NY Times Article on SC Restaurant Carry

The article can be found here.  I have a suggestion for restaurants in South Carolina. Look to Virginia as a guide. With restaurant carry now for almost four years and there have been no problems. Few establishments have posted against the practice too.

On a related note, with the Virginia Hospitality Association had stayed neutral on the issue as their counterpart in South Carolina did. Might have passed sooner.

Toby Keith Restaurant Management Explains "No Guns" Policy in Virginia Location

Until this story hit the wires over the weekend, I didn't even know that singer, songwriter, Toby Keith had a restaurant chain.  As is probably the case in most of these type of arrangements, Keith's actual involvement with the chain varies by location.  His newest location opened recently in Woodbridge, Virginia, a growing town in the crowded Northern Virginia county of Prince William.  The restaurant has posted a "No Guns" sign at it's entrance, something Virginia businesses are allowed to do under the law.  Very few restaurants have taken this action since Virginia lifted the ban on carrying concealed firearms in restaurants that serve alcohol in addition to food.  Forbes reports that after a flood of comments on the restaurant's Facebook page, the management of the chain posted the following statement:

While we understand and respect every person’s right to own and bear arms, we at Toby Keith’s I Love This Bar and Grill, with guidance from the State of Virginia and based on insurance regulations, have adopted a no weapons policy. It is our desire to provided a safe, enjoyable and entertaining experience for our patrons and staff.

I can understand trying to pass off the policy on advice from the insurance company, but "guidance from the State of Virginia"?  Just what agency or individual did the restaurant speak with and who in state government is advising businesses to post no firearms signs?  I think that is the real story here.

Let me also address the comment about a "safe, enjoyable, and entertaining experience for our patrons and staff."  Please show me the evidence that after repeal of the "restaurant ban" that patrons of the thousands of restaurants in Virginia have not had "safe and enjoyable" dining experiences.  Also, please show me the evidence that law abiding gun owners have caused disturbances in restaurants since the ban was lifted.  And finally, please show me the evidence that criminals obey "no firearms" signs anywhere they decide to cause mayhem.

Times Dispatch: McEachin Misfires on Restaurant Carry

The Richmond Times Dispatch (RTD) had this editorial today where they don't mince words in telling Richmond State Senator Donald McEachin that he is wrong in saying the numbers related to a decrease in crimes committed in restaurants one year after restaurant carry became law "doesn't disprove anything."

The drop may be mere coincidence. But contrary to McEachin's doubts, it does indeed disprove something: It disproves the dire pronouncements of those who opposed the measure during the years it was being debated.

Not only does the editorial take McEachin to task, they also call out Virginia Beach Police Chief Jake Jacocks, Virginia Beach Mayor Will Sessoms, the Virginia Center for Public Safety, and Salon magazine for having made predictions of disaster if the restaurant ban was repealed.

This is not surprising. Time and again, the public has been warned that broadening the scope of gun rights will lead — automatically, as it were — to an increasing incidence of bloodshed. It happened when Florida passed its concealed-carry law, and when other states followed suit. It happened when the Supreme Court upheld an individual right to carry firearms, and again when the high court applied that ruling to cities beyond the District of Columbia. Time and time again, the prediction has been proven wrong.

The RTD editorial concludes that while the deterrence effect of allowing citizens more freedom on carrying firearms is a very hard thing to prove, one this is clear: More guns do not lead to more crime.

Virginia's experience with its concealed-carry law fits a long-running pattern. Unfortunately, most gun-control advocates probably will wave away any data that do not support their dubious hypothesis, just as McEachin has. That is a long-running pattern, too.

Gun Crimes Drop at Virginia Restaurants

As gun owners supporting repeal of the "Restaurant Ban" knew would be the case, one year after repeal, we now have proof that Virginia's restaurants that serve alcohol in addition to food did not turn into shooting galleries as the gun ban crowd predicted.  This news comes courtesy of an analysis by the Richmond Times-Dispatch.  In fact, crime at restaurants declined in the last year.

