Virginia OKs gun carry on trains

[OakRidgeStars]

http://tinyurl.com/ksqzlu

Virginia OKs gun carry on trains
September 19, 10:53 AM
DC Gun Rights Examiner
Mike Stollenwerk

With all the howling this week over at the New York Times Editorial
Board about Senate passage of the Wicker Amendment, its refreshing to
learn that the Board of Directors of the Virginia Rail Express (VRE)
voted yesterday to let train riders carry loaded guns. While the
Wicker Amendment passed by the Senate this week requires AMTRAK to let
train riders check their unloaded guns in cases onto trains as is done
by the airlines, the VRE Board passed a resolution just two days later
(September 18, 2009) to let riders carry loaded guns.

The new official policy just conforms VRE regulations to Virginia law
which is like that of most states, requiring a permit to conceal
handguns, and requiring that those open carrying handguns be at least
18 years of age (no permit required). But citizen carry of loaded
guns on trains in the DC Metro areas is not really new news.

The Washington Metropolitan Area Transit Authority (WMATA, pronounced
"wamata) has consistently confirmed that WMATA only enforces state or
DC gun laws on its trains, so in Virginia the train carry rules are as
stated above, and in Maryland, one needs a carry permit for both open
and concealed carry. And in fact, almost every state follows either
Virginia or Maryland style carry laws on trains.

It is of course unlawful under federal law at 18 USC 922(e) to use a
train or other common carrier to ship and deliver a firearm "in
interstate or foreign commerce, to persons other than licensed
importers, licensed manufacturers, licensed dealers, or licensed
collectors." But this is the familiar federal rule applicable by
vehicle or on foot as well - since 1968 federal law has mandated use
of the gun dealer network to execute interstate gun transfers, though
intestate transfers are exempt, and of course folks are free to set up
residences in other states and can then sell their guns to others
living in that state in private sales. See generally 18 USC
922(a)&(b).

However, as is the case in vehicle or foot travel, nobody commits a
crime under federal law (unless you count DC law) for merely traveling
the country while carrying your loaded gun on AMTRAK. And while this
may violate AMTRAK's non-criminal "rules," these rules are
constitutionally questionable under the US Supreme Court's decision in
Lebron v. National R.R. Passenger Corp., 513 U.S. 374 (1995) (holding
that where the Government creates a corporation by special law (i.e.,
AMTRAK) for the furtherance of governmental objectives, and retains
for itself permanent authority to appoint a majority of that
corporation's directors, the corporation is part of the Government for
purposes of the First Amendment).

Interestingly, the AMTRAK rules only purport to ban carry of guns in
"checked and carry-on baggage," not handguns carried on your person.
AMTRAK further warrants that any passenger may refuse search or ID
checks and "and a refund will be offered."

So hats off to the VRE Board for doing the right thing and clarifying
that commuters can carry guns on trains just like they can off the
train. And hats off to Senator Roger Wicker (R - Mississippi) for
pushing AMTRAK to allow riders to check unloaded guns - after all, who
wants to hold that long gun in your arms for hours and hours on the
nice and comfortable Acela Express?

But let's just hope the House of Representatives passes the Wicker
Amendment "as is" and not with any rider purporting to ban the
currently legal carry of loaded guns by passengers on AMTRAK trains.

[zephyp]

Kudos to VRE I can hear the liberal comments already:

Great, now it will be like the wild west with shoot outs on the VRE.

This is just plain stupid.

I am no longer riding the VRE. I'm walking to work from now on!

Guns should just be banned - enough said.