Va-alert: Restaurant Ban Repeal Passes Senate!!!

[W.E.G.]

VA-ALERT: RESTAURANT BAN REPEAL PASSES SENATE!!!



-----Original Message-----
From: Philip Van Cleave
Sent: Tuesday, February 12, 2008 2:04 PM

Subject: VA-ALERT: RESTAURANT BAN REPEAL PASSES SENATE!!!


Big win for gun owners!

The Senate voted today, 24 to 15, to pass SB 476, Senator Hanger's
restaurant ban repeal!

Special thanks to Senator Hanger and Cuccinelli!

(In the next alert I will indicate which Senators voted pro-gun and
which didn't.)

Anti-gun Senator McEachin had an amendment that would have required
that you identify yourself to the restaurant as a CHP holder and then
wear some kind of insignia so that the staff wouldn't serve you
alcohol!!! So Senator McEachin thinks permit holders should wear a
"scarlet letter," as if we are criminals or should be ashamed of
ourselves.

The only person I am ashamed of is Senator McEachin.

Senator Hanger offered a substitute amendment that would require the
permit holder to let a restaurant staff member know that you are
carrying, but that is all. He offered that amendment to make sure he
had enough votes to get the bill passed. And the bill did, with that
amendment.

VCDL is not thrilled with that amendment, obviously. Imagine telling
an 18 year old waitress, "Hi! I have a gun!" We will be looking at
options to improve the bill in the House and have some new wording
already.

Saslaw lied by saying that anyone who dared to carry openly in a NoVA
restaurant would be kicked out. His implication was that no one was
open carrying in restaurants now and that no one could say that gun
owners were carrying around alcohol currently.

Ha! - Senator Saslaw has no idea just how clueless he actually is.
Fifty or more VCDL members meet once a month at a NoVA restaurant, all
carrying openly and without being kicked out, ever. Open carry in
NoVA restaurants happens day in and day out, as it does across the
state.

Saslaw then tried to kill the bill by sending it to a committee at the
last minute.

Cuccinelli spoke against Saslaw's attempt to kill the bill.

The attempt to refer the bill was defeated by 23 to 16.

Senator McEachin then pleaded to have the bill voted down, indicating
his contempt and distrust of permit holders.

He failed. We didn't.

--

HB 436, Delegate Jackson Miller, allows police officers to arrest on a
class 1 or class 2 misdemeanor AT WILL has passed the House and is on
its way to the Senate. Not an anti-gun bill, but one that can have
negative effects for gun owners, and opposed by VCDL accordingly.

--

The following bills are DEAD due to not being heard by a committee or
by being deferred:

PRO-GUN bills: :-(

HB 109, Delegate Cole, state agency preemption

HB 210, Delegate Cole, allows private K-12 schools and child day
centers to hire armed security officers

HB 212, Delegate Cole, repeals a law that allows localities to keep a
record of handguns

HB 424, Delegate Marshall, allows full time faculty at universities
and colleges with a CHP to carry

HB 1088, Delegate Sickles, protects social security numbers in hunting
and fishing licenses

HB 1292, Delegate Athey, allows loaded firearms in locked containers
in vehicles and boats (Senate version is still alive)

HB 1371, Delegate Gilbert, college carry

HB 1544, Delegate Gilbert, restaurant ban repeal (Senate equivalent is
still alive)

SB 332, Senator Cuccinelli, protects CHP list (still alive in a House
bill)

--

ANTI-GUN bills: ;-)

HB 281, Delegate Toscano, would have prevented someone with a
protective order from having a gun in their own home

HB 435, Delegate Jackson Miller, would have required a person to ID to
a police officer (not really anti-gun, but opposed because of likely
negative effect on gun owners)

HB 588, Delegate Marsden, puts air guns under concealed weapons law

HB 608, Delgate Eisenberg, would have prevented someone with a
protective order from having a gun in their own home

HB 1055, Delegate Jim Scott, would prohibit firearms possession,
purchase or transport for someone who has had their parental rights
terminated

HB 814, Delegate Ward, requires questions to be asked about gun
ownership for protective orders

-------------------------------------------
***************************************************************************
VA-ALERT is a project of the Virginia Citizens Defense League, Inc.
(VCDL). VCDL is an all-volunteer, non-partisan grassroots organization
dedicated to defending the human rights of all Virginians. The Right to
Keep and Bear Arms is a fundamental human right.

VCDL web page: http://www.vcdl.org
***************************************************************************

 

[MarkoPo]

I don't understand how that bill doesn't contradict the CCW law. I thought if you were carrying conceled that's how it is supposed to remain. If you tell someone you have a gun you might as well wear it open so everyone can see it. I could just see someone getting charged with brandishing for saying they have gun, or some waitress taking it as a threat and calling the police. I think you would be better off saying nothing. Chances are no one will know you are carrying anyways. If you have to use your gun to save the day, hopefully they will overlook the fact you forgot to mention you are carrying.

 

[cool hand luke 22:36]

I don't understand how that bill doesn't contradict the CCW law. I thought if you were carrying conceled that's how it is supposed to remain. If you tell someone you have a gun you might as well wear it open so everyone can see it. I could just see someone getting charged with brandishing for saying they have gun, or some waitress taking it as a threat and calling the police.

Open carry is legal in VA in all but a few places. There is no legal requirement for a CCW permit holder to keep thier handgun concealed. One can switch from concealed to open carry at will.

I don't think that merely stating that one is carrying would constitute brandishing a firearm under VA law. There's no intent to convey a threat, nor would a reasonable person construe such a statement as a threat under the circumstances defined by the Bill, and brandishing also requires the physical display of a firearm under the VA Criminal Code Sec. 18.2-232.

 

[MarkoPo]

Ok I didn't know VA law. In Michigan you are not allowed to open carry. Except in a car, which makes no sense. If you don't have a CCW you have to keep your gun locked securely in a trunk or away from access of the passengers ofthe vehicle.

 

[Perldog007]

It would be a good thing to repeal the restaurant ban in the Old Dominion. Still those open carry revolt nights were interesting. When they went to FudRuckers in Annandale they got excellent service.....

 

[Musketeer]

I think it is perfectly appropriate to tell the restaurant you are armed. I'll just choose an appropriate time, like when I need to unconceal it to defend myself or family.

 

[Perldog007]

You run into a problem with some of the chain restaurants who have to do the "no weapons" thing to keep their insurance. If the manager sees you armed and does not toss you out they can lose their job if it gets reported.

Still on the occasions of the open carry revolts, never heard of the group asked to leave. BTW, I never attended one for my own reasons but understood the motives of those who did.

An open carry revolt occurs when a bunch of folks with ccw permits would meet at a restaurant in VA and go OC for dinner.

 

[rwilson452]

open carry in PA is legal without a LTCF ( license to carry a firearm) a LTCF is just for concealed carry. PA has a state exemption law. In truth there is no law against open carry, where the law is mute, there is no law. Carry in a car is considered concealed. the only exception to this is in cities of the first class. of which there is one. You guessed it. filthydelpha is the only city of the first class there you need a LTCF to do open carry. Thus if you have a license and your shirt rides up you no longer CC but OC so your good to go. In the summer I OC a lot. According to the law here in PA if you have a LTCF you would be able to carry a SBR or sawed off shotgun as long as you had payed the bat boys their king's pence. I have been thinking of going that way for a backup car gun. that is the SBR route. Even with a LTCF you can't carry a loaded long gun in your car. Ammo must be in a separate container the side pockets of my AR tactical bag count as a separate container.