Col. Dick Black is running for Virginia's 13th District Senate Seat.  He has previously served in the Virginia House of Delegates.  The Republican Primary Election takes place on August 23, 2011.  We spoke with Col. Black about the Second Amendment and the Right To Keep And Bear Arms.

 

Gunleaders: You’ve been involved in Virginia politics for a long time.  Do you view Virginians as, basically, Conservative or Liberal where gun ownership is concerned?

COL. BLACK: I think they’re conservative and I think they’re becoming more conservative all the time.  If you go back, oh let’s say, ten or fifteen years, particularly in Northern Virginia, there’s intense anti-gun sentiment.  But I think, in particular some of the work I did, broke the back of the anti-gun movement.

Gunleaders: If elected, what restrictions on the right to keep and bear arms would you help gun owners repeal, i.e. redundant laws between State & Federal?

COL. BLACK: Well yeah, absolutely.  We don’t need any redundancy.  The purpose in creating redundant legislation, really, is to make it that much more difficult for gun owners to exercise their Second Amendment Rights.  As far as the court houses are concerned, I would favor checking the guns in lock boxes when people go in.  In most public property, I think, firearms should be permitted.  If you look at the history of gun violence in America, the greatest acts of gun violence are committed in gun free zones; post offices, public schools, universities, places like this where law-abiding citizens are disarmed and only those who are intent on creating mayhem have the ability to carry firearms.  That’s where the greatest gun violence occurs in America.  And so, I think, where ever we can tear down the restrictions on the Second Amendment, I think we should do it.

I’d probably make an exception for actually having people carrying firearms inside of court houses simply because those are such emotionally charged situations and I think it does make sense to have people walk through the metal detectors, because, frankly, you have a lot of criminals who are in the court houses too.  You don’t want them to just be able to just be able to walk on in with concealed carry.  But most places I favor concealed carry so that you’ve got law abiding citizens who can deal with situations when they arise.

Gunleaders: What pro-gun laws would you work to advance and see passed, i.e. Castle Doctrine, also laws that would prevent over zealous Commonwealth’s Attorney’s from prosecuting those who use firearms for self defense.

 

COL. BLACK: Let me start with Castle Doctrine.  I have had a confrontation, back when I was 18 years old, I came home and there was a burglar in the house and I chased him out the window with a snake hook.  He pulled a knife and we had a running knife fight and, eventually, he tried to slip through a hedge and lost his focus, which is something you never do in a knife fight, and I was able to swing with full force and I drove the snake hook about four inches in his shoulder.  It left me acutely sensitive to people coming into your house and, afterwards, I slept with a locked and loaded rifle next to the bed and every time I’d hear a sound in the house I was at the window.

There are many very dangerous neighborhoods in this country and in the Commonwealth.  And the idea of not allowing people to have free reign to protect themselves against intruders is a terrible thing, it’s very frightening for some people.  The beauty in the Castle Doctrine is that-- now in Virginia, if you shoot somebody when their breaking into your house, they (emphasis added) may have difficulty prevailing in court, but in the end, you end up with attorney’s fees of fifty thousand dollars so that you can ward off some troll who is trying to commit a crime.  The nice thing about the Castle Doctrine is that you create a bright line and you say "look, if you’re going to break into somebody’s house, they’ve got a right to kill you".  It’s just that simple.  And I support the Castle Doctrine, actually I’ve introduced Castle Doctrine legislation in the past, but I think back in those days there was more anti-gun sentiment than today.  Today, people are more receptive and I think we’re getting closer to where we can pass it.  Because I had this personal experience with confronting somebody, in the house, you know, I was fortunate, I came out on top of it.  Frankly I went beyond the Castle Doctrine because I chased the guy through the neighborhood before I got him, but I feel intensely about that and that’s one that I’m going to focus on in particular.

I’m concerned, and I don’t have the exact solution to it, but in Virginia, and we’re a Dillon Rule State, and I was the person who enacted the pre-emption law, which really broke the back of the anti-gun forces in Virginia.  And, basically what it did was, it swept away 40 years of local anti-gun regulations, but some of them still remain on the books, even though they’re not effective.  In fact, there are some places where you have individual supervisors who will offer up new gun regulations and they get them passed sometimes.  They’re totally illegal.  I don’t know the solution, but we need to come up with a solution to county boards of supervisors that enact legislation in clear defiance of State law.  We’re seeing this also with other types of law, but gun laws are among the top and I think there needs to be some effective remedy and perhaps something that reimburses groups like VCDL or Gun Owners of America or NRA or any of them,-- reimburses them the legal fees when they challenge these unlawful regulations.

