VA question?

VA question?

This is a discussion on VA question? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; So I was in the mall tonight with my wife getting some dinner and we came upon a good question. VA law does not allow ...

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  1. #1
    Member Array Red82's Avatar
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    VA question?

    So I was in the mall tonight with my wife getting some dinner and we came upon a good question. VA law does not allow you to conceal carry in a restaurant that serves alcohol for consumption. So we're in the food court and they have a Sbarro's who serves beer, but you're not allowed to take it out of their little section. So if I'm carrying and want Sbarro's while at the mall does that mean i should do the VA tuck when I enter Sbarro's section even if I'm not sitting in their section of the food court ?

    I would assume so but figured I'd poise the question to you guys.
    Protection is a responsibility not just a right.


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    Member Array titleist's Avatar
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    VA-Tuck it. They had to partition the food court for a reason, and I bet the VABC license is it. It's gotta play by the same rules as the rest of the Commonwealth, as there are no exceptions listed in 18.2-308 that I've seen. What mall, out of curiosity? All the malls I've seen, Sbarro has their own little "restaraunt" in lieu of the court style setup.

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    Senior Member Array Tom357's Avatar
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    Quote Originally Posted by titleist View Post
    VA-Tuck it. They had to partition the food court for a reason, and I bet the VABC license is it. It's gotta play by the same rules as the rest of the Commonwealth, as there are no exceptions listed in 18.2-308 that I've seen. What mall, out of curiosity? All the malls I've seen, Sbarro has their own little "restaraunt" in lieu of the court style setup.
    Yep. If you are in the premises of a restaurant where a VABC license applies, tuck. Even in a mall food court, that VABC license applies to a certain space, and if you are in that space, the law is clear.
    - Tom
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    Quote Originally Posted by ronb5538 View Post
    As someone else's signature says: "Always carry - Never Tell!"

    If you carry concealed, go about your business everywhere. You can always 'uncover' if necessary.
    Very bad advice here. To enter a place that serves alcohol for on premise consumption with a concealed weapon is in violation of the law. You risk arrest and loss of your permit. Not to mention the light you put other permit holders in.

    Do the VA tuck and continue with your business while in their area. Once you leave their area conceal it again.

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    The statute uses the term, "restaurant". "Food court" or "special area within the mall for consumption of food" does not appear.

    I would advise caution, since it's better not to be arrested at all than to have a good defense at trial.

    That said, my opinion is that an area in the mall is not a "restaurant", and in a criminal prosecution, the tie is suppose to go to the runner ("If it dudden fit, you mus' acquit!"). The prosecutor would have to put on evidence not only that the area in question is, in fact, a restaurant, but also that you had reason to know it was a restaurant, and the finder of fact (whether judge or jury) would have to be convinced beyond a reasonable doubt of both of those elements.

    Buying your food at a carry-out-only restaurant for consumption elsewhere, even if the elsewhere is a special area set aside in the mall, doesn't involve that statute.

    Btw, if the mall has one of those "no guns" stickers on the door, you could be hauled out by the police for trespassing if someone sees the gun and complains to the security rentacops. And criminal trespass in Virginia is a class-one misdemeanor, good for up to 12 months in a county jail and a $2500 fine. (Adultery on the other hand, is a class four misdemeanor, for a $250 fine).
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

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    Member Array Red82's Avatar
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    Well in VA guns aren't an issue but I figured to Va tuck like everyone else said. Thanks everyone!
    Protection is a responsibility not just a right.

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    New Member Array emvair's Avatar
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    Excuse my stupidity, but what is the VA tuck that's mentioned in these posts?

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    VA Tuck is when you're carrying IWB, and tuck your jacket or shirt behind the grip, making it visible.

    As to why it's called that, I have no idea.

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    New Member Array emvair's Avatar
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    Thanks Riana for the explaination.

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    Member Array Red82's Avatar
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    Quote Originally Posted by Riana View Post
    VA Tuck is when you're carrying IWB, and tuck your jacket or shirt behind the grip, making it visible.

    As to why it's called that, I have no idea.
    It's because in VA you are allowed to open carry into certain places... like a restaurant that serves alcohol... but you are NOT allowed to conceal carry in there. So people who have been CCing tuck the shirt behind the gun. It just kinda became prominent in VA and got its name.
    Protection is a responsibility not just a right.

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    Quote Originally Posted by Red82 View Post
    It's because in VA you are allowed to open carry into certain places... like a restaurant that serves alcohol... but you are NOT allowed to conceal carry in there. So people who have been CCing tuck the shirt behind the gun. It just kinda became prominent in VA and got its name.
    What a "bass akward" law!
    Maybe someday they'll look at the stats in states like Nevada and see the CC in bars/casinos etc. has never been a problem and dump that restriction.
    ALWAYS carry! - NEVER tell!

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    Member Array Red82's Avatar
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    hey at least we can carry at all. I don't really mind OC but I totally agree. The state senate actually just passed a law repealing that part but our great and wonderful governor Kaine... spokesperson of the DNC... vetoed it. Cause he's retarded.
    Protection is a responsibility not just a right.

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    Quote Originally Posted by Thumper View Post
    What a "bass akward" law!
    Maybe someday they'll look at the stats in states like Nevada and see the CC in bars/casinos etc. has never been a problem and dump that restriction.
    The last 2 years a bill to allow CC in restaurants has passed. Each year the idiot we have as governor has vetoed it. Unfortunately the votes weren't there to over ride the veto. Thank God the idiot is out of office in December!

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    Quote Originally Posted by archer51 View Post
    The last 2 years a bill to allow CC in restaurants has passed. Each year the idiot we have as governor has vetoed it. Unfortunately the votes weren't there to over ride the veto. Thank God the idiot is out of office in December!
    There's certainly no shortage of idiots in politics!
    We have one here that's been a particular pain to gun legislation but is finally on his last term too. Bye bye Bernie Anderson!
    ALWAYS carry! - NEVER tell!

    "A superior Operator is best defined as someone who uses his superior
    judgement to keep himself out of situations that would require a display of his
    superior skills."

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    Member Array Fenris's Avatar
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    Quote Originally Posted by Riana View Post
    VA Tuck is when you're carrying IWB, and tuck your jacket or shirt behind the grip, making it visible.

    As to why it's called that, I have no idea.
    It is called this because VA has a very stupid law. Unique I think in all 50 states.

    You can NOT conceal carry in a restaurant that serves alcohol.
    You CAN open carry in restaurants that serve.

    So we have the very unique "VA Tuck".

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