Monday, April 18, 2011
Editorial: Gun foes a little too quick on the draw
Cuccinelli's opinion on allowing guns in churches shouldn't be construed as a power grab.
From the RoundTable blog
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A legal opinion by state Attorney General Ken Cuccinelli that could open church doors in Virginia to people with weapons is drawing heavy fire from religious leaders and others.
Democratic state Sen. Don McEachin of Richmond accused Cuccinelli of "once again" governing by fiat and imposing his own will over that of the people. McEachin promises a legislative remedy in the 2012 General Assembly session.
Virginians for Responsible Gun Laws spokeswoman Lori Haas said, "We look forward to working with Sen. McEachin and the faith community to reverse Ken Cuccinelli's end run around our legislature."
They should have at it. Because in this case, Cuccinelli is right.
The law as written is so vague -- barring weapons of all kinds in a house of worship unless a person has "good and sufficient reason" to carry one -- it's wide open to interpretation. Folks could come in an armored Humvee, if they could get it through the door.
Cuccinelli reasons that self-defense would be "good and sufficient reason" to bring a weapon to one's place of worship. For someone truly in fear for his life, many reasonable people would agree.
Cuccinelli is never hesitant to overstep his authority to take up right-wing causes, but he's not guilty of that this time. He issued an opinion in response to an official query from Republican Del. Mark Cole of Fredericksburg. That's what taxpayers pay the attorney general to do.
He also noted correctly that houses of worship are free to bar weapons.
McEachin accuses Cuccinelli of overruling elected representatives of the people because the legislature passed on a chance to change the law last year. Cole had sponsored a bill to allow concealed-carry permit holders to bring firearms to worship services with the permission of the faith leader. Even in the heavily Republican House, it died in committee.
Cole says he just wants to clarify a vague law. Cuccinelli's opinion counts, but it is not the final word. A.G. opinions are advisory. This one does not change the law -- but it gives gun-rights advocates support for their view that guns are permissible unless they are explicitly banned.
McEachin promises a bill next session to bar firearms in places of worship under any circumstances. That would be clear -- and present problems of its own. We hope he puts it in, though, and the people's representatives actually debate it and consider some change in the law. That's what taxpayers pay them to do.
