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Wednesday, March 17, 2010

Police Chiefs Urge McDonnell to Veto Restaurant Ban Repeal

The Virginia Pilot reported today (http://hamptonroads.com/node/546409) that the Virginia Association of Chiefs of Police have asked Governor McDonnell to veto SB334, Senator Hanger's bill to repeal the ban on carrying concealed in restaurant like Applebees and Olive Garden that serve alcohol in addition to food.

Governor McDonnell's Office reaffirmed that the Governor will stand with law-abiding gun owners and sign the bill.

The head of the association raised the specter of out of controlled bar fights ending in gun fire. This brings back memories of the dire predictions of those opposed to concealed carry reform 15 years ago, who said "Blood would run in the streets" if shall issue concealed carry passed.

Over 30 states currently allow concealed carry permit holders to carry in restaurants like Applebees and Olive Garden with few if any incidents of violence materializing.

The chiefs association was one of the major opponents of the bills that we're vetoed by Tim Kaine the last two years. The Pilot reported the association was stretched too thin trying to preserve funding for police departments to lobby hard against the bill this year.

Hat tip to VA-Alert.

Thursday, March 11, 2010

CQ Politics Changes Boucher Race From Safe Democratic To Likely Democratic

CQ Politics ran a front page article this morning on the 9th Congressional District seat currently held by Rick Boucher (D). Until today, CQ Politics had rated the race as a Safe Democratic seat but with all of the attention House of Delegates Majority Leader Morgan Griffith has received in the last couple of weeks after announcing he would challenge Boucher, and the fact that he has been listed in the National Republican Congressional Committee's (NRCC) "Young Guns," the race has been changed to "Likely Democratic" meaning the publication views it as somewhat more competitive.

Boucher has continued to win in a district that gave John McCain 59% of the vote and Bob McDonnell 66% of the vote mainly because he is known to do some of the best constituent work of anyone in congress.

Griffith even conceded that for most of Boucher’s tenure in office he has consistently represented the views of his constituents. But he said that has changed since Democrats gained control of both ends of Pennsylvania Avenue.

“In the past, while he may have not voted 100 percent with the way the district would want, he has pretty much voted most of the time with the way the district would want. But I think in the past two years he has just clearly not done so,” Griffith said.

Add to that the fact that the day after Griffith announced, Boucher received an unusually early endorsement from the NRA (which was likely to endorse him anyway as he has consistently supported the rights of gun owners) and it would appear that Republicans would once again have a difficult time unseating this 14-year incumbent.

But the NRCC and Griffith believe this year could be different.

“Overall, the beliefs of the 9th district are definitely conservative, and Mr. Boucher has done an interesting job of portraying himself as representing those conservative values,” 9th district GOP Chairwoman Michelle Jenkins said. “But when you look at his voting record, you see that he does not reflect the conservative values that we do have here.”

Griffith and other Republicans have frequently criticized Boucher’s vote last spring in favor of cap-and-trade legislation. Republicans have said the measure, which has since stalled, would harm the district’s coal industry.

Boucher responds that by being part of the process he was able to neuter the "Cap and Trade" bill to blunt the impact on the region's coal industry. Expect Griffith to dig deep into that deal to see if it protects the workers of the district as Boucher claims.

Griffith still faces an up hill battle with Boucher sitting on a $1.7 million war chest. Griffith will not start raising money until the end of the General Assembly session which is scheduled to end on Saturday. Griffith is abiding by a law that forbids legislators from raising money for state races during the General Assembly. That law does not apply to federal campaigns but he is abiding by it.

As mentioned in the previous post about this race, the wild card this year is, unlike previous challengers to Boucher, Griffith has a voting record, including an "A+" rating from the NRA. As this campaign progresses, it will be interesting to see if Griffith can raise the money necessary to make it a truly competitive race.

Wednesday, March 10, 2010

Women and Concealed Carry Part II

This is the second segment of the WRIC Channel 8 story on women and concealed carry. I had problems getting both video segments in one post. And Part II:



Hat tip to VA-Alert

Women and Concealed Carry

ABC affiliate WRIC Channel 8 ran a couple of stories on the increasing numbers of women in the Richmond area that have applied for and received concealed carry permits. Part 1 is below.