The number of major crimes involving firearms at bars and restaurants statewide declined 5.2 percent from July 1, 2010, to June 30, 2011, compared with the fiscal year before the law went into effect, according to crime data compiled by Virginia State Police at the newspaper's request.

But this is no surprise to law abiding gun owners.  The gun ban lobby predicted "blood in the streets" when "shall issue" concealed carry was passed in 1995 and of course that never materialized either.

Only two fatal shootings occurred during the last fiscal year — one outside a Petersburg nightclub and the other at a Radford restaurant — but neither involved concealed-gun permit holders. And only two of the 18 aggravated assaults reported could be linked definitively to concealed-carry holders.

But the naysayers apparently will never be persuaded.

State Sen. A. Donald McEachin, D-Henrico, who was a strong opponent of the law, said it's not clear what conclusions can be drawn from just a year's worth of data.

"Most folks obey the law, and that's a good thing," said McEachin, who remains staunchly opposed. "But I don't think it takes a rocket scientist to figure out that just like drinking and driving doesn't mix, guns and drinking don't mix."

Never mind the fact that those who carry concealed in restaurants cannot consume alcohol while carrying.  But don't let the facts get in the way of hyperbole.

Repeal of Restaurant Ban Earns Virginia "Craziest Gun Law" Rating From Gun Ban Group

The Virginian Pilot reports that Virginia received special note from the Brady Campaign yesterday. The reason? Because Virginia repealed the ban on carrying concealed in restaurants like Applebees and Olive Garden, establishments that serve alcohol in addition to food.

Report: Va. among states with 'craziest' gun laws | HamptonRoads.com | PilotOnline.com

Virginia received a Brady score of 16 out of 100, a score that Brady claims qualifies Virginia as a great place for "gun runners."

Using Brady's scoring system, I guess ATF's record with Operation Fast and Furious would earn a score of zero out of 100 and the distinction of the nation's top gun runner.

Kaine To Speak With Obama About Webb's Seat

It appears that Kaine has not completely made up his mind about running for the U.S. Senate, according to this piece in Roll Call Politics:

Democratic National Committee Chairman Tim Kaine expects to speak with President Barack Obama this week about entering the race to succeed Sen. Jim Webb (D-Va.), Kaine told the Richmond Times-Dispatch on Tuesday.

But Kaine told the newspaper Tuesday that he was “flattered” by the support he has received about running. He said further discussions are in order before he makes up his mind.

Stay tuned.  Gun owners would have clear choice between a Kaine/Allen match-up.  Kaine twice vetoed the repeal of the "Restaurant Ban."  George Allen signed concealed carry reform as governor and was a reliable vote for pro-rights bills as a member of the U.S. Senate.

Alexandria Woman Asks Post Food Critic to Add Gun Rating for Restaurants

You read that right. In Sunday's Washington Post, Tom Sietsema, the paper's food critic, shared some of his reader emails. Among them was this little gem:

"Now that the Commonwealth of Virginia permits unconcealed as well as concealed weapons in establishments serving alcohol, I find myself unwilling to patronize any establishment where guns may be present," writes Catherine Mitchell of Alexandria. "I am terrified by people carrying guns and would certainly not be able to enjoy a meal or cocktail in a restaurant where guns may be present." Her pitch: "I very much appreciate the 'noise level' ratings you now include in your reviews; I am requesting that you also include 'gun' warnings."

To Sietsema's credit, he saw no need for such an addition to his restaurant rating system since restaurant's already can post that firearms are not allowed. Although, if Ms. Mitchell is going to rely on this method, she may be eating a lot of meals at home. The Hospitality Association representative regularly told legislators that her members did not want to post signs as that would indicate a prospective patron was not welcome, in response to their telling her that all they simply had to do was post a no guns sign if they did not want them. I haven't frequented every restaurant in Virginia since the restaurant ban was repealed but the ones I have patroned did not have signs against carry posted. Since open carry was already legal, it is doubtful that many, if any will post.

