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Posted: 8/30/2004 3:00:05 PM EDT

This just in.

This is HOT!!!

Is the Restaurant Ban enforceable? It may not be! Delegate Dick
Black (R-32), who represents part of Loudoun County, has asked
Attorney General Jerry Kilgore for an advisory opinion on that very
matter. After over a year of careful research and deliberation, in
collaboration with a VCDL member who originated the idea and assisted
in the legal research, Delegate Black believes that the restaurant
ban (VA Code Section 18.2-308 J3) is invalid and unenforceable! He
also believes that there's no authority to revoke a concealed handgun
permit if the permit holder has violated the ban.

I have read the request for opinion that Delegate Black has sent to
General Kilgore and fully believe that Delegate Black is correct.

WHAT IS THE "RESTAURANT BAN"? It is a restriction (for which there
was no demonstrated problem) placed on concealed handgun permit
holders beginning in 1995. Since 1995, Virginia's concealed carry
law has prohibited lawful concealed carry by permit holders (even if
they aren't drinking) in ABC licensed restaurants and clubs. Prior
to 1995, permit holders faced no such restriction and could and did
legally carry concealed in these establishments without any problems.
Because of this recent (1995) change to Virginia's concealed weapons
law, concealed handgun permit holders who enter a restaurant are
forced to chose between 1) unnecessary handling of their loaded
firearm in a public parking lot and storing it in an unattended
vehicle or 2) open carry of their firearm. Because of this
restriction, the law effectively requires permit holders to openly
carry their firearm while in an ABC licensed restaurant or club.

IMPORTANT NOTE: VCDL is asking permit holders to NOT carry concealed
in restaurants that serve alcohol until the Attorney General has
rendered an opinion AND we've had time to evaluate it. (Opinions can
take three to nine months.) We will let you know the second we hear
that the opinion has been rendered.

Let's thank Delegate Black for his courage and diligence in both
researching and following through with this issue of major importance
to all of us. Here is his contact information:

Delegate Richard H. Black
P.O. Box 650370
Sterling, VA 20165
Ph: 703-406-2951
Fx: 703-450-2076
[email protected]

If you call, you will probably talk to Callie Chaplow, Delegate
Black's aide. Thank her, too. This young mother-to-be is second to
none. Her advice and insight on the General Assembly have proven to
be extremely valuable. Not only is she good at what she does, but
when I first met Callie, she had a target that was sporting a nice
tight group right on her office door in the General Assembly!

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