Hat tip to VA-Alert

Monday, March 8, 2010

N.Y. Times and Open Carry

Most gun owners know that the New York Times is no friend. So imagine my surprised when I found this article while reading Snowflakes in Hell. It is one more article that has focused on open carry since the Starbucks issue first surfaced last week.

I agree with Sebastian that it is a pretty balanced article. And, you have to hand it to Alan Gotlieb for saying what many in the Second Amendment community probably are thinking but would probably not say publicly:

“I’m all for open-carry laws,” said Alan Gottlieb, founder of the Second Amendment Foundation, a gun rights advocacy organization in Washington State. “But I don’t think flaunting it is very productive for our cause. It just scares people.”


If done properly, open carry offers gun owners the opportunity to educate the general public on why we carry firearms whether openly or concealed. But, the fact is, many people are shocked to see a firearm holstered to the side of the average person. And many in Northern Virginia are more likely to react in this manner than say someone in Roanoke or Emporia, Virginia. The Times led the story with this reminder of something that Charlton Heston said when referring to the need for concealed carry:

... In defending it, Charlton Heston, the actor and former president of the National Rifle Association, used to say that the flock is safer when the wolves cannot tell the difference between the lions and the lambs.

Second Amendment advocates may want to consider Mr. Heston's words when deciding whether to carry concealed or openly. Now that the ban on carrying concealed in restaurants that serve alcohol is about to be repealed (effective July 1,2010) one major impediment to carrying concealed will be removed.

Hat tip to Snowflakes in Hell.

Thursday, March 4, 2010

Senate Courts Special Subcommittee Action Today

The Senate Courts Special Subcommittee reported five bills to the full committee today and recommended to Pass By Indefinitely (PBI) the rest. Below is the action taken on each bill.

H.B. 49. PBI
Purchase of handguns; repeal one-gun-a-month limitation. Repeals the prohibition against purchasing more than one handgun in a 30-day period.

H.B. 52 PBI
Failure to carry concealed handgun permit. Provides that failure to produce, upon demand of a law-enforcement officer, a concealed handgun permit and a government-issued photo identification while carrying a concealed handgun is punishable by a $25 civil penalty. A court may waive this penalty if the person presents a valid concealed handgun permit and government-issued photo identification to the court. The bill also introduces an affirmative defense, of having a valid concealed handgun permit, to a charge of violating the concealed weapons statute.

H.B. 69 PBI
Firearms, firearms accessories, and ammunition manufactured and retained in Virginia. Declares that firearms, firearm accessories, and ammunition that are manufactured commercially or privately in Virginia, and that remain within the borders of Virginia, shall not be subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce. This bill incorporates HB 886.

H.B. 79. PBI
Concealed handgun permits; access to applications and permittee information. Prohibits a clerk of court from providing public access to concealed handgun permit applications and information regarding identifiable permittees without the written consent of the applicant or permittee. The applications and information would be available to law-enforcement agencies, and the clerk of court would be authorized to release aggregate information that does not identify individual applicants or permittees.

H.B. 108 PBI
Disposition of firearms. Provides that no locality may participate in any program in which individuals are given a thing of value in exchange for surrendering a firearm to the locality unless the governing body of the locality has enacted an ordinance authorizing the participation of the locality. The ordinance shall require that such firearms shall be sold by public auction or sealed bids to a person licensed as a dealer.

H.B. 109 Reported to full Committee
Certain firearms taxes; destruction of records. Repeals local authority to impose a license tax of not more than $25 on persons engaged in the business of selling pistols and revolvers. Also, a recordkeeping requirement for such persons is deleted and the clerk of the circuit court shall destroy any such existing records.