New Gun Laws Effective Today

July 1st is the day that new laws take effect and no other new law has been more anticipated than repeal of the ban on carrying concealed in restaurants like Applebees and Olive Garden, which serve alcohol in edition to food. VSSA has been working hard to repeal the ban for 16 years and the election of Governor Bob McDonnell finally helped make our hard work pay off. Remember if you do carry in a restaurant, you are not allowed to consume alcohol while carrying concealed.

Also taking effect today is the renewal of Concealed Handgun Permits (CHPs) by mail, repeal of a little used law that allowed localities to impose a license tax on persons engaged in the business of selling pistols and revolvers as well as the record keeping requirement for such persons, a law allowing local schools to offer firearm safety education modeled on the Eddie Eagle Gun Safe program, and a law that allows non-CHP holders to store their firearm in a private motor vehicle or boat if the handgun is secured in a container or compartment.

VSSA had a very successful lobbying effort this year. While we were disappointed that the State Senate created a killing field special sub-committee in violation of Senate rules that killed repeal of handgun rationing as well as the full committee killing Castle Doctrine legislation, we had many successes. Now that the restaurant ban is repealed, VSSA will focus on passing Castle Doctrine and repealing one gun-a-month. You can help in this effort by sharing the news with your fellow gun owners about what VSSA does to protect and expand their gun rights and urging them to join VSSA.

Governor McDonnell Signs Repeal of Restaurant Ban

Governor Bob McDonnell has signed into law VSSA-backed legislation allowing Concealed Handgun Permit (CHP) holders to carry a concealed firearm for self-defense in restaurants like Applebees and Olive Garden that serve alcohol as well as food, providing they do not consume alcohol. State Senator Emmett Hanger (R-24) and Delegate Todd Gilbert (R-15) were the patrons of Senate Bill 334 and House Bill 505 respectively.

This commonsense measure passed the State Senate in February by a bi-partisan vote of 22-18 and passed the House of Delegates in early March with a bipartisan vote of 72-27. This makes Virginia the 42nd state to extend self-defense rights to permit holders in restaurants.

There was absolutely no reason to prohibit CHP holders from carrying their self-defense firearm into a restaurant that serves alcohol. CHP holders are some of the most law abiding members of society. This is a 14 year battle that has finally been won with the hard work of Virginia's law-abiding gun owners.

VSSA 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. The law will become effective on July 1, 2010.

Virginian gun owners can thank Governor Bob McDonnell for his Second Amendment support at (804) 786-2211 or click here to thank him via email.

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.

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.

A Good Day for Gun Owners

A number of bills were acted on in this last day before "Crossover." A list of bills follows.

HB 490, a bill requiring the State Police to develop a plan for lifetime concealed handgun permits passes House 78-20.

HB 236, Delegate Janis' bill that protects hunting near subdivisions in rural areas passes the House 79-19.

HB 854, Castle Doctrine, passed the House 75-24.

HB 171, allowing firearms in locked containers passes the House 72-27.

HB 79, a bill limiting access to CHP application information at the Circuit Court Clerk's office passes 87-10.

HB 49, Repeal of one handgun-a-month passed the House by a vote of 61 -37.

SB 334, repeal of the "Restaurant Ban" passed the Senate.

SB 408, allowing firearms in locked containers passes the Senate.

With cautious optimism, it is probably safe to say that gun owners will see repeal of the restaurant ban and firearms in locked containers in cars and boats without the requirement of a CHP, signed into law as they both have passed each house of the legislature. All of the other house bill still have to clear the Senate and many will face opposition. A complete update will be emailed later this evening.

SB 334 - Repeal of the Restaurant Ban Passes Senate

Repeal of the Restaurant Ban passes the Senate on a vote of 22-18.

Restaurant Ban Repeal Up for Vote

Live blogging debate on the bill.

