Veto Number 12
House Bill 1060 is a bill that relates to the carrying and possession of firearms and other matters pertaining to firearms in general. It was presented as a housekeeping bill to clarify certain provisions that were contained in HB 60 that passed the General Assembly in 2014 and which became law upon my signature. While I do not have serious concerns about most of the bill, I do have serious concerns about the change of policy contained in Section 4 relating to the carrying of a weapon or long gun into a place of worship.
Prior to the effective date of the provisions contained in HB 60 of 2014, carrying a weapon or long gun into a place of worship was a criminal act. HB 60 added a proviso that said it would remain a criminal act “unless the governing body or authority of the place of worship permits the carrying of weapons or long guns by license holders...â€
At the time HB 60 was being considered, I made it clear that I would not approve the bill if it required every house of worship to post a sign saying that weapons were not permitted. I was assured by the supporters of HB 60 that such would not be required and that only those houses of worship that affirmatively permitted weapons by the actions of its governing body or authority would be affected. In other words, unless a house of worship posted information indicating its permission to allow weapons inside, it would retain its status as an “unauthorized location†for weapons.
Section 4 of HB 1060 breaches the compromise contained in HB 60. If it were to become law, a house of worship would no longer be considered an unauthorized location for weapons, and any license holder could carry a weapon or long gun into a place of worship without penalty unless they refused to leave “upon personal notification by such place of worship that he or she is carrying a weapon or long gun in a place of worship which does not permit the carrying of a weapon or long gun.†This provision also completely reverses the process so that now it will be the places of worship that do not want weapons on their premises that must affirmatively establish such a policy, rather than the other way around.
Section 4 of HB 1060 is an encroachment on the peace and tranquility of those who attend houses of worship because they can no longer have the time-honored assurance that they are in a protected place that is free of weapons and long guns. In fact, quite the opposite would be true. Even the posting of a sign saying “No Weapons Allowed†would do no good. Therefore, only when the carrier of the weapon or long gun is personally notified that he or she is violating the policies of the place of worship will any action be taken. Surely religious leaders and their congregants would be shocked to know that weapons and long guns can be freely and legally brought into their houses of worship and that they can do nothing about it until they personally notify the armed individual that such is not permitted by the governing body of the place of worship.
This provision calls into question basic precepts about the Rule of Law. It would negate the age old principals that “everyone is presumed to know the law†and that “ignorance of the law is no excuse.†If that same approach were used in other settings, the speeding motorist could contend that he should not be guilty of speeding, although signs were posted on the roadway advising him of the limits, because no one personally notified him of those limits.
This section of HB 1060 should be especially objectionable to licensed weapon holders, since it is they who would be protected for not knowing that a place of worship did not permit weapons. It is the reputation of such licensed weapon holders as law abiding citizens who respect and adhere to the rules of society that convinced many to accept the expansive provisions of HB 60 in 2014. With this one section of HB 1060, that reputation will be severely damaged. Surely, such a respected group of citizens who go through the processes of background checks, fingerprinting and other requirements to obtain a license to carry a weapon do not want or need to be tapped on the shoulder in a place or worship and reminded that their pistol or long gun is not allowed. Those who pride themselves on being law abiding citizens do not need ignorance of the law to be an excuse for their actions.
For these reasons, I VETO HB 1060.
