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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