nice of restaurants to post ‘no guns’ signs so we know which ones to avoid.
Businesses are "private citizens", since it is just such citizens who own them.
Your question is no different than: "Where to the rights of my neighbor end and mine begin?"
I agree with that one.
A citizen has a choice of whether to be disarmed -- by entering the property -- or not.
I wonder if a restaurant can block police, EMT or any other type of person into their establishment. If they can block a person execising their constitutional RIGHT to enter their establishment, what prevents them, or any other business from blocking anybody else the business deems marginal?
I think it is more a question of private property owners rather than business owners.
The real question is: where do the rights of private citizens end, and the rights of private property owners begin?
Clearly, the rights of private property owners trump those of private citizens when the citizens is on the private property, even if invited.
For example; if you invite someone into your home, does the invitee have full First Amendment rights? Can he spout off during the meal, and you just have to sit there and take it? Not in my home, nor would I expect in your home.
No such right exists.
Nobody has a right to enter another's private property, even if it's a business. The business owner should have complete control over who may or may not enter. Of course, legislation has infringed on that authority over the years. (CRA, ADA, etc.)
A LEO has the power to enter private property over the owner's objections, under specific circumstances, because of limited and specific authority granted him by law, but not because he has the right to.
“No such right exists.”
Not the right to enter the business, the right to keep and bear arms.
Put another way: Does any business have the ability to deny me my constitutional, God given right?
And that right does not trump private property rights any more than the right to free speech or to peaceably assemble does.
Do you think a Bible study group has the right to hold its meeting in the entryway of Wal-Mart? ...or that a couple of Jehovah's Witnesses have the right to preach in McDonalds?
Private property rights trump the others, IMO. The reason for this is that you have the choice, as a gun owner, whether or not to enter that property and be disarmed, or have your free speech limited, etc..
If you don't want to give up your gun, don't go there.
Restaurants that have alcohol permits often fall under different rules than restaurants that do not.
Then as a business owner, I can put up a sign that says police or EMT will not be served because they scare my cat.
We fought for this since 1996 and the NRA never supported it until last year. I sat in committee meetings to give testimony and had to bear watching the NRA rep refusing to support the repeal more times than I care to remember.
ALL of the credit for this achievement goes to VCDL who fought every step of the way for this.
The business has the right to establish conditions upon which you may enter its property. If a business owner chooses to prohibit weapons on its premises, that is within his/her rights. I typically interprest such business owners as having an intense desire that I transact with other business owners, and honor their wishes.
You can put up any sign you want to. If you put a sign up like the one you described, you had better hope you don't get robbed or have a heart attack at your place of business; the response time might not be so great.
I'd have no problem with that, personally.
Of course, the courts have also ruled that these public officials have no duty to help you when you need it either. :-)
So, property rights supercede constitutional rights?
Property rights ARE constitutional rights. You cannot exercise some constitutional right by trespassing on someone else’s private property.
Your right to keep and bear arms extends as far as you have the right to be wherever you are keeping and bearing arms. If your permission to enter my property is contingent upon your leaving your firearm locked in your vehicle or checked at the door or whatever, you have the right to comply and enter my property legally, or you have the right to go somewhere else. But you don’t have the right to enter my property in violation of whatever conditions I may choose to place upon such entry.
Your right to peaceably assemble with others also extends to your rights to be where you choose to assemble. You can assemble on public property, or on private property where the owner has granted permission to assemble. But if you decide to assemble with a bunch of like-minded friends on a location where the property owner has denied permission to enter, then you are trespassing on private property - your constitutional right to peaceable assembly notwithstanding.
I agree. I have a concealed carry permit, and generally go about my daily business armed; at least every place that I can legally do so.
When I see a place of business that is "posted" for no firearms, I usually will try to talk to them about it. I secure my weapon in a lockbox in the trunk, go inside, and ask to speak to the manager. I politely explain why I will never do business with them. Often I will hear that it is a straight business decision: they think they will attract more business by "posting" than they will drive away.
I personally am just fine with this. It seems like a reasonable balancing of rights to me.
Thanks... If I enter an establishment with the sign forbidding CCW.. they’d never know it.
Exactly. I don’t recall the NRA tirelessly petitioning over the past several years through the last two governors to get this passed. VCDL has been there every step of the way making sure this gets through all the procedural hurdles and naming names along the way.
Open up a restaurant but don’t invite the public.
You're going to have to understand the NRA was able to pass this. Politicians count the number of phone calls and letters they get and that's what convinces them to vote one way or another. As good as the VCDL might be, they don't have the numbers or for that matter, the dollars.
How much money did the VCDL spend on lobbying?
VCDL did all of the leg work. NRA sent out only a few letters. For the past 14 years, the NRA lobbiest in Richmond spoke out AGAINST repeal of the ban. Now, it passes and NRA hogs the credit where it is NOT appropriate.
