VA Guv Signs Airport Gun Ban

[Leatherneck]

Governor Warner thoughtfully responded to my last e-mail, in which I urged him not to sign this ill-conceived piece of junk. Here's his response:

Thank you for contacting my office regarding Senate Bill 660, which prohibits carrying a weapon in an air carrier airport terminal. I have signed this bill into law.

This is the one setback RKBA activists in Virginia have suffered this year. It contains a dangerous "Gotcha" as well, since the Metropolitan Washington Airports Authority (which controls DCA, BWI and IAD) enforces "Airport Law" on the stretch of VA Rte. 28 for the stretch it adjoins the airport.

This has got to be top priority to reverse next year.

TC
TFL Survivor

 

[dischord]

But Golly. During the election, I got a brochure in the mail from a group named Sportsmen for Warner. They said Mark Warner was my friend. It had orange cammo on the cover and everything

 

[mtnbkr]

I thought the one he signed only affected small airports like regional or municipal ones.

Not that it makes things better...

Chris

 

[Leatherneck]

AFAIK, the law covers all airports, and MWAA has already expressed an intent to enforce the law "vigorously."

TC
TFL Survivor

 

[Mr. James]

mtnbkr,

As Leatherneck points out, the stated purpose was to "rationalize" carry laws in airports big and small - it had the effect of making it much harder to even drive past Dulles. As Leatherneck also points out, MWAA claims jurisdiction over parts of Rte 28 near the airport.

www.vcdl.org describes the measure thusly:

"Provides that it is a Class 1 misdemeanor for any person to possess or transport into any air carrier airport terminal in the Commonwealth any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind, (ii) frame, receiver, muffler, silencer, missile, projectile or ammunition designed for use with a dangerous weapon and (iii) any other dangerous weapon, including explosives, tasers, stun weapons and those weapons specified in subsection A of ¦18.2-308. This prohibition does not apply to law-enforcement officers or a ticketed passenger who transports a lawful firearm into or out of an air carrier airport terminal to check the firearm with his luggage or retrieve the firearm from the baggage claim area."

Note: even ammunition will get you popped, if you get checked. And the MWAA coppers were doing random vehicle stops on the Dulles access road some time ago (not sure they're still at it).

Sportsmen for Warner.

 

[Cool Hand Luke 22:36]

This is a setback for gun rights in Virginia. This law "rationalizes" all airports so that they "conform" to regulations that MWAA had no right to enforce in the first place.

The NRA supported this bill for some reason. I hope, however misguided that support was, that it was a trade for all the other pro-gun bills passed this year in VA.

The NRA does a great job on a lot of things. But State and local lobbying, and the process that they use to select political candidates need to be overhauled badly. NRA is a train wreck in those areas, IMO.

 

[Gray Peterson]

Actually, MWAA stated that they would comply with the SB660 provisions as of July 1st, 2004, that includes those roads.

 

[spartacus2002]

I heard the head of Virginia Citizen's Defense League give a talk to the membership in which he explained what he figured the behind-the-scenes political horsetrading to be: this bill passed and in exchange the open and concealed carry laws across Virginia were standardized in a different bill. The intended result: no more fear of if you're in one of those towns that passed a "no loaded guns" ordinance or something like that.

I'm not an expert on this session's bills, so if there's someone out there who knows more, chime in.

 

[Zedicus]

How on earth did they manage to sneak this BULL into law?

This one is utterly dumbfounding.... :banghead:

 

[Smurfslayer]

How you ask?

http://www.thehighroad.org/showthread.php?s=&threadid=65541

If you do a search on "Dulles" or "MWAA" more history will turn up. As you can see from the cool responses I got above, apparently nobody here really cared to give us in VA a hand when we needed it.

