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Good News in Virginia

Discussion in 'Legal' started by Leatherneck, Sep 18, 2004.

  1. Leatherneck

    Leatherneck Well-Known Member

    Dec 28, 2002
    No. Virginia and Northern Neck
    While dodging storms here in "Tornado Alley" last night, I was pleased to get an alert of a different kind from VCDL President Phil VanCleave. Two court decisions that side completely with gun-owners and RKBA. God bless VCDL!

    (VCDL alert):
    I don't know where to begin! Fantastic news on MWAA and the
    Restaurant Ban! Both of these are major items that happened in rapid succession in a Loudoun courthouse:

    1. Metropolitan Washington Airports Authority (MWAA) loses in court!

    This was a case where a concealed handgun permit holder, Gary Alves, was charged with carrying a knife (a utility knife used in his
    employment) in a Dulles parking lot after July 1, when the new
    Virginia airport weapons law (18.2-287.01) came into effect.
    Judge Worcester ruled on Wednesday that MWAA's weapons laws are now totally preempted by the new Virginia law! Mr. Alves' charges were dismissed because the only place you can't carry a knife on airport property in Virginia, as of July 1, is in the secure areas and the terminal.

    VCDL, as you know, has been taking this position all along.

    This sends a huge message to MWAA: drop all your regulations, as
    VCDL has asked, and let state and federal laws apply. If MWAA
    doesn't do that any conflicting regulation they put in place (like
    banning weapons in non-terminal buildings that open onto the runway)
    would be preempted and are invalid and unenforceable.

    Will MWAA now do the right thing? We will see, but this is huge.

    2. Both a Loudoun judge and a Loudoun prosecutor agree that the Restaurant Ban is INVALID!!!

    The Loudoun Commonwealth's Attorney halfheartedly supports Delegate
    Black's position that 18.2-308 J3, which prohibits concealed carry of
    handguns in restaurants that serve alcohol, is not valid and is not
    enforceable! Better yet, Judge Worcester wholeheartedly supports
    that position!

    The prosecutor dropped the charges against Dr. Thorston Hisam, a
    concealed handgun permit holder, in court this morning, with Judge
    Worcester noting the law's invalidity. Charges were originally
    brought against Dr. Hisam when an undercover police officer claimed
    to have seen Dr. Hisam carrying a concealed handgun in a Loudoun
    restaurant (and how exactly do you see a concealed handgun?). Six
    MONTHS later they RAIDED Dr. Hisam's house using the charge of
    violating J3 as the reason for the raid! There was a dawn RAID by 14
    police officers for carrying a concealed handgun in a restaurant six
    months after the supposed violation? All charges have now been
    dismissed in a case that looks and smells like a failed vendetta
    against Dr. Hisam.

    What does this mean?

    According to a Virginia judge, the restaurant ban is not valid and is not enforceable. It is VCDL's opinion that J3 needs to be dropped!

    Does this mean you can now legally carry concealed in restaurants that serve alcohol? Not yet. It is important that we all be patient for a little longer.

    Don't forget that the Attorney General is looking into this very matter right now. Hopefully he will agree with Delegate Black and the Loudoun Commonwealth's Attorney and another nail will be hammered into the Restaurant Ban's coffin!

    Congratulations to Attorney John Flannery, II (with Campbell, Miller,
    Zimmerman in Leesburg - JonFlan@aol.com) for both important wins!
    (/ VCDL text)

    The part that pleases me the most is that the pointy heads at MWAA who thought they were above the law will soon learn that they have to obey the same laws the rest of us do. :neener:

    TFL Survivor
  2. CZ 75 BD

    CZ 75 BD Well-Known Member

    Feb 7, 2003
    The Heart of Dixie
    Good news all around...

    Every state in the nation should have activists like this group!
  3. Partisan Ranger

    Partisan Ranger Well-Known Member

    Apr 16, 2003
    Being forcibly disarmed in a VA restaurant that serves alcohol has to be one of the stupidest laws on the books. I hope this idiotic law bites the dust soon.

    Of course, you can carry openly anywhere in VA practically, but that would give me more attention than I care for.

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