H.B. 171 PBI
Firearms in locked vehicles; immunity from liability. Provides that no person, property owner, tenant, employer, or business owner may prohibit a person who lawfully possesses a firearm from storing that firearm in a locked motor vehicle. The bill provides civil immunity for such persons, property owners, tenants, employers, or business owners. The provisions of the bill would not apply to possession of firearms on property on which a person is prohibited from possessing a firearm; (ii) vehicles on property (a) to which access is restricted or limited through the use of a gate; or (b) upon which a building occupied by a single employer and its affiliated entities is located and in which access to the building is restricted or limited by card access; (iii) vehicles owned or leased by an employer or business entity and used by an employee in the course of his employment; (iv) personal vehicles while such vehicles are being used for the transport of consumers of programs licensed by the Department of Behavioral Health and Developmental Services; or (v) vehicles on property controlled by an employer required to develop and implement a security plan under federal law or regulation.

H.B. 236 PBI
Shooting firearms in certain areas. Makes a locality no longer able to prohibit hunting generally within a half-mile radius of a subdivision, but a locality would still be able to prohibit hunting within a subdivision.

H.B. 490 PBI
Development of plan for the issuance of a lifetime concealed handgun permit. Directs the Department of State Police, in cooperation with the Secretary of Public Safety, to develop a plan to allow for the State Police to issue lifetime concealed handgun permits to Virginia residents. The Department and the Secretary shall submit the plan, and any recommended legislative changes to implement the plan, to the Chairmen of the House Committee on Militia, Police, and Public Safety and the Senate Committee for Courts of Justice by October 15, 2010.

H.B. 505 Reported as amended
Concealed handguns; restaurants. Prohibits a person, other than a federal, state, or local law-enforcement officer or a qualified retired law-enforcement officer, who carries a concealed handgun onto the premises of a restaurant or club from consuming an alcoholic beverage while on the premises.

H.B. 885 Reported as amended
Possession of concealed weapons. Creates a new exemption to the general prohibition against carrying concealed weapons by allowing a person who may lawfully possess a firearm to carry a handgun in a private motor vehicle or boat if the handgun is secured in a container or compartment.

H.B. 1070 PBI
Carrying of concealed handguns in emergency shelters. Provides that a person who has a valid concealed handgun permit may not be barred from carrying a concealed handgun in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons.

H.B. 1092 Reported
Carrying concealed handguns; retired law-enforcement officers. States that a retired law-enforcement officer who receives proof of consultation and favorable review to carry a concealed handgun without a concealed handgun permit is authorized to carry a concealed handgun in the same manner as a law-enforcement officer authorized to carry a concealed handgun.

H.B. 1191 Reported
Issuance of concealed handgun permits; clerk of court. 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. The bill further provides that the court clerk is immune from suit arising from any acts or omissions relating to the issuance of concealed handgun permits without judicial review unless the clerk was grossly negligent or engaged in willful misconduct. This bill is not to be construed to limit, withdraw, or overturn any defense or immunity already existing in statutory or common law, or to affect any cause of action accruing prior to July 1, 2010

Tuesday, March 2, 2010

Restaurant Ban Repeal Passes House

We are just the Governor's signature away from celebrating a victory 14 years in the making. Today, the House of Delegates approved by a wide margin Senator Hanger's SB334. The bill repeals the ban on carrying concealed in restaurants that serve alcohol like Applebees and Olive Garden.

Also passing today was SB408, Senator Vogels bill that allows non-concealed handgun permit (CHP) holders to store their firearm in a locked container in an automobile or boat.

Also passing today was SB 3, Senator Smith's bill allowing for renewal of CHPs by mail.

Governor McDonnell is expected to sign all three, which could occur prior to the end of the General Assembly session. The bills will all become effective on July 1.

Scotus Blog: "2d Amendment Extension Likely"

That's the analysis of Lyle Denniston at ScotusBlog earlier today.

The dominant sentiment on the Court was to extend the Amendment beyond the federal level, based on the 14th Amendment’s guarantee of “due process,” since doing so through another part of the 14th Amendment would raise too many questions about what other rights might emerge.