This began( used loosely ) shortly after last year when the Metro washington airports authority was called on their regulation 8.4 which bans weapons on their "Property". Last year, section 15.2-915 was amended to add Authorities to the statewide preemption list, which includes MWAA - the last "A" stands for "Authority". MWAA's enabling legislation states that the court of competent jurisdiction is in Virginia, and Virginia law applies - See Title 5, Chapter 10 of Virginia Code at
http://leg1.state.va.us

Mwaa was challenged by a VCDL member on their unlawful - preempted - regulation. They didn't back down, in fact, threatening arrest and "to the mat" prosecution for any permit holder caught on their property. They also claim property including sections of state roads rt 28 & 606 around Dulles, as well as the toll road. Unfortunately, they're maintained by VDOT. Further, in Virginia, the rules of statutory construct dictate that when 2 laws deal with the same topic matter, the general assembly is presumed to have full knowledge of existing law and interpretation, and therefore the more recent law shall overrule the older one. That meant that MWAA had been preempted. They fought hard, and efficiently, and got a bill introduced by Senator Stolle - SB660. It sucked huge.

flashback - in '03's session, we dodged the NRA backed entertainment establishment bill which created a very narrow exemption to allow concealed carry in restaurants in VA (Open carry is allowed in all of them now). The alcohol sales provision - 30%, opt in requirement and a few other provisions made this unpalatable to VCDL. Unnoticed by VCDL was that Open carry was not prohibited in this bill... or if not unnoticed, ignored. VCDL went all out to defeat this bill, and in so doing made the "NRA - 800 pound gorilla" remark among others. If you think that VCDL is a great organization, you're right, but for an idea of how bad this ticked off the NRA, call them, and tell them you are from VCDL and want to talk about state legislation. See if anybody calls you back.

Now, return to this year... The NRA put out a collection of spin on why it was "Nuetral" on SB660 and how VCDL had created this problem and NRA was cleaning it up... That letter dripped with vengeance. The NRA supported the original 660 which was a total and complete ban, without any provisions for civilians. Now, go back and re-read that. That tidbit was sent to a VCDL member from their delegate.

I have debated with a friend about this, and it is my opinion that the airport ban will be unassailable in the general assembly as it will be politically unpopular to allow "Gun in airports"! Further, I believe that it is best challenged in court as a new restriction, and a clear infringement of the Virginia Constitution. I hypothesize that if we do not challenge this in court immediately, any further attempt to repeal it will meet with an even cooler reception - Delegates and Senators replying 'This has been in place for a while now, and really seems to make sense, how's it hurting anyone?' - Further, the courts will also use this argument in reviewing the new restriction if it is allowed to go unchallenged. This is just my opinion, but I hate to see the antis make any progress...

So, don't forget to call the NRA and thank them for supporting gun control...

 

[LAR-15]

Does it prohibit carrying inside the terminal or the whole airport?

 

[Leatherneck]

Excellent discussion, Smurf.

TC
TFL Survivor

 

[Smurfslayer]

after mods, 660 has some good in it...

Kind of like Darth Vader... SB660 has a closing paragraph which makes it the sole arbiter of airport firearms regulations. That means that under the accepted rules of Statutory construct, it is more specific than the enabling code of title 5, chapter 10, and MWAA's preempted regs. Further, it is also more current, and contains supremacy language. It was VCDL, and a few friendly delegates that got this changed from the original. As a result, SB660 now only ALLOWS MWAA to prohibit firearms IN THE Airport TERMINAL, not elsewhere on the property. That will be the LAW on July 1.

It is my opinion, based on previous experience, that MWAA will drag their feet, and otherwise fight tooth and nail before conceeding this fight. I further think that the best defense against MWAA is a strong offense. That is one reason I think a Virginia court challenge would succeed. There is no RKBA decision in Virginia concerning Article 1, Section 13, and this would be a new infringement. I think for many reasons, this would be a "Ripe" challenge. As a matter of fairness, opinions vary on this, but I think this challenge could succeed. I think that it would behoove us to get an opinion from the AG on exactly what prohibitions of MWAA would be overturned by this new law. Then, I think MWAA should be advised in writing that any deviation from the list would result in the offending airport police officer being taken into custody, to the magistrate's office and charged with whatever crimes are appropriate - brandishing a firearm - felony, and many more. but that's just me...

Probably the best way to handle any MWAA detainment is immediately 911 call the local police and get a witness. When the MWAA goon is done, tell the local officer of the crime and insist on an arrest - of the MWAA goon. They won't want to, but sooner or later, one of the MWAA goons will step over the line far enough that we can gain some ammunition for why this organization needs to have all their authority and power taken away.