Thursday, March 20, 2008

Why State Attorneys can drink and carry concealed

Apparently Governor Kaine, either can't read what he's signing, is willing to ignore parts of laws that he signs, has an incompetent law office that gives him bad advice, or he's lying to gun owners.

At a recent town meeting in Norfolk, VCDL member and blogger Curtis Stone, confronted the Governor about his inconsistencies in enforcing the laws of the land. His reply:

I explain it by saying you got the bills wrong. Your first statement of my veto was 100% accurate. Virginia does not allow concealed weapons to be carried into restaurants except by sworn law enforcement officers...


Commonwealth Attorneys are not sworn law enforcement...

Well, you know, I have a lot of lawyers and we spent a lot of time on this...

While Commonwealth Attorneys can carry concealed weapons because of the bill I signed, they can't take them into restaurants that serve alcohol.

Here is part of an email from the VCDL explaining the facts of life:

Here is the analysis:

18.2-308 is Virginia's concealed weapons code section

18.2-308 A lists all the weapons that are considered concealed if
carried "hidden from common" (this includes firearms, nun chucks,
daggers, etc.) and makes such carriage illegal.

18.2-308 B lists all the people who are TOTALLY EXEMPT from the
concealed weapons law, on-duty or off-duty, except from part J1
(below). Police are in this section and, now thanks to the Governor,
so are Commonwealth Attorneys

18.2-308 C lists all the people who are TOTALLY EXEMPT from the
concealed weapons law ONLY WHILE ON DUTY. This includes mail
carriers, the, er, Harbormaster of Hopewell (?!), and correctional
officers.

18.2-308 D creates a concealed handgun permit, which allows citizens
to carry a concealed handgun and not be charged with doing so.
However, the permit holder is not exempt from any of the other
provisions in the concealed weapons law, unlike the people in 18.2-308
B and C (above)

18.2-308 J1 says a person can't be drunk while carrying a concealed
handgun. This only applies to those listed in 18.2-308 B and 18.2-308
D. Interesting to note that 18.2-308 C is not covered. Thus, the
Harbormaster of Hopewell can actually be drunk and carry a concealed
handgun as long as he is on duty (or going to or from such duty)!

18.2-308 J3 says a person can't carry a concealed handgun into a
restaurant or club that serves alcoholic beverages. It does say that
a sworn law enforcement officer can do so, but that is actually
irrelevant since everyone listed in 18.2-308 B and C are exempt from
the concealed weapons law, including J3! (For legal clarity it is
common practice to state that such restrictions do not apply to sworn
police officers, even when such restrictions clearly don't apply
anyway.)



Labels: , , , ,

|

0 Comments:

Post a Comment

<< Home