The Senate is now debating repeal of the restaurant ban. Senator Hanger, the patron, is now speaking for the bill.

Senator Dave Marsden is now opposing the bill, stating that he "was originally going to support it but now that we have adopted SB 408, we no longer need to allow this." (That seems to be some screwy logic to me).

Senator McEachin from Richmond is now asking how will we know if the person carrying and consumes alcohol, what would be the enforcement mechanism.

Hanger is giving a very good response.

Senator Whipple is now asking, has it occurred to these women who said they were afraid to go to a bar without their firearm that they not go?

Senator Hanger reminded Ms. Whipple that we are not talking about bars.

Senate Passes by SB334 Temporarily

The Senate has passed by temporarily consideration of the repeal of the restaurant ban (SB 334).

Final Vote Set for Tuesday In House on Repeal of One Handgun a Month, Senate on Restaurant Ban

In the final day to act before Crossover, both the House and the Senate will be taking up important legislation on the floor Tuesday ("Crossover" is the day that both houses must act on legislation that originated in the respective body of the legislature and send it to the other house for action).

In the House of Delegates, the chamber will decide the fate of House Bill 49, a bill sponsored by Delegate Scott Lingamfelter to repeal the 17 year-old "one gun-a-month" law. Last Friday, the Virginia House of Delegates Militia, Police and Public Safety Committee voted 15-6 to report the bill to the full House. If the House passes HB49, it will move to the Senate.

The Senate will also be taking final action on an important piece of legislation, Senate Bill 334, Senator Emmett Hanger's bill to repeal the ban on carrying concealed handguns in restaurants like Applebees and Olive Garden that serve alcohol as well as food. Last Wednesday, the Senate reported the bill on a close vote of 8-7 and the same is expected when the bill is voted on in the full Senate. Should the bill pass the Senate, then it will likely become law as the House has already passed similar legislation on a vote of 67-27 and Governor Bob McDonnell has said he would sign a repeal of the ban.

Now is the time to act to make sure HB49 passes the House and SB334 passes the Senate. Contact your Delegate and Senator now by email and tomorrow before 10:00 AM by phone. You can find out your legislator's contact information by clicking here.

Repeal of Restaurant Ban Reported Out of Senate Courts

Senate Courts of Justice has reported SB 334 on an 8-7 vote. More updates will be coming as the committee takes up the other firearm related bills but this is good news. We have cleared the first hurdle in finally repealing this ridiculous rule banning the carrying of concealed firearms in restaurants like Applebees and Olive Garden that serve alcohol along with food. It has never made sense to me that we could openly carry a firearm in such establishments but could not carry concealed. We still have to pass the bill through the full Senate but gun owners are one step closer to winning this great victory.

Repeal of Restaurant Ban on Militia and Police Agenda Tomorrow

The agenda for tomorrow's meeting of the House Militia, Police, and Public Safety Subcommittee has been posted. There are only four bills on the agenda but one very important bill for gun owners - H.B. 505 - repeal of the Restaurant Ban. Contact members of the committee now and urge them to vote yes to report the bill to the full House.

Committee Members:

Sherwood (Chairman), Griffith, Wright, Carrico, Lingamfelter, Nutter, Athey, Cline, Gilbert, Merricks, Cleaveland, Morefield, Edmunds, Cox, J.A., Scott, J.M., Barlow, Shuler, Lewis, Miller, P.J. , Tyler, James, Keam

More Firearms Bills Pre-filed, General Assembly Convenes Today

The General Assembly Convenes today at noon. More firearms legislation was also prefiled and posted on the Legislative Information System yesterday.

HB 251 Self-defense; person who lawfully occupies dwelling may use degree of force against an intruder (Castle Doctrine). Senate Courts has been the death of this bill in the past. We will be working hard for this bill this year in hopes of getting it out of the Senate and on Governor McDonnell's desk.

