Gun lobbyists to sue over ban at Capitol

RICHMOND — Gun rights lobbyists said yesterday that they will sue the state for its ban on weapons at the state Capitol.

“They’ve given us no choice, we’re preparing to file a lawsuit,” said Philip Van Cleave, president of the Virginia Citizens Defense League.

The new ban, implemented last year by a handful of powerful lawmakers without a public hearing, forbids anyone without a concealed-weapons permit to openly carry weapons into the Capitol or the General Assembly building nearby.

In Virginia, a permit is required to conceal a handgun on one’s person, but not to own a handgun or carry it openly. Virginia Capitol Police requested the ban.

Mr. Van Cleave lobbied lawmakers to repeal the ban, but the two key committees did not vote on a bill that would have overturned the ban, which means the measure will not be lifted anytime this year.

“It’s too bad they didn’t stand up and do the right thing,” Mr. Van Cleave said. “We’ll proceed with plan B.”

Delegate Benjamin L. Cline, Rockbridge Republican, and Sen. Kenneth T. Cuccinelli II, Fairfax County Republican, each proposed a bill that would have allowed anyone who lawfully possesses a firearm to carry it into the Capitol.

Mr. Cline’s bill was left in the Militia, Police and Public Safety Committee, whose members didn’t take any action on the legislation. Mr. Cuccinelli’s bill was left in the Senate Rules Committee.

New legislation may not be introduced before the session adjourns Feb. 26.

Mr. Van Cleave said state police sent his group a letter that stated it was unlawful for a person to openly carry a weapon without possessing a concealed-weapons permit. “Rights have been violated,” he said.

Mr. Van Cleave thinks that letter will be enough to persuade a judge to overturn the ban.

The office of Attorney General Judith W. Jagdmann did not have a position on the matter yesterday, and will not be able to comment once there is pending litigation.

Sen. Kenneth W. Stolle, Virginia Beach Republican and a member of the 14-person Joint Rules Committee that passed the ban last spring, said he thinks the ban is “fair” and “responsible.”

Mr. Stolle said even though he supports Second Amendment rights, he sees it as a safety issue and doesn’t want the ban lifted.

Gun safety advocates also support the ban.

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