Another marginal situation

This is a discussion on Another marginal situation within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Yes, I have read the law, and think I was technically wrong - your opinions are solicited. I have a NC CHP and was working ...

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Thread: Another marginal situation

  1. #1
    Ex Member Array MadMac's Avatar
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    Another marginal situation

    Yes, I have read the law, and think I was technically wrong - your opinions are solicited. I have a NC CHP and was working in NoVA. I had a breakfast meeting at a Courtyard by Marriott hotel. I was cc.

    As we sat in the breakfast area, I noticed an evening-time bar area in the next room. The room was dark, and everything was locked up. There were no booze bottles in the open as they were all locked away. There were not even beer taps as they apparently only serve bottled beers at night. We sat in the breakfast area. Is this technically a place where alcohol is served for consumption and I should have disarmed before entering the hotel?

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    First off IANAL, but I would say you were fine, as long as where you were seated is not part of a restaurant/cocktail area. Most hotels I have been in have a separate breakfast area that is technically part of the lobby. I'm assuming this the area you were in from the description. Carrying concealed in the lobby is not a problem, just like carrying in your room isn't.
    Even if it is considered part of the restaurant (VA does not have "bars" per se), you are not required to disarm, only not allowed to conceal carry. You can do the VA tuck and continue on with your business.
    Last edited by archer51; March 11th, 2009 at 11:53 AM. Reason: added info

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    Ex Member Array MadMac's Avatar
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    Thanks - I thought I might be OK given that the bar area was separate, and they didn't offer evening meals where they would bring you wine or beer.

    The only problem I have with the "VA tuck" is the fact I am usually in a suit and tie or at least a jacket with dress slacks and an open collar. If I remove my jacket before entering and sit with a client, I am now letting all my clients know I cc and am no longer "the grey man". I prefer to keep my status to myself and my wife.

    Also, is there any difference between the "VA tuck" and brandishment? Do I need to remove my jacket in the car? Does taking it off while standing outside my vehicle constitute brandishment if someone is watching?

    I usually wear my EDC Kimber Ultra CDP IWB with a SuperTuck. It really just displays the small officer's grip when I OC. Is that OC enough, or should I consider switching to OWB for the "VA tuck"?

    Sorry for all the questions - I'm a n00b to all this.

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    don't be worried about asking questions.....thats what this is for!

    good luck!
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    The VA tuck is nothing more than placing your weapon in a position where it can be recognized as a gun, usually by placing the shirt between the grip and your body. Very different than brandishing it. Below is the law on brandishing and also Websters definition of brandishing. I don't usually remove a jacket until right before I enter the building. If warm enough that I do not wear a jacket I wear my shirt untucked, then just reposition the shirt behind the weapon, so the grip can been seen.

    § 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

    A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.
    Main Entry: 1bran·dish
    Pronunciation: \ˈbran-dish\
    Function: transitive verb
    Etymology: Middle English braundisshen, from Anglo-French brandiss-, stem of brandir, from brant, braund sword, of Germanic origin; akin to Old English brand
    Date: 14th century
    1 : to shake or wave (as a weapon) menacingly
    2 : to exhibit in an ostentatious or aggressive manner
    Last edited by archer51; March 11th, 2009 at 12:17 PM. Reason: clarification

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    VIP Member Array mcp1810's Avatar
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    VA is an open carry state so taking your jacket off should not be a problem.
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    VIP Member Array tns0038's Avatar
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    I don’t live in VA or NC, and I have no knowledge of their laws, but If I was where you where, I would.

    My thoughts about some of the other posts

    I wish Florida would go back to open carry, with a requirement that you have a CCL. Use to be but stopped open carry shortly after the approved a CCL law.
    Having to open carry in a restaurant that serves beer is ridiculous, if anything it should be the other way around.

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    VIP Member Array paramedic70002's Avatar
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    Quote Originally Posted by MadMac View Post
    The only problem I have with the "VA tuck" is the fact I am usually in a suit and tie or at least a jacket with dress slacks and an open collar. If I remove my jacket before entering and sit with a client, I am now letting all my clients know I cc and am no longer "the grey man". I prefer to keep my status to myself and my wife.

    Also, is there any difference between the "VA tuck" and brandishment? Do I need to remove my jacket in the car? Does taking it off while standing outside my vehicle constitute brandishment if someone is watching?
    Virginia is so fashion blind when it comes to guns. Maybe Cosmo or GQ could lobby the Governor...
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    VIP Member Array Eagleks's Avatar
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    Here, you can carry in any bar..... as long as they don't post an approved sign. However, you cannot be under the influence while carrying.

  11. #10
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    The only cure for our esteemed Va Governor is a new election. As some one once said, "You can't fix stupid" but, we can and will vote it out of office.

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