GA08-03-27.txt
The Governor and Guns
General Assembly special report, March 27, 2008
I have not yet compiled and sent out the overview of General Assembly actions this year; that will take a bit more time. This is a special report dealing with the Governor's actions on two gun-related bills.
Some of you may know that I voted for Governor Kaine, and urged others to do so, since I considered him to be the lesser evil of the electable candidates, in spite of his acknowledged antipathy toward privately-owned firearms. I said then that after having been caught using tax monies to subsidise one side of a policy-policy debate while he was mayor of Richmond (and I'm happy to say that I am the person who confronted him on this at City Council meeting), and being forced by public opinion to reimburse the taxpayers for that wrongful expenditure, that he had learned a lesson.
I may have been wrong in that assessment. His recent actions have been very disappointing, and call into question his honesty and his competency. There may well be a good explanation for this, but so far I have not heard one. Certainly what the Governor has said does not make any sense, nor does it comport with the facts.
Here are the facts; you can judge for yourselves.
Necessary background information:
Virginia law has never prohibited law-abiding adults from owning firearms, nor from openly carrying them in public, nor from drinking while they do so. It is illegal to hunt with a firearm while under the influence.
Under current law, the Code of Virginia, § 18.2-308, sets out restrictions on carrying deadly weapons "hidden from common observation". In general, this is illegal, but the section also provides for issuing Concealed Handgun Permits (CHPs) for most law-abiding citizens under certain circumstances, and for some people to be exempt from all or part of the law.
One of the restrictions is that CHP-holders are not allowed to carry a concealed weapon in public while under the influence of alcohol.
Another restriction, somewhat stranger, is that a CHP-holder is not allowed to carry the weapon, concealed, into a place that's licensed to serve alcohol (except for the owner and employees). There's no such restriction if the weapon is not concealed.
The ban on carrying a concealed weapon into a place that serves alcohol has long been a burden. Before entering a restaurant that serves wine, for example, present law requires you to rearrange either the weapon or your clothing so that the weapon is visible. This is not merely a nuisance, but it scares some people, and can provoke others.
Now then, with that background, you can understand the bills.
Two virtually identical bills were introduced this year to repeal the restaurant ban. HB1544, from Delegate Gilbert, died in House Militia, Police, and Public Safety Committee without ever being heard.
SB476, from Senator Hanger, on the other hand, was passed by committees on each side, and by the full House and Senate. Along the way, it was amended to require that a person carrying a concealed weapon into a place that serves alcohol would have to notify the management, and also to prohibit the person from drinking any alcohol at all (as opposed to merely not becoming "under the influence"). When the bill reached the Governor, he vetoed it.
He said that concealed weapons don't go with alcohol, and also said that he was responding to concerns from law enforcement agencies. This second point ignores the fact that the only testimony against the bll in committee hearings came from the ABC, whose spokesman said that he was "speaking for the administration" -- that is, the Governor told them to oppose the bill.
If this were the end of the story, however, I wouldn't be bothering with this note. People disagree on various issues, and we knew that he didn't like guns, so he vetoed it, OK, maybe next year there will be enough votes to override the veto, move on. "But wait . . . there's more!"
There was another bill, SB776, from Senator Hurt. It allows Commonwealth's Attorneys and assistant CAs to carry concealed weapons anywhere in the state, at any time, without needing a CHP. They're already among the people allowed to carry while on duty, and while going to or returning from work, but this would expand that privilege immensely.
I opposed the bill as written, since it didn't require them to prove their safety and competency with a weapon, as is required of ordinary citizens obtaining a CHP; I suggested merely waiving the normal $50 fee for them. That didn't happen, partly because of philosophical objections and partly because no Senator or Delegate wants to offend the Commonwealth's Attorneys in his or her district.
The bill was passed, and the Governor signed it, and it will become law on July first . . . but it seems that there's one little problem with it.
It allows CAs, and their assistants, to carry concealed weapons into places that serve alcohol, and to drink alcohol, so long as they don't get tipsy. In other words, it "mixes concealed weapons and alcohol", even more than the bill the Governor vetoed!
Worse yet, when this was brought up to the Governor, rather than just admitting that he had missed that aspect (as I did, and I'm generally pretty good at analysing these things), he just denied that it was true, in spite of the fact that the new law is very plain. He's repeated this denial several times, in spite of the plain language of the bill.
I suggest that you email him and ask why he's refusing to admit the truth. You'll need to do it through his website, listed at the end of this message.
You may also want to bring it up at one of his public meetings. I regret that I delayed sending this until most of them are past. The ones now scheduled are for:
Monday, March 31:
Town Hall: Loudoun. Governor Kaine will participate in a Town Hall meeting to discuss the budget and legislation passed during the 2008 General Assembly Session and take questions from the public.
When: 6:30 p.m. – 8:00 p.m.
