Posted on 04/14/2010 8:14:29 AM PDT by P8riot
Governor Bob McDonnell Signs VA Restaurant Carry into Law
Fairfax, Va. - Governor Bob McDonnell has signed into law a NRA-backed measure allowing right-to-carry permit holders to carry a concealed firearm for self-defense in restaurants, providing they do not consume alcohol. State Senator Emmett Hanger (R-24) and Delegate Todd Gilbert (R-15) were the principal sponsors of Senate Bill 334/House Bill 505.
“This is a victory for self-defense in Virginia," said Chris W. Cox, executive director of the NRA’s Institute for Legislative Action. “As headlines remind us, violent crime can happen anywhere. Law-abiding Virginia residents now have the option to carry a firearm in restaurants to defend themselves and their loved ones.”
The measure passed the State Senate in February by a margin of 22-18 and passed the House of Delegates in early March with a vote of 72-27. Virginia is the 42nd state to extend self-defense rights to permit holders in restaurants.
“The right to self-defense and the protection of loved ones in and outside the home is vital. We are pleased that Virginia passed these laws to enhance the self-defense rights of law-abiding folks in the Commonwealth,” concluded Cox. “The NRA 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.”
This law will take effect July 1, 2010.
In addition, Governor McDonnell has also signed the following pro-gun bills into law:
House Bill 8/Senate Bill 3, sponsored by State Senator Ralph Smith (R-22) and Delegate Charles Carrico (R-5), allows Virginia residents to renew concealed carry permits by mail.
House Bill 109, sponsored by Delegate Mark Cole (R-88), repeals 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.
House Bill 871, authored by Delegate Ben Cline (R-24), clarifies that a person who is applying for a concealed handgun permit for the first time has the same right to an ore tenus (verbal or oral statements) hearing if the permit is denied as a person who has previously held a concealed handgun permit.
House Bill 1092, sponsored by Delegate Anne B. Crockett-Stark (R-6), gives retired law-enforcement the ability to carry a concealed handgun without a permit.
House Bill 1191, sponsored by Delegate H. Morgan Griffith (R-8), 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.
Virginians can thank Governor Bob McDonnell for his Second Amendment support at (804) 786-2211 or click here to thank him via email.
I agree with that one.
A citizen has a choice of whether to be disarmed -- by entering the property -- or not.
I wonder if a restaurant can block police, EMT or any other type of person into their establishment. If they can block a person execising their constitutional RIGHT to enter their establishment, what prevents them, or any other business from blocking anybody else the business deems marginal?
I think it is more a question of private property owners rather than business owners.
The real question is: where do the rights of private citizens end, and the rights of private property owners begin?
Clearly, the rights of private property owners trump those of private citizens when the citizens is on the private property, even if invited.
For example; if you invite someone into your home, does the invitee have full First Amendment rights? Can he spout off during the meal, and you just have to sit there and take it? Not in my home, nor would I expect in your home.
No such right exists.
Nobody has a right to enter another's private property, even if it's a business. The business owner should have complete control over who may or may not enter. Of course, legislation has infringed on that authority over the years. (CRA, ADA, etc.)
A LEO has the power to enter private property over the owner's objections, under specific circumstances, because of limited and specific authority granted him by law, but not because he has the right to.
“No such right exists.”
Not the right to enter the business, the right to keep and bear arms.
Put another way: Does any business have the ability to deny me my constitutional, God given right?
Exactly.
And that right does not trump private property rights any more than the right to free speech or to peaceably assemble does.
Do you think a Bible study group has the right to hold its meeting in the entryway of Wal-Mart? ...or that a couple of Jehovah's Witnesses have the right to preach in McDonalds?
Private property rights trump the others, IMO. The reason for this is that you have the choice, as a gun owner, whether or not to enter that property and be disarmed, or have your free speech limited, etc..
If you don't want to give up your gun, don't go there.
Restaurants that have alcohol permits often fall under different rules than restaurants that do not.
Then as a business owner, I can put up a sign that says police or EMT will not be served because they scare my cat.
We fought for this since 1996 and the NRA never supported it until last year. I sat in committee meetings to give testimony and had to bear watching the NRA rep refusing to support the repeal more times than I care to remember.
ALL of the credit for this achievement goes to VCDL who fought every step of the way for this.
The business has the right to establish conditions upon which you may enter its property. If a business owner chooses to prohibit weapons on its premises, that is within his/her rights. I typically interprest such business owners as having an intense desire that I transact with other business owners, and honor their wishes.
You can put up any sign you want to. If you put a sign up like the one you described, you had better hope you don't get robbed or have a heart attack at your place of business; the response time might not be so great.
I'd have no problem with that, personally.
Of course, the courts have also ruled that these public officials have no duty to help you when you need it either. :-)
So, property rights supercede constitutional rights?
Property rights ARE constitutional rights. You cannot exercise some constitutional right by trespassing on someone else’s private property.
Your right to keep and bear arms extends as far as you have the right to be wherever you are keeping and bearing arms. If your permission to enter my property is contingent upon your leaving your firearm locked in your vehicle or checked at the door or whatever, you have the right to comply and enter my property legally, or you have the right to go somewhere else. But you don’t have the right to enter my property in violation of whatever conditions I may choose to place upon such entry.
Your right to peaceably assemble with others also extends to your rights to be where you choose to assemble. You can assemble on public property, or on private property where the owner has granted permission to assemble. But if you decide to assemble with a bunch of like-minded friends on a location where the property owner has denied permission to enter, then you are trespassing on private property - your constitutional right to peaceable assembly notwithstanding.
I agree. I have a concealed carry permit, and generally go about my daily business armed; at least every place that I can legally do so.
When I see a place of business that is "posted" for no firearms, I usually will try to talk to them about it. I secure my weapon in a lockbox in the trunk, go inside, and ask to speak to the manager. I politely explain why I will never do business with them. Often I will hear that it is a straight business decision: they think they will attract more business by "posting" than they will drive away.
I personally am just fine with this. It seems like a reasonable balancing of rights to me.
Thanks... If I enter an establishment with the sign forbidding CCW.. they’d never know it.
Exactly. I don’t recall the NRA tirelessly petitioning over the past several years through the last two governors to get this passed. VCDL has been there every step of the way making sure this gets through all the procedural hurdles and naming names along the way.
Open up a restaurant but don’t invite the public.
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