According the Denniston, when the Justices discuss later this week where to go from here, the focus of debate will be how extensive a “right to keep and bear arms” should be spelled out:

... would it be only some “core right” to have a gun for personal safety, or would it include every variation of that right that could emerge in the future as courts decide specific cases? The liberal wing of the Court appeared to be making a determined effort to hold the expanded Amendment in check, but even the conservatives open to applying the Second Amendment to states, counties and cities seemed ready to concede some — but perhaps fewer — limitations.

You can read the full analysis here. The Court's decision is likely to come in the closing days of this year's term in mid to late June.

UPDATE: More on the arguments here.

McDonald vs. Chicago at Supreme Court Today

Oral arguments are behing heard in the McDonald vs. Chicago gun ban case today at 11:00AM. VSSA joined our sister state associations in filing an amicus brief supporting McDonald last fall. You can get live updates at Noon and 3:00PM at NRANews.com.

The Wall Street Journal had this report earlier today.

Starbucks in Crosshairs of Gun Control Lobby

Do a Google search for "Starbucks and Gun Control" you will find dozens of newspapers that have picked up this AP article on people exercising their right to bear arms in local Starbucks, and the coffee company actually letting them.

Dale Welch recently walked into a Starbucks in Virginia, handgun strapped to his waist, and ordered a banana Frappuccino with a cinnamon bun. He says the firearm drew a double-take from at least one customer, but not a peep from the baristas.

Welch's foray into the coffeehouse was part of an effort by some gun owners to exercise and advertise their rights in states that allow people to openly carry firearms.

Even in some "open carry" states, businesses are allowed to ban guns in their stores. And some have, creating political confrontations with gun owners. But Starbucks, the largest chain targeted, has refused to take the bait, saying in a statement this month that it follows state and local laws and has its own safety measures in its stores.

I don't usually go to Starbucks, mainly because I can buy coffee cheaper at another merchant the same distance from my office as the nearest Starbucks. But, I give them kudos for following state and local laws in setting policy related to the legal carrying of firearms.

Monday, March 1, 2010

Senate Courts Setting Up Subcommittee to Kill Pro-gun House Bills

The General Assembly is winding down and there are a number of pro-rights House bills still to be heard in Senate Courts of Justice. Among them are repeal of handgun rationing (one gun-a-month), and the Castle Doctrine. But this morning, anti-rights Richmond Senator and Chairman of the Senate Courts of Justice Committee, Senator Henry Marsh (D-16) announced the creation of a new “Sub-Committee” which will hear all the firearm related bills passed by the House of Delegates. This "Sub-committee" is stacked with anti-rights Democrats and a sometime pro-rights Republican, and would become a "killing field" for a number of pro-rights bills that have already garnered strong bi-partisan support in the House.

Northern Virginia anti-rights Senator "Toddy" Puller (D-36) will Chair this new special Sub-Committee and will be joined by her fellow rabid anti-gun colleagues; Senator Marsh (D-16), Senator Lucas (D-18) and Senator Howell (D-32). The sole Republican member of the Sub-Committee will be Senator Quayle (R-13).

As of this morning, no date or time has been set to for the special Sub-Committee to meet but VSSA will notify you as soon as to the time and date.

Listed below are the bills which the special Senate Sub-Committee will likely hear:

HB26, authored by Delegate Thomas Wright (R-61), would prohibit the Clerk of the Court from requiring an applicant for a concealed handgun permit to provide any documentation or information not authorized by the law or prescribed by Virginia State Police.

HB49 sponsored by Delegate Scott Lingamfelter, repeals one-gun-a-month.

HB52, sponsored by Delegate Mark Cole (R-88), would allow a court to waive a $25 dollar fine upon presentation of the permit to the court, if a person fails to display his concealed carry permit when requested by a law-enforcement officer.

HB79, sponsored by Delegate R. Lee Ware (R-65), prohibits the Clerk of Court from publicly disclosing concealed handgun permit application information unless the permittee has provided written consent for the release of the application or information. The information would still be available to law-enforcement acting in the performance of their duties.

