XLMiguel
Member
Great news for VA CHP holders from VCDL!! 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!
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!