Where: Farmwell Station Middle School – Auditorium
44281 Gloucester Parkway, Ashburn, Virginia
Thursday, April 3
YMCA Model General Assembly. Governor Kaine will deliver remarks and present the 2008 Service to Youth Awards at the opening of the 2008 YMCA Model General Assembly. The Model General Assembly program is designed to introduce high school students to the legislative process of the Commonwealth of Virginia.
When: 7:00 p.m.
Where: St. Paul's Church
815 East Grace Street, Richmond, Virginia
Now, the last item in this message: why should you believe my analysis of the bill rather than that of the Governor? After all, he's an elected leader, with a Harvard law degree, and I'm just a private citizen, and a troublemaker to boot! Well, I could say that it's because I'm honest, and he's a politician, but as Tricky Milhous said, "That would be wrong!" A simpler answer is to show you the bill itself, and let you read the language in it.
At the end of this message are URLs for present law, and for the bills I've mentioned here. For the bills, the link takes you to the "history" page, which has links to the various versions of the bill, and the amendments, and the votes, and the Governor's veto message. When looking at the text of the bills, whether HTML or PDF versions, plain text is existing law, italicized text is language that would be added, and struck-through text is existing language that would be deleted.
Interestingly enough, and of course there can't be any connection to the ruckus that's been raised recently about his actions, I discovered today that the Governor's veto messages for at least two gun bills, including SB476, have mysteriously disappeared from the Legislative Services websites. When I reported the error this morning, I was told that they'd find out what the problem was and get back to me. This hasn't yet happened. As I said, I'm sure that there cannot possibly be any connection.
Now then, look at § 18.2-308, it's in legalese, but that's still just plain English. The only word you may not know is "curtilage", which is very freely translated as your yard around your house.
The bill has 25 subsections, A-S (Subsections H, J, and P have multiple subsections). They break down as follows:
A. Illegal to carry concealed weapons; items included; penalties.
B. Article does not apply to people in their homes.
Except for subsection J1, does not apply to certain people under certain circumstances.
C. Does not apply to certain officials while on duty & to/from work.
D. CHPs & processes
E. Disqualifications for CHPs
F. False statements; perjury.
G. Proof of competency
H. Form of CHP
H1.Military & CHPs
I. Renewals of CHPs
J. Forfeiture for convictions.
J1.CHPs & "under the influence" of alcohol
J2.CHP suspended if felony charge pending
J3.CHP & restaurants that serve alcohol
J4.CHP suspension for incompetency
K. People who don't pay for CHPs.
L. Appeals of denials
M. Definitions
N. More definitions
O. CHPs do not override laws or property rights.
P. Reciprocity with other states
P1.Non-residents
Q. Reciprocity (Maryland)
R. Reciprocity (Law Enforcement)
S. Law on deadly force
Now, currently CAs are listed under subsection C, since they are "conservators of the peace". They can carry concealed, only while on duty or ging to or from work. SB776 lists them separately, in subsection B (and also notes this in subsection C, referring to subsection B). CAs and assistant CAs are now to included in subsection B 9.
As it says at the beginning of subsection B, "Except as provided in subsection J1, this section shall not apply to:" the people listed therein, which now will include Commonwealth's Attorneys and their assistants. Note that language well . . . except for subsection J1, NO PART of the Concealed Weapon statute applies to them.
Subsection J1 says "Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor. . . ." That is the ONLY part of the Concealed Carry law that will apply to Commonwealth's Attorneys.
The "restaurant ban" which the Governor seems to think is sacrosanct does not apply. That's in subsection J3, which says, "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 . . ."
The Governor says that the bill will not allow CAs and their assistants to enter restaurants with concealed weapons, and he claims that the Attorney General backs him up on this. Regardless of what the Governor says, or the Attorney General says, or a choir of angels says, that is precisely what the bill will do. It's a basic legal principle that a law means what the words in it mean. The Governor is absolutely wrong, and if the Attorney General agrees with him then the Attorney General is wrong.
Contact the Governor, if you choose; contact your legislator, if you choose to do so. Whether or not you do either, do look at the websites referenced below, and see for yourself what's been done.
-- Roy
Websites for more information on any of the items above are here.
General Assembly website:
http://legis.state.va.us/
Legislative Information website:
http://leg1.state.va.us/
Current Virginia law on concealed weapons:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308
HB1554, Restaurant ban repeal (failed):
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=hb1554
SB476, Restaurant ban repeal (passed):
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb476
SB776, Commonwealth's Attorneys:
http://leg1.state.va.us/cgi-bin/legp504.exe?ses=081&typ=bil&val=sb776
Governor of Virginia, Tim Kaine -- WEBSITE:
http://www.governor.virginia.gov/
E-MAIL the Governor:
http://www.governor.virginia.gov/AboutTheGovernor/contactGovernor.cfm