Virginia Restaurant Employee Carry Question

Virginia Restaurant Employee Carry Question

This is a discussion on Virginia Restaurant Employee Carry Question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hello all!!! First off, I FINALLLLLLY got my gun...G26, Yay! Did the WallyWorld walk yesterday and picked up some cleaning supplies. On to my question...I ...

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  1. #1
    Member Array nkanofolives's Avatar
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    Virginia Restaurant Employee Carry Question

    Hello all!!!

    First off, I FINALLLLLLY got my gun...G26, Yay! Did the WallyWorld walk yesterday and picked up some cleaning supplies.

    On to my question...I work in a restaurant as a server in NoVa. Putting "restaurant/corporate policy" aside, Guests must OC if they come in to any restaurant that serves alcohol...I seem to remember reading something about employees being excluded from this law and that employees can CC while on the clock.

    Can someone help sort this out?

    Thanks!!!


  2. #2

  3. #3
    Member Array concealed's Avatar
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    I wonder how the courts would view a stockholder, as the term owner goes? I own stock in a company that is corporate owner of 5 of the big eateries in my area! Would be interesting to know.

  4. #4
    VIP Member Array NCHornet's Avatar
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    Stupid VA will allow the waiter to CC but not it's customers, but not as stupid as NC which forbids us from carrying at all in a eatery that serves liquor.

    NCH
    When Seconds Count, The Cops Are Just Minutes Away!!
    Carry On!
    NCHornet

  5. #5
    Member Array Spike32's Avatar
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    Hopefully we will convince the Governor of the error of his ways this year in VA. He had the bill to sign last year allowing CC in restaurants and vetoed it. Congrats on the G26. I carry a G33 and love the subcompact glocks.
    You'll rock, with a 357 Glock

  6. #6
    Member Array Colt 45's Avatar
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    Same thing in New Mexico.

    Max

    Quote Originally Posted by NCHornet View Post
    Stupid VA will allow the waiter to CC but not it's customers, but not as stupid as NC which forbids us from carrying at all in a eatery that serves liquor.

    NCH

  7. #7
    Senior Member Array Landric's Avatar
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    Quote Originally Posted by NCHornet View Post
    Stupid VA will allow the waiter to CC but not it's customers, but not as stupid as NC which forbids us from carrying at all in a eatery that serves liquor.

    NCH
    NC has an exemption for the owner of the establishment, employees hired to (or required to as part of their duties) provide security. I have a friend who owns a bar in NC, he perfectly legally carries at work every day.

    NC's law actually prohibits "Carrying into" an establishment that sells alcoholic beverages for on premises consumption. If someone who can legally carry into such an establishment (owner, LEO, etc.) does so, and then gives the weapon to someone else, that person would not technically be in violation of the statute. Of course, in the event of charges, that would have to be a defense in court, so its obviously not recommended.

    NC carry laws leave a lot to be desired, the above is just one of the many flukes in a series of laws that pre-date any sort of legal non-LEO concealed carry.
    -Landric

    "The Engine could still smile...it seemed to scare them" -Felix

  8. #8
    Senior Member Array Rmac58's Avatar
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    Quote Originally Posted by NCHornet View Post
    Stupid VA will allow the waiter to CC but not it's customers, but not as stupid as NC which forbids us from carrying at all in a eatery that serves liquor.

    NCH
    The wait staff does not partake of alcohol, well, they're not supposed to anyway.

  9. #9
    Distinguished Member Array GWRedDragon's Avatar
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    Quote Originally Posted by Rmac58 View Post
    The wait staff does not partake of alcohol, well, they're not supposed to anyway.
    Neither do I, but I can't CC.
    "Trust in God with hand on sword" -Inscription on my family's coat of arms from medieval England
    ---Carry options: G26/MTAC, PF9/MiniTuck, PPK/Pocket, USP40/OWB---
    ---NOTE: I am not an expert. If I ever start acting like a know-it-all, please call me on it immediately. ---

  10. #10
    Member Array user's Avatar
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    I would suggest getting something in writing from the management giving you permission to carry at work.

    NCHornet said,
    Stupid VA will allow the waiter to CC but not it's customers, but not as stupid as NC which forbids us from carrying at all in a eatery that serves liquor.
    What's really funny is if you're a drunken cop on duty, then it's ok to be carrying a concealed weapon in the bar.

    And as to Concealed's question,
    I wonder how the courts would view a stockholder, as the term owner goes? I own stock in a company that is corporate owner of 5 of the big eateries in my area! Would be interesting to know.
    My response as to Virginia law would be that there is a clear distinction between a stockholder and an employee. Nor is the stockholder an "owner", because the stockholder doesn't own the business, the corporation owns the business. So a court is likely going to treat the fact that one is a stockholder as inadmissible as irrelevant. You have to be an owner (as in a sole proprietor or partner), a manager, or an employee.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    Nothing I say as "user" should be taken as either advertising for attorney services or legal advice. Legal questions should be presented to a competent attorney licensed to practice in the relevant state.

  11. #11
    Member Array ncffp163's Avatar
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    Quote Originally Posted by NCHornet View Post
    Stupid VA will allow the waiter to CC but not it's customers, but not as stupid as NC which forbids us from carrying at all in a eatery that serves liquor.

    NCH
    Got that right
    NC CCH Instructor, NRA Instructor
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  12. #12
    VIP Member Array NCHornet's Avatar
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    All you NC members please join Grass Roots of NC so we can hopefully get some of these ridiculous laws changed in 2009.
    When Seconds Count, The Cops Are Just Minutes Away!!
    Carry On!
    NCHornet

  13. #13
    Member Array concealed's Avatar
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    Contact the Governor of Virginia to express your views on this issue. As a group professional and courteous letters can and will make a difference. Lets do it!


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