Virginia 2nd Amendment Freedoms

The Virginia Citizens Defense League has lots of great new stuff up.

First, and most importantly, they have a copy of Delegate Dick Black's letter to Attorney General Kilgore seeking a legal opinion on whether the ban on restaurant Concealed Carry is enforecable. General Kilgore's opinion is expected soon. Here is what VCDL reported in their Action Alert email.

As you can see, a lot of careful research has gone into the request.

Plenty of documentation was provided to backup the case that J3 is invalid, including a ruling by Mary Sue Terry, when she was Attorney General in 1987, on a law with a similar construction (Page 3, D1 of the Request).

Here is the law found by Ms. Terry to be invalid and unenforceable:

§ 8.01-498. Selling officers and employees not to bid or to purchase.

No officer of any city, town, county or constitutional officer or employee of any such city, town, county or constitutional office shall, directly or indirectly, bid on or purchase effects sold under a writ by such officer. (Code 1950, § 8-427; 1975, c. 84; 1977, c. 617.)

Here is the law after the General Assembly reenacted it:

§ 8.01-498. Selling officers and employees not to bid or to purchase.

No officer of any city, town, county or constitutional officer or employee of any such city, town, county or constitutional office shall, directly or indirectly, bid on or purchase effects sold under a writ by such officer. ---Anyone violating this section shall be guilty of a Class 1 misdemeanor.--- (Code 1950, § 8-427; 1975, c. 84; 1977, c. 617; 1988, c. 674.)

Here is the current version of 18.2-308 J3:

J3. No person shall carry a concealed handgun onto the premises of any restaurant or club as defined in § 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of Virginia; however, nothing herein shall prohibit any sworn law-enforcement officer from carrying a concealed handgun on the premises of such restaurant or club or any owner or event sponsor or his employees from carrying a concealed handgun while on duty at such restaurant or club if such person has a concealed handgun permit.

As you can see there is no penalty proscribed.

Of course, this is important because most people in Virginia who are going out for a nice meal would (or, as is my case, even breakfast) like to carry concealed. This dumb law prevents that and forces Virginia Permit holders to carry openly like everyone else in Virginia. As we've reported here in the past, this has led to a lot of unwanted media intrusion. In one very publicized case, a group of law abiding citizens was unfairly harrassed at Champ's restaurant because of this.

Well, VCDL has uncovered the goods on that episode, and has posted both a complete and detailed summary of what actually happened and a copy of the 911 call transcript.

Do yourself a favor. Read the entire transcript, and then decide for yourself who was the bigger threat to peace and harmony.