Gunleaders: Would you draft, support and get passed a Constitutional Carry law in Virginia and do you believe you can lead a coalition of supporters for Constitutional Carry?

COL. BLACK: I would be willing to do that.  Whether we can get that, far I don’t know. There certainly is more strength behind constitutional carry today than there would have been several years ago.  I don’t know whether we’ve reached the point, you know, whether we can get that through or not.  The whole idea of constitutional carry is based on the notion of the Second Amendment giving us the right to keep and bear arms.  It doesn’t place restrictions on it.  Just like the First Amendment gives you the right to free speech, it doesn’t say you first have to get a permit for it.  I think there’s very sound, compelling logic behind constitutional carry and I would certainly be willing to help lead a charge on that.  We’ll just have to see.  I think we’re closer on the Castle Doctrine.  It’s the trial attorneys who dislike the Castle Doctrine; because they know when somebody has to defend themselves that the attorney’s going to pick up a sweet legal fee on that.  But, yes, on constitutional carry I’m an enthusiastic supporter of that.

Gunleaders: Attorney Ken Cuccinelli is supporting you and the other Republican candidates.  Given that he stated, before he was elected AG, that he would not represent George Mason University in any suit prohibiting on campus carry and then, after he was elected DID represent them, against carry by law-abiding gun owners, do you think his endorsement will hurt the Republican’s campaigns?

COL. BLACK: I don’t think it’s going to hurt.  I honestly couldn’t tell you his complete rationale’ behind the representation of George Mason.  The fact of the matter is that some of the things that the Attorney General does are compelled by law so, I’m not really capable of speaking authoritatively on that issue.  Frankly, I think the fact that by a series of coincidences with all the changing of the redistricting lines, the fact that he’s endorsed everybody has pretty much neutralized the whole thing.

Gunleaders: Several years ago, Virginia Speaker of the House, Bill Howell, repeatedly stymied good pro-gun legislation using all manner of parliamentary tricks and famously told gun owners “If you’re not happy then see what you get with a Democratic House & Senate”.  Gun owners did elect a Democratic Senate and were rewarded with the end of the restaurant concealment ban.  If gun owners elect you, will you stand up to the Republicans and Speaker Howell if they try to thwart pro-gun legislation?

COL. BLACK: For most voters, they listen to promises by somebody and then they just have to imagine what might happen if the guy’s actually elected.  For me, I spent eight years in the House of Delegates; every year that I was in, I introduced pro-gun legislation.  I introduced, one year, I think it was the first year I was elected, I was in a very anti-gun district and yet I introduced the restaurant carry repeal.  Now that was probably as controversial a piece of legislation as the gun rights movement had at that time.  When I discovered that the Parks Service had imposed a ban on concealed carry in State Parks, I took that to the Attorney General and I said ‘I don’t see any legal foundation for the regulation’.  At the time Randy Beales was the Attorney General, he sent back a lengthy opinion and said “no, that is fine, the ban in State Parks is legally effective”.  I went back, when Attorney General Kilgore was elected and I told him ‘look, I received this answer from your predecessor and I think he’s wrong’.  I challenged it and with the help of Mac Macklin, we drafted an opinion and submitted it and said we think this should be the position of the Parks Department. and Attorney General Kilgore agreed with me and he sent back a response and said I agree that the State Parks Authority does not have authority to restrict valid permits within State Parks.  I then wrote to then Governor Mark Warner and he said, and he was writing to the Director of Parks and Recreation, “Dear Mr. Maroon, I have reviewed Mr. Kilgore’s recent opinion letter to Delegate Richard H Black regarding the authority of the Department of Conservation and Recreation to issue a regulation to holders of valid permits from carrying concealed weapons within State Parks”.  Then he goes on to say what the opinion was and then he finally says “...in view of the fact that...” my position was correct, “...the Department should notify all State Park officials immediately of this change....”.  Which is, “....therefore I’m directing Conservation and Recreation to cease enforcement 4VAC30-200, with respect to concealed handguns by valid permit holders.  The Department should notify all State Park officials immediately of this change”.  And he said “I further direct the department to amend the regulation through the administrative process to bring it in conformity with Attorney General Kilgore’s opinion”.  That was under Governor Mark Warner.  Understand that it has taken them until just this year for the Act to actually be amended and pull it out of there.

