Alexander Chang
Capital News Service
A Senate committee this week approved a bill making it a Class 1 misdemeanor for someone who is drunk or on illegal drugs to carry a loaded gun in a public place.
The Senate Courts of Justice Committee unanimously endorsed Senate Bill 1395, introduced by Sen. A. Donald McEachin, D-Richmond. The measure is now being considered by the full Senate.
The legislation “provides that it is a Class 1 misdemeanor for a person who is under the influence of alcohol or illegal drugs to carry a loaded firearm in a public place.” A Class 1 misdemeanor is punishable by up to a year in jail and a $2,500 fine.
In addition, under SB 1395, violators would be ineligible for a concealed handgun permit for five years.
The bill also makes it a Class 2 misdemeanor for someone to carry a loaded weapon into a bar or restaurant and drink an alcoholic beverage. A Class 2 misdemeanor can draw up to six months in jail and a $1,000 fine.
The committee voted 14-0 on Wednesday in favor of the bill, with Sen. Thomas Norment, R-Williamsburg, abstaining.
Although Sen. Richard Stuart, R-Montross, voted for SB 1395, he raised questions about the measure at a subcommittee meeting earlier in the week.
Stuart described a situation like this: Suppose somebody goes hunting for the day, locks a loaded weapon in the trunk of his car and then decides to drink alcohol and have dinner at a lodge. Under SB 1395, Stuart feared, the individual might face criminal charges if authorities assert that the gun was in his custody.
“If you lock the gun away but did not unload it, under this bill you’re still carrying it,” Stuart said.
“You don’t want someone carrying a loaded firearm drunk, and I agree. And I’m the biggest gun nut at this table, I assure you. But do you really want to catch somebody in an unsuspected trap?”
Philip Van Cleave, president of the Virginia Citizens Defense League, raised another concern during the subcommittee meeting.
He noted that SB 1395 would exempt law enforcement officers, licensed security guards and military personnel. Van Cleave said that’s not fair.
People exempt from the law “can all get plastered or high on illegal drugs and that’s OK,” Van Cleave said. “But if somebody like me is carrying a gun and has even sips of alcohol, then that’s a Class 1 misdemeanor. It’s like perks for government.”
McEachin said his legislation seeks to enhance public safety. Somebody who has been drinking or using drugs should not have a gun, he said.
“It does not matter to me whether it’s in your vehicle or on (your) person or anywhere under your control,” McEachin said.