Republican Del. Todd Gilbert (courtesy washintonpost.com)

“Virginia’s Republican-led House of Delegates has approved a bill that would allow people who are protected by a protective order to carry a concealed handgun without a permit,” wdbj7.com reports. “The House approved Republican Del. Todd Gilbert‘s bill with a 68-29 vote on Wednesday. It heads to the GOP-controlled Senate. Genius! If Michael Bloomberg’s anti-ballistic BFF, Virginia Governor Terry McCauliffe, vetoes the bill, he will be seen as anti-gun in a War on Women kinda way. If he doesn’t, even better. HB 766 — Concealed handguns; carrying with a valid protective order — stipulates . . .

If during the period set forth in subsection A the person issued the protective order applies for a concealed handgun permit, the prohibition against carrying a concealed handgun in clause (i) of subsection A of § 18.2-308 shall not apply to such person for an additional 45 days from the date of the application. The clerk shall certify on the application that the period has been extended for an additional 45 days from the date of the application and shall indicate the date on which the period expires. A copy of the certified application shall be given to such person and shall serve as a de facto permit. The clerk shall expedite the processing of any application for a concealed handgun permit submitted by a person in accordance with this subsection.

Failure to display the order or certified application and a photo identification upon demand by a law-enforcement officer is punishable by a $25 civil penalty, which shall be paid into the state treasury.

This raises a question: if it’s OK for Old Dominion residents under a protective order to carry a firearm without mandatory training (which may be taken online without live fire training), why not Constitutional Carry for all? Why not indeed.

Meanwhile, for creating a baby-steps-to-CC bill that puts the civilian disarmament industry in a pickle, Virginia Republican Del. Todd Gilbert earns TTAG’s Gun Hero of the Day award. Easily.

RELATED ARTICLESMORE FROM AUTHOR

48 COMMENTS

  2. Good for Mr. Gilbert, he’s the real deal, and I’m proud to say he’s my Delegate. If only more politicos were cut from the same cloth.

  5. Virginia state law stipulates a CHP application must be approved within 45 days or else the application. If the application is not approved in that time, the receipt you get when applying becomes the de facto permit. So the HB 766 situation should not ever happen — to a person with a protective order or otherwise. Unless my feeble brain is missing something in the legalese.

    Now, as to Del. Gilbert’s bill — don’t count on big city VA papers spinning it as a war on women, because they would just have the gun turned against them and stuff. Then again, the papers here have never warmed to T’Mac. WaPo refused to endorse him for governor. That was pretty cold.

    • Actually, the way I read it makes it look like that the person getting the order will be able to carry during that 45 day lead up. In other words, all they need to carry is simply to apply for a permit, and will be able to carry while they await its approval. It’s just written in legalese.

      • The 45 days is just the upper limit on how long the county govt can take. It never takes anywhere near that long in practice. They usually turn them around in 14-21 days.

        • So glad Blacksburg turns it around so fast. Up here in the big city, renewals and applications always take the max 45 days, at which point, it’s “in the mail” for another week.

        • My first permit was as you guessed in Montgomery County. Since then I have gotten renewals in two other counties and they have been equally fast.

          If you don’t have a permit or rejection in hand at the 45 day mark then your application serves as a permit as I understand it.

      • Sweet Home Alabama! Walk in, pay, walk out, done. Ya even get a spiffy card with your picture on it. It’s also reconised as as 2nd form of ID if needed. Anytime I’ve been thru a DUI or “safety” roadblock, I hand them my CC and my DL. Never saying the word “gun” Officer looks at it and say’s have a nice day and waives me thru. Nice to live in Alabama.

  6. So people could start applying for protective orders willy nilly as an end-run. Not necessarily a great scenario.

    • That’s a potential unintended consequence, though anyone so calculating might have done something vile like that, anyway. Making false claims to get a retraining order against someone, so you can create an apparent emergency need to carry a self defense sidearm, could become a self-fulfilling prophecy.

    • Why is it necessary for people to game the system to carry a self defense option and exercise their civil rights?

    • Eh I don’t think so, especially since the concealed handgun application still has to be submitted. When I got mine back in 2010 it was about a week before I got it back. It’s not worth taking out a protective order on somebody to save five days, epecially as open carry is an option.

      Granted I think constitutional carry should be in place.

      And for those wondering, there are three main tiers of protective orders in VA. First is an Emergeny Protective order. Anyone can go to the magistrates office and attempt to obtain one, they must articulate they are reasonable fear of physical harm from an individual. That ones good for three days, but if days where the courts are closed (weekends and holidays) are in those three days the expiration date is extended so that there are three business days in that time frame.

      During that time frame the petitioner can attempt to get a preliminary protective order which is good for two weeks, then during that time frame they can petition for a permanent protective order good for two years. The judge is seen for both the permanent and preliminary and my understanding is the respondent gets a chance to testify at the permanent hearing.

      • I really dont think “constitutional carry” is worth the political capital at this time since Virginia is already so close to constitutional carry with no permission required open carry for anyone 18 and up (except prohibited persons) and shall issue permits that have a typical turn around of 2-3 weeks. Anyone that wants to carry a gun in VA can very easily so I’d rather spend the political capital on other things.

      • It sounds like the whole idea is for people who have suddenly discovered they need a gun RIGHT NOW!, possibly because the judge who issued the restraining order told them so. Waiting a week may be a really bad (fatal) idea.

