Virginia Citizens Defense League, Inc. (VCDL)

Virginia Citizens Defense League, Inc.
PO. Box 513, Newington, VA 22122 • 804-639-0600 • 703-372-3285 • 757-271-3705 • 540-446-5783

03/20/08 - SB 776 and Kaine's attempt to dodge blame!

I have received a few emails from members who are confused about how SB 776 allows Commonwealth Attorneys to legally carry a concealed handgun into a restaurant and drink alcoholic beverages. Most of the confusion was caused because the member looked at 18.2-308 J3 and not at 18.2-308 B. Here is the analysis: 18.2-308 is Virginia's concealed weapons code section 18.2-308 A lists all the weapons that are considered concealed if carried "hidden from common" (this includes firearms, nun chucks, daggers, etc.) and makes such carriage illegal. 18.2-308 B lists all the people who are TOTALLY EXEMPT from the concealed weapons law, on-duty or off-duty, except from part J1 (below). Police are in this section and, now thanks to the Governor, = so are Commonwealth Attorneys 18.2-308 C lists all the people who are TOTALLY EXEMPT from the concealed weapons law ONLY WHILE ON DUTY. This includes mail carriers, the, er, Harbormaster of Hopewell (?!), and correctional officers. 18.2-308 D creates a concealed handgun permit, which allows citizens to carry a concealed handgun and not be charged with doing so. However, the permit holder is not exempt from any of the other provisions in the concealed weapons law, unlike the people in 18.2-308 = B and C (above) 18.2-308 J1 says a person can't be drunk while carrying a concealed handgun. This only applies to those listed in 18.2-308 B and 18.2-308 = D. Interesting to note that 18.2-308 C is not covered. Thus, the Harbormaster of Hopewell can actually be drunk and carry a concealed handgun as long as he is on duty (or going to or from such duty)! 18.2-308 J3 says a person can't carry a concealed handgun into a restaurant or club that serves alcoholic beverages. It does say that a sworn law enforcement officer can do so, but that is actually irrelevant since everyone listed in 18.2-308 B and C are exempt from the concealed weapons law, including J3! (For legal clarity it is common practice to state that such restrictions do not apply to sworn police officers, even when such restrictions clearly don't apply anyway.) -- We now have more details on last night's town hall meeting with Governor Kaine thanks to member and blogger, Curtis Stone. I have pointed you to Curtis's excellent blog site before. Curtis has = photos and audio of the meeting on his blog. As you will recall member Bruce Fiinkelstein asked Kaine to explain his actions in vetoing SB 476, while signing SB 776. Kaine, with a straight face, said that SB 776 wouldn't allow Commonwealth Attorneys to carry in restaurants and drink alcoholic beverages and brushed off Bruce at that point. In the audio you will hear member Allen McLean, like a knight in shining armor, following up and putting the Governor back on the hook! Allen points out to the Governor that SB 776 allows Commonwealth Attorneys to carry in restaurants and drink alcoholic beverages because they are listed in 18.2-308 B (see explanation above). Allen did a great job in holding the Governor's feet to the fire on this. The Governor, clearly agitated at this point, says the Attorney General's office assured him that Commonwealth Attorneys could not carry concealed in restaurants that serve alcohol and that he is not going to "debate the wording of the law." I don't believe that the Attorney General's office said any such thing. I'll bet the Attorney General wasn't even asked the question. = It's easy enough to find out. I think the Governor is trying to divert the blame elsewhere and not take responsibility for his own actions. He doesn't want to admit that his veto of SB 476 is indefensible! We need members to continue to attend the various town hall meetings and keep the pressure up on Kaine. If you do so, try to get audio or video so I can share it. Don't forget the various "Ask the Governor" call-ins that are held monthly. Here's a link to Curtis's blog: http://tinyurl.com/275p8w -- Speaking of keeping the pressure on Kaine, member Linda Layser had this **excellent** Letter to the Editor (LTE) published in the Staunton Newsleader yesterday (sorry, I don't have a link): Governor Kaine mixes Alcohol and Guns Governor Kaine has signed SB 776, a bill that allows off-duty Commonwealth attorneys and assistant attorneys to carry concealed handguns anywhere in Virginia without a permit. This means they need absolutely no training in the safe use of firearms. They can carry a concealed handgun into a restaurant that serves alcohol. They can drink alcohol while they are carrying a gun. Incredibly, showing his great disdain for law abiding citizens like you and me, just last week Kaine vetoed SB 476, which would have allowed concealed handgun permit holders, to carry a concealed handgun = in a restaurant as long as the permit holder did not drink and notified the restaurant owner. Current law requires a concealed handgun permit holder to be an adult, = to be trained in the safe use of firearms, to be fingerprinted, and to = pass a police background check. Governor Kaine's double standard is hard to hide. Clearly, Kaine does = not mind mixing alcohol and guns, and having people with absolutely no = training in the safe use of firearms, carrying concealed handguns into = restaurants as long they are his buddies in the privileged class. -- Theses issues and more will be discussed at the VCDL meeting in Annandale tonight (Thursday) at 8 PM. Try to make it if you can. ------------------------------------------- ***************************************************************************