HB108, also introduced by Delegate Cole (R-88), would prohibit agents of localities or localities themselves from participating in compensated confiscation (“gun buy-backs”) schemes unless the governing body of such a locality authorizes such a program. The locality would then have the option of selling the firearms by auction to a federally licensed dealer (FFL) or disposing of the firearm in any other appropriate manner.

HB109, also sponsored by Delegate Mark Cole (R-88), would repeal 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.

HB171, authored by Delegate Brenda Pogge (R-96), would prohibit property owners, employers, or a business entity from establishing or enforcing any policy prohibiting a person who may lawfully possess a firearm from storing a firearm in a locked motor vehicle in a publicly accessible parking lot.

HB236, sponsored by Delegate Bill Janis (R-56), would remove the prohibition imposed by localities on hunting within a half-mile of subdivisions.

HB854, sponsored by Delegate Will Morefield (R-3), would provide immunity from civil prosecution if someone uses force, including deadly force, to defend themselves and their loved ones if attacked in their home by someone who has entered unlawfully (Castle Doctrine).

HB870, sponsored by Delegate Benjamin Cline (R-24), would repeal the language that allows localities to fingerprint applicants for a concealed handgun permit (the Senate has already killed its version of this legislation).

HB885, sponsored by Delegate Cliff Athey (R-18), would allow any person who may lawfully posses a firearm and is carrying a handgun while in a personal, private vehicle or vessel to keep the firearm secured in a container or compartment in the vehicle or vessel (the Senate has already passed Senator Vogel's version of this bill and it is about to be approved in the House and headed to the Governor's desk).

HB1092, sponsored by Delegate Anne B. Crockett-Stark (R-6), would give retired law-enforcement the ability to carry a concealed handgun without a permit.

HB1191, introduced by Delegate H. Morgan Griffith (R-8), would allow 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.

HB490, sponsored by Delegate Scott Lingamfelter (R-31), would direct the Department of State Police, in cooperation with the Secretary of Public Safety, to develop a plan to allow the State Police to issue lifetime concealed handgun permits to Virginia residents. The Department and the Secretary shall submit the plan, and any recommended legislative changes to implement the plan, to the Chairmen of the House Committee on Militia, Police, and Public Safety and the Senate Committee for Courts of Justice by October 15, 2010.

HB1070, sponsored by Delegate Clay Athey (R-18), would provide that a person who has a valid concealed handgun permit may not be barred from carrying a concealed handgun in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons.

UPDATE: Here is the link to the new "Special" subcommittee which includes a list of all the bills assigned to it. It is scheduled to meet Thursday afternoon at 2:00 PM.

Morgan Griffith to Challenge Rick Boucher in VA 9th

Roanoke NBC affiliate WDBJ and others are reporting that House of Delegates Majority Leader Morgan Griffith plans to challenge Congressman Rick Boucher for his 9th District seat in Congress. The day after the announcment came out, the NRA endorsed Boucher for re-election. The endorsement was not unexpected given that Boucher is an incumbant, though the timing indicates Boucher likely believes that Griffith will give the sitting congressman a run for his money.

The 9th District has elected Democrat Boucher for the last 28 years while at the same time giving its votes to Republicans Ronald Reagan, George H.W. Bush, Bob Dole, George W. Bush, and John McCain. While Boucher is a reliable vote for the pro-2nd Amendment community, his challengers have always pointed out that he votes against his constituients' views on other issues. It is believed that the NRA Endorsement has made the difference in this very pro-gun district.

But what Boucher's previous challengers have not had that Griffith does, is a voting record. And Griffith's voting record in the House of Delegates is spotless. He has been the go-to-guy on the Militia, Police, and Public Safety Committee to shepherd legislation through subcommittee and the full committee. What Griffith brings to this race is the ability to match Boucher head-to-head on the firearm rights issue - thus allowing voters worried about their gun rights to look at other issues important to them knowing their 2nd Amendment Rights are safe with either candidate.

Boucher has a full war chest and Griffith cannot begin raising money until the end of the General Assembly. However, this will be a very interesting race to watch.