New State Law Allows Concealed Weapons in Restaurants

By Stephen Groves, of Virginia Statehouse News Thursday, July 01, 2010

Restaurant and bar-goers in the Old Dominion will soon be packing more than their hunger.

Following years of opposition, gun groups scored a victory this year when the General Assembly passed a law allowing people with concealed weapons permits issued in Virginia  and 27 other states to carry their guns into restaurants.

But they will not be allowed to drink alcohol at a restaurant. Under state law, a violation is a Class 2 misdemeanor, punishable by up to six months in jail and a $1,000 fine.

“It doesn’t make a lot of sense that people could openly carry a firearm in a restaurant, but a concealed carry permit holder who had been through training and an extensive background check wasn’t allowed to carry a firearm into a restaurant,” said David Adams of the Virginia Shooting Sports Association, the National Rifle Association state association for Virginia.

Virginia joins 21 states with similar gun laws on the books. Adams said the laws have not led to additional violence or problems in the other states.

“I don’t think people will notice any change in behavior of people in restaurants,” he said.

A spokesman for a gun rights group agreed.

“Laws are for the good people, and set boundaries. A criminal will illegally carry a concealed weapon no matter what,” said Philip Van Cleave, president of the Virginia Citizens Defense League.

But opponents of the law fire back that it will increase violence.

“It will create a more dangerous environment,” said Lori Haas of the Virginia Center for Public Safety, an advocate for reduced gun violence. She said that just because someone is approved for a concealed handgun permit does not mean they will not commit a crime in the future.

“The brutality of a confrontation is raised when a firearm is involved,” Haas said.

Haas is concerned that the law allows people who have a concealed handgun permit from other states to carry concealed firearms in restaurants. “Virginia has reciprocity with 22 other states, but [with the concealed firearm carriers from other states] we don’t know their background, training or ability.”

Gun laws continue to be a divisive issue for Virginians. The backlash of the 2007 Virginia Tech shootings has many advocating for tighter regulations, but many contend that law-abiding citizens carrying guns actually make the streets safer. The debate has spilled into vehicles, the mail, and restaurants, with each side battling for each foot of ground.

Recently, fears over President Barack Obama’s tighter gun control agenda prompted gun rights advocates to push for loosening of gun laws.

“It’s been a concern, and it caused a big gun rush the year after he was elected,” said Van Cleave. “But so far he hasn’t done anything affecting gun rights.”

This bill circulated in the Virginia General Assembly for several years. The House of Delegates and Senate had previously passed a similar bill on two separate occasions. But former Gov. Tim Kaine vetoed the bill both times.

In April Gov. Bob McDonnell signed the bill into law.

The other gun-carrying law that will go into effect in July allows people who legally own a firearm to store it in a car or vessel as long as the gun is secured in a container or compartment.

Adams said this will allow people without a concealed firearm permit to still carry a gun in their vehicle as long as it is secured. This means legal gun owners can keep a gun secured in their glove compartment.

He said it would not be a major change in the way guns are carried or handled and that it would make it more convenient for law-abiding gun carriers.

But Haas said the law raises concerns for law enforcement officers’ safety. “Now every traffic stop has an added number of persons who may have a weapon in their car,” said Haas.

Finally, a new law allows Virginians who have previously been issued a concealed handgun permit to apply for a renewal of the permit through the mail.

The permit renewal law is a small nuance in the concealed permit laws, but it still had both sides arguing over how accessible guns should be to Virginians.

Adams said the process makes sense because those reapplying already had to pass a background check.

But an anti-gun activist disagreed.

“It’s one more opportunity for a non-face-to-face interaction in the process,” said Andrew Goddard, president of the Richmond Million Mom March against Gun Violence.