My point is that I have a history of challenging unlawful, anti-gun regulations, of enacting firearms pre-emption, which is probably the most important firearms bill passed in the last quarter century.  So people don’t have to say, “I wonder what Dick Black will do?  I wonder if he’ll be one of these guys who will simply get our vote and then forget about us?”.  This is what I believe.  I would not be talking to you today if it were not for a Winchester M-14 that I carried in the jungles of Viet Nam - had a gun battle at point blank range with a guy who had come up behind me and I just happened to be a lot faster than he was, whirled around, fired and hit him in the forehead.  So, I’ve got to tell you, you can listen to all the politicians chatter that you want, but I’m not a guy that listens to politicians because they tend to be loose with the truth.  I like to see what have people done, what actions have they taken.  What have they done to advance the cause?  And if the answer is nothing then their words ring pretty hollow with me.

Gunleaders: I take it your short answer is yes, you will stand up to Speaker Howell?

COL. BLACK: I will stand up to anybody who stands in the way of improving our firearms rights and enlarging our access to the Second Amendment.

Gunleaders: The Justices of the Virginia Supreme Court are appointed by the Legislature when in session.  Would you ensure that a person nominated to be the next Justice of the Supreme Court fully supports the militia clause and the right to keep and bear arms under Virginia’s Constitution as understood by the Founding Fathers of Virginia.

COL. BLACK: Yes, I would.  Technically speaking, the Justices, in Virginia, are actually elected by the Legislature.  There are some exceptions when the Legislature is not in session, but as a general rule they are elected by the Legislators and I am always looking for the most conservative jurist to be put on the bench, those who are strict constructionist.  I want people who will follow the Constitution and the law and the Constitution of Virginia is very clear on the Second Amendment and our laws are improving constantly.  So, yes, I have an inherent dislike of creative jurists who believe that the Constitution is a living, breathing document, because the only thing living and breathing is the judge, and that means that his opinion is all that we’ve got to rely on.  And I want us to be able to stand on legal authority that we have duly enacted in the Legislature.

Gunleaders: Would you support legislation that would expressly abrogate sovereign immunity to allow an individual to have a legal remedy by lawsuit against the Commonwealth to enforce any firearms laws or privileges enacted by the General Assembly through the General Laws?

COL. BLACK: What I would support is legislation that facilitated people challenging unlawful ordinances or statutes and allowing them to recover their attorney’s fees when that occurs.  The problem that we’ve got is that in so many of these areas, you look at a particular piece of legislation or a particular ordinance; you know that it is outside the Constitution and yet, to challenge it is so enormously expensive.  I have sued the Governor, twice, I’ve sued Governor Warner once, when he did his huge enactment of taxes and Delegate Bob Marshall and I sued him, and we didn’t succeed, but when he won he tried to get his attorney’s fees from our families.  We then sued Governor Tim Kaine, when he had passed, with the help of a lot of Republicans, House Bill 3202, which enacted 14 new taxes and established taxation without representation.  Now, we defeated him with a 7-0 vote, but it was enormously expensive and we were constantly in the fund raising mode to do it.  I think what we need to do is to provide a situation where, in certain areas, and particularly with these firearms ordinances, that the person who sues and wins can recover their attorney’s fees.

Gunleaders: Would you support legislation that would remove the authority of state agencies, including colleges or universities, to regulate firearms, by regulation unless expressly authorized by the General Laws?

COL. BLACK: Yes, I would.  I think that is the way that it should be.  When an agency issues a regulation, to be lawful, the regulation has to derive from one of two sources, either from a statute that gives explicit or implicit authority to enact the regulation.  The other thing is where there is a case where there is a something so inherent in the nature of the activity that anybody would just understand that they have the authority.  For example, we know that private owners can post a notice and they can declare that it’s a trespass for somebody to go into their store or their restaurant with a firearm, that’s the law.  Frankly, though, I don’t think it’s lawful for some of these government entities to issue their own regulations.  Take VDOT, VDOT doesn’t need regulation to paint center lines down the highway because painting center lines is inherent in the nature of their enterprise.  But, controlling concealed firearms is not in the inherent authority of government agencies.  I think you can make an argument that when you talk about prisons and you talk about courthouses, places like that where security is such an inherent part of what they do, I don’t think they need to have specific regulatory authority.  Where you get to other government agencies, I honestly believe they do require specific statutory authority to regulate the carry of firearms.