Firearms and the Workplace

It seems there is no limit to the gun ban lobby's use of the courts to fight the right to self defense. A Denver Legal Blog details the gun ban crowd's latest legal strategy.

A Nashville server has come up with an interesting strategy to try to reign in the proliferation of guns in public places. The server has filed a complaint with the state alleging that the mixture of guns and bars creates an unsafe work environment. The server, who remains anonymous, works at Jackson's Bar and Bistro. The complaint alleges that it is a violation of Tennessee Occupational Safety and Health Administration regulations to allow permit holders to carry guns into places that serve alcohol, such as Jackson's.

For those unfamiliar with the Tennessee law, the state's legislature repealed the "restaurant ban" in 2009 after overriding the Governor's veto, only to see a A Nashville judge rule that the law allowing concealed carry only in establishments that primarily sold food in addition to alcohol was unconstitutionally vague. In response, the General Assembly passed a new law this year allowing permit holders to carry into any establishment that serves alcohol. The new law allows restaurant owners to post a sign prohibiting firearms.

The post goes on to suggest that Colorado University, should follow the the same strategy in fighting concealed carry on campus.

Militia and Police move Restaurant Ban Repeal to Full House

As I was writing my earlier post this morning, the House Militia, Police and Public Safety full
committee met and reported SB334 (repeal of the restaurant ban) , SB408 (storage of a firearm by a non CHP holder) and SB3, (renewal of CHPs by mail). These bills now head to the full House and if they pass unchanged from their current form (which they should since House versions of the bills have already passed), they will go to the Governor for his signature. Governor McDonnell is expected to sign all three bills.

Depending on when the bills land on his desk, they could be signed before the end of the Session in mid March. The bills will become effective on July 1.

Repeal of Restaurant Ban Nears Final Votes

Late yesterday afternoon, the House Militia, Police and Public Safety Subcommittee #1 recommended reporting SB334 (Senator Hanger's version of the "Restaurant Ban" repeal) and SB408 (Senator Vogel's bill allowing individuals that do not hold Concealed Handgun Permits -CHPs to carry firearms in locked containers in their car or boat) without amendments. This is important because that means, should they pass the full House in their current form, they will then head to the Governor for his signature. They first have to clear the full committee and that should happen next week.

Please call and email members of the Militia, Police, and Public Safety Committee and urge them to support SB334 and SB408.

On a related matter, Senate Courts of Justice will meet Monday morning, in addition to House versions of bills they have already passed before crossover, they still need to hear HB49, repeal of "One gun-a-month." The bill could come up on Monday's docket, or Wednesday (check back later today or Saturday for an update). It is important that you contact the following Senators now and politely urge them to support HB 49 when it comes up in committee:

Quayle, Norment, Edwards, Reynolds, Obenshain, McDougle, Deeds, Hurt, Petersen

Simply click on the name above to fine their contact information.

Repeal of Restaurant Ban Moves to Senate Floor

SB 1035 was reported out of Senate Courts yesterday on a vote of 9-6 with Senators Quayle and Deeds joining the other reliable pro-rights members of the committee in the affirmative vote. The bill will be on first reading today. I could receive a vote on Friday but it is likely all of the contested calendar will be passed by so they can get out of town. Please call the members of the commitee that supported your rights and thank them. Then, call your senator and urge them to vote yes on passage when it comes up Friday or Monday.

House Passes Self Defense Legislation

Today, the House of Delegates passed both SB 436 and SB 476. As I posted yesterday, SB 436 , sponsored by State Senator Jill Vogel (R-27),will allow law-abiding, non-concealed carry permit holders to store a handgun in a locked compartment or container in their personal vehicles or boats. SB 476, authored by State Senator Emmett Hanger (R-24), will allow restaurant owners to decide if they will allow Right-to-Carry permit holders to carry a firearm for self-defense in their restaurants.

SB 436 passed by a vote of 69 - 29. SB 476 passed 62 - 36. Both bills now move to the Governor office. There are several procedures that need to be completed before the Governor actually receives the bills. The President of the Senate and the Speaker of the House both have to sign the bills before they go to the Governor which could take several days. In the coming days, VSSA will ask you to contact the Governor and urge him to pass both bills. The Governor sent the State Police to oppose SB 476 so it is likely he may consider vetoing the bill. It did not pass the Senate by a veto proof margin so gun owners need to lobby hard for the bill to become law.

Pro-gun Bills Reported Out of Senate Courts of Justice Today

The Senate Courts of Justice Committee reported out two pro-gun bills today. SB 476 (Hanger) and SB436 (Vogel) were reported out of committee with bipartisan support. SB476 repeals the ban on carrying concealed handguns in restaurants that serve alcohol. SB 436 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 locked in a container or compartment.

SB 476 was reported by a 9-4 margin and SB 436 was reported by a 10-4 margin.

Supporting SB 476 were:
Senator Kenneth W. Stolle (R-8)(804) 698-7508 district08@sov.state.va.us
Senator Frederick M. Quayle (R-13)(804) 698-7513 district13@sov.state.va.us
Senator John S. Edwards (D-21)(804) 698-7521 district21@sov.state.va.us
Senator W. Roscoe Reynolds (D-20)(804) 698-7520 district20@sov.state.va.us
Senator Ken T. Cuccinelli (R-37)(804) 698-7537 district37@sov.state.va.us
Senator Mark D. Obenshain (R-26)(804) 698-7526 district26@sov.state.va.us
Senator R. Creigh Deeds (D-25)(804) 698-7525 district25@sov.state.va.us
Senator Robert Hurt (R-19)(804) 698-7519 district19@sov.state.va.us

Supporting SB 436 were:
Senator Kenneth W. Stolle (R-8) (804) 698-7508 district08@sov.state.va.us
Senator Frederick M. Quayle (R-13) (804) 698-7513 district13@sov.state.va.us
Senator Thomas K. Norment, Jr. (R-3) (804) 698-7503 district03@sov.state.va.us
Senator John S. Edwards (D-21) (804) 698-7521 district21@sov.state.va.us
Senator W. Roscoe Reynolds (D-20) (804) 698-7520 district20@sov.state.va.us
Senator Ken T. Cuccinelli (R-37) (804) 698-7537 district37@sov.state.va.us
Senator Mark D. Obenshain (R-26) (804) 698-7526 district26@sov.state.va.us
Senator R. Creigh Deeds (D-25) (804) 698-7525 district25@sov.state.va.us
Senator Robert Hurt (R-19) (804) 698-7519 district19@sov.state.va.us

Action needed: Contact your senator and strongly encourage them to protect your right to self-defense by supporting and voting for SB476 and SB436. Also, thank the senators on the committee that voted to support your Second Amendment and self defense rights. You can find your Senator's Richmond Office phone number here.