As many here know, I have some issues with VCDL but I will give credit where credit is due. VCDL is why this law passed. That the NRA is playing this as their effort and win is disgusting and out of line.
What was the amount the NRA paid for lobbying and what was the amount the VCDL paid?
I thought you guys didn’t like the NRA sending out letters? What do you call “a few”?
Chances are, the bill wouldn’t have passed without the support of the 800 pound gorilla?
Yeah, well that's the kind of thing a business owner should think about. But it should be his decision, not the govt's.
It would have passed 10 years ago except NRA WOULD NOT support it. They consistantly derailed all of the efforts to repeal it. Sorry, the NRA was wrong on this from beginning to end.
It would never had passed ten years ago. Ten years ago, we were still fighting for basic CCW laws and you know it.
So answer the questions. How much effort did your group spend on lobbying as opposed to the NRA?
That said, I am an NRA Life Member since I was 16 (I am 53 now), and I do support them on national issues, but they bear little to no credit for repealing this ban. It is something the VCDL has been hammering away on since it was implemented as a carrot to get "Shall Issue" legislation passed back in 1995, they/we deserve the credit.
Probably true. BUT, if you carry a concealed handgun into an establishment that has a legally valid posted notice that concealed weapons are not allowed there, and you inadvertently expose your weapon so that it is noticed, and you are confronted/challenged by a law enforcement officer, then you will probably be charged with a class 2 misdemeanor of criminal trespass -- which in most states can result in the revocation of your CCW license.
In Virginia, shall issue and the ban passed in 1995. I started lobbying and fighting in 1996. In that time, I gave testimony before the militia and police committee along with about 20 VCDL members (at the time I was not a member and was only a member of VCDL for about 2 years) at every hearing that came up. Out of those times, the NRA had one representative there who spoke against the repeal. Never, did he once speak out favoring our rights. I stopped lobbying Richmond when I left the state in 2006.
As to what VCDL spent, I don’t know. Ask VCDL. While your at it, as the NRA why they were against the ban repeal. Ask them how much they lobbied Mims in order to kill the repeal. Ask them how much they spent to restrict our rights in Virginia.
I don’t know why you have a problem and I really don’t care. I get sick of NRA apologists who won’t see what the NRA is really doing. Did you know the NRA tried at least 3 times to derail the Heller case? Did you know that the NRA lobbied Congress in support of “some” of the restrictive 1968 gun control act? Did you know the NRA threw machine guns under the bus in the 1986 Firearm Owners Protection Act? Did you know the NRA actively supported the Lautenberg Amendment that restricts your right to own a gun WITHOUT due process?
So before you hammer VCDL and the volunteers that did the work that the NRA is falsely taking credit for, step back and take a good hard look at what the NRA has really done for you. We are going to be fighting for years undoing the damage they have caused.
I don’t know where you were 10 years ago to state we were still fighting for basic CCW, I doubt you put even a 10th of the effort into the gun rights fight that I have, but that doesn’t matter. Shall issue passed in 1995. 15 years ago. 15 years ago, the NRA refused to support even THAT. I’ve been fighting for all of our gun rights for 20 years. I’ve written white papers to congress on the national security effects of gun control. I’ve marched in DC, Richmond and other places, I’ve lobbied Congress and several states legislatures on my own dime and time, I’ve organized mailing blitzes, I’ve confronted anti-gun politicians at every turn, I’ve been spit on, assaulted, cussed out, called very offensive names, and I’ve had my life threatened.
During all of this, the NRA did absolutely nothing except to stand on it’s own pomp and circumstance. We asked the NRA for help fighting the BATFE in several cases including the Olofson case out of Wisconson. The NRA refused to help an innocent man who had a malfuctioning firearm. We asked the NRA for help in fighting for Mr. John Glover when BATFE went after him because of a malfunctioning firearm. The NRA refused. Guess who stepped up to the plate? JPFO. Where was the NRA? Sending out membership renewal letters with “the gun ban is just around the corner” BS.
I’m working with Dick Heller on the Heller II case right now. The NRA tried taking that case over and we wouldn’t let them. Mr. Halbrooke is participating in the case on behalf of the NRA but the NRA still pushes to gain control of it. We’ve seen what they want to do and if they suceed, we will lose the case. I’m sure that they will take credit for this win just like they did in the original Heller case in which THEY HAD NO PART OF.
So please, tell me what the NRA has actually done for gun owners? I haven’t seen anything from them except stumbling blocks.
You still didn’t answer the question. How much did the VCDL spend and how much did the NRA spend in passing this bill?
The NRA didn’t try to stop Heller. They tried to stop Parker which we would have lost at the time.
The NRA didn’t lobby Congress for the 1968 gun law. They were not a lobbying group until the early 1974. There were threatened with the loss of their tax status if they lobbyied.
Your last complaint is the NRA DIDN’T get involved. Make up your mind.
The anti-gun politicians hate the NRA for stopping gun control. I’m sure they don’t even know the name of any other group.