        • Right. I wasn’t saying I thought this particular bill was a bad bill. I like it and it makes sense. I haven’t read the full text so my main question about it is if the person receiving the protective order is a prohibited person, what happens. If they dont already have a gun, then its obvious (they cant buy one at a gun store so the law has no practical effect). But if they do have a gun, can they now legally carry it for the 1-3 weeks until their CHP gets denied. Probably doesn’t really matter honestly, but it was a question that popped in my head when I heard about the bill on the radio earlier this week.

        • If they are a prohibited person they still can’t legally carry it; they are a prohibited person… so… prohibited.

  8. I hate to be the stick in the mud, but I REALLY do not like this.
    “All animals are equal but some animals are more equal than others.”
    The only way I would not squeal like a pig over this unless is if it is a step toward constitutional carry or ending the Lautenberg Amendment.
    Domestic restraining orders are highly abused (I practiced domestic law until I had children) so I know the game.

  9. In the next GOP debate, Marco Rubio should ask Chris Christie if he would support such legislation in his state…. And bring how it would have been helpful to Carol Bowne.

    Christie is a tyrant in R clothes.

    • I believe that Christie has directed the legislature to enact (Carol Bowne’s law) changes to push the permitting system to quickly approve those who apply while subject of a protective order. But in NJ it’s not likely to get anywhere.

  11. We are going to have to force pro-gun rights laws down the anti’s throats, there are no two ways about it.

    Logic, appeals to reason, and debate with do nothing to sway them from their purpose.

    We are trying to have a fair fight with people who don’t want a fair fight. If we don’t get forceful, and bring the fight to them, then our own complacency will be our undoing – you cannot win a war with defense alone.

  12. Each one of these laws, and those restricting our right to self defense, pulls at the threads of logic. There is no logic in the restricting of a right at all. Either you are or are not a citizen. Either you are or are not a human being. There are absolutely no laws that restrict any other right. Why is the natural, civil, and Constitutionally protected right to self defense held in such low regard?

    • Of course! Don’t you know women are too frail and dumb to use guns, and studies show that guns blow up and kill their owners 312 times more than they’re used in defense? It’s just Common Sense(TM)*.

      *”Common Sense” is a registered trademark of Moms Demand Action, a wholly owned subsidiary of Bloomberg Enterprises, Inc., and may only be acceptably used by employees and affiliates of Bloomberg Enterprises. Bloomberg Enterprises reserves the right to change the meaning and use of the trademark without notice. Situations described using the trademark do not necessarily represent actual realities of those living or dead, and have been fictionalized for dramatic purposes.

  14. Carrying a weapon should be a proactive not a reactive decision. You should never buy or carry a weapon out of fear but rather a steeled resolve never to be a victim. To do otherwise is courting disaster.

  15. A funny thought just occurred to me. I could hear the wails of the usual suspects to the effect that these poor protective-order protected women would just have their own guns turned against them. And it hit me–these same people doing the wailing are probably–almost certainly– people who think putting women in combat roles in the military is a good idea. And if they can’t pass the training–well, make the training easy enough for them to pass. Go figure.

  16. If this bill doesn’t pass the Senate, McAuliffe will not have to sign or veto it. I expect that the Demons will do everything in their power to prevent their Governor from being faced with two Democratically-unpalatable choices.

  17. I guess. As mentioned above could gals “claim” abuse/stalking as a ruse? A right for all-all the time…

  18. This: “The House approved Republican Del. Todd Gilbert‘s bill with a 68-29 vote on Wednesday. It heads to the GOP-controlled Senate. Genius!”

    Yes, genius. And their tears. Sweet, sweet ambrosia to me. You wanna play, let’s play.

    Hook them on the contradictions of their convoluted posturing. Their positions don’t hold up, because their positions don’t hold up. If you declare a victim class needing protection (women), make an issue that needs fixin (war on women), well, here are some ideas to help with that. Oh, you don’t want them helping themselves, you want them having problems so that you can fix it for them (the little, helpless darlin’s), less “carrying charges” of course.

    If women are strong, needing protection only because they are stopped from helping themselves, let’s get out of the way and let them help themselves. Hey, strong enough to be in any combat role in the military, so, … they can’t have guns at home?

    Of course, if the boneheads say “yes” to this, then why keep guns away from other peaceful people at risk, or who feel themselves at risk?

    There’s even leverage on bullshit “protective orders.” Hey, these are things with consequences, so if someone demands one for no reason, maybe they shouldn’t get one. Now the rest of us, not just the designated BG, have consequences from a protective order – if there’s another gun out there when you do this, maybe the “all accusations should be believed without question” folks will, you know, maybe question a thing sometimes.

    There may be arguments for this restriction or that, for protective legal interventions, for all manner of things. BUT, when “they” choose to use calumny, misrepresentation, name-calling, and the endless waving of bloody shirts … beat them up with their own contradictions. When “they” choose to work any aspect of the legal or legislative system to make it hard for people they don’t like … point their Frankenstein monsters right back at them.

  19. There was as a Constitutional carry bill on the table, but I believe it got shot down in the senate.

    • It was indeed.

      Thanks to a single Republican (forgot his (not worth remembering) name), siding with the Dem’s, the Leftanant Governor cast the tie breaking vote…hence, we lost.

Comments are closed.