HB 475 Possession of firearms on school property; concealed handgun permits. This bill allows a person who has a valid concealed handgun permit to carry a concealed handgun in a part of a school building not being used for school-related functions or extracurricular activities and also allows persons with a valid concealed handgun permit to carry a concealed handgun while in a parking lot or traffic circle of a school, regardless of whether such person is in a vehicle. Current law only allows such a person to carry the concealed firearm in a parking lot or traffic circle while in a vehicle.

HB 489 Reorganizing the law related to concealed weapons and concealed handgun permits. This is a restructuring of the current CHP statute and does not make any changes in the law, just makes it easier to follow and understand.

HB 490 Concealed handgun; development of plan for issuance of lifetime permit by Virginia State Police. This would be a great improvement if we actually get a plan and implement lifetime permits. In a tough budget year, look for the State Police to balk, saying they would need additional money to create a plan in a year where they have laid off personnel. They have been known to say one thing in committee and work back channels to kill CHP improvements.

HB 505 Concealed handguns; restaurants. This bill repeals the ban on carrying concealed in
restaurants like Applebees, Olive Garden, and others that serve alcohol in addition to food. This bill differs from Delegate Cole's bill (HB 106) in that HB 505 only deals with the restaurant issue and prohibits consuming alcohol. Delegate Cole's bill combines the issue of restaurants and carrying in places of worship. Delegate Cole's bill also does not forbid the consuming of alcohol while carrying concealed in the restaurant.

The first overtly anti-gun bills have also been prefiled:

HB 520 Sale of firearms at firearms shows. This bill is a novel approach to close the non-existent "gun show loophole" by requiring any person who has a fixed location at a gun show to display and sell firearms and any person who sells three or more firearms at a gun show, regardless of whether he has a fixed location, to be licensed as a Virginia firearms dealer. The thing is, there currently is no such thing as a "Virginia firearms dealer" only Federal Firearms Dealer. So, Virginia would have to create a license.

SB 268 Dangerous weapons in government facilities. This bill totally guts pre-emption by allowing the governing body of any locality, by ordinance, to make it unlawful for any person to possess a dangerous weapon upon the property, including buildings and grounds thereof, of any facility that is owned or leased by that locality and used by it for governmental purposes.

Most Virginians want tighter gun laws?

According to a report published yesterday by the Virginian Pilot, a poll conducted by the Judy Ford Wason Center for Public Policy at Christopher Newport University found that:

...eight of every 10 likely voters interviewed wanted to change a state law that allows someone to buy a firearm from an unlicensed seller at a gun show without first undergoing a criminal background check.

Forgive me for being a bit jaded but I find it awful convenient that a poll on gun issues comes out just 15 days before election day and just happens to show that a position held by a particular candidate is shared by a vast majority of those surveyed. The article indicates that the "gun show loophole" has been a divisive issue in this year's campaign.

The poll was a joint effort by The Virginian-Pilot, WVEC-TV and CNU. There is no link in the article to the poll so that one can review the cross tabs to see the demographics of those surveyed but I have a sneaky suspicion that a majority of those sampled were people living in areas of the Commonwealth that are less friendly to firearms. Not to to mention that the wording of the question could have played a role in the response given. If they used the term "unlicensed dealers" instead of "private individuals" it is highly likely the response twould be in line with what the poll found. Most people don't understand that there is no such classification as an "unlicensed dealer." One either is or is not a gun dealer. If one is engaged in the business of selling firearms without a license, it is a federal crime punishable by five years in prison.

The poll also asked whether Virginia's restaurant ban should be repealed.

A strong majority of those polled - 68.4 percent - also do not want Virginia to allow people with concealed-weapons permits to bring their firearms into eateries that sell alcohol. More than a quarter of those surveyed - 26.3 percent - disagreed, saying the ban should be lifted.

This poll is so out of whack with what has been found in national polls lately so I can only presume that the polling group used questions that pushed the respondent to give the more anti-gun response.