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Concealed Carry Issues & Discussions Discussion regarding concealed carry licensing, issues, methods of concealment, etc.

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Old May 11th, 2008, 11:52 AM   #1
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VA specific, "loophole" in restaurant no CC law?

§18.2-308 (J.3.): No person shall carry a concealed handgun onto the premises of any restaurant or club as defined in § 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of Virginia, nothing herein shall prohibit any sworn law-enforcement officer from carrying a concealed handgun on the premises of such restaurant or club or any owner or event sponsor or his employees from carrying a concealed handgun while on duty at such restaurant or club if such person has a concealed handgun permit.

So if I am an event sponsor of a planned event, like a party, I am exempt from the law?
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Old May 11th, 2008, 12:09 PM   #2
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Correct!

The other 'loophole' that exists with restaurant carry, is there is no 'punishment' spelled out for violating that law. Virginia's AG wrote an opinion, some time ago (I'll see if I can find it....), that stated that while it was against the law to carry concealed in an ABC establishment, that there was NO penalty assigned to that violation.....
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Old May 11th, 2008, 01:11 PM   #3
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Correct!

The other 'loophole' that exists with restaurant carry, is there is no 'punishment' spelled out for violating that law. Virginia's AG wrote an opinion, some time ago (I'll see if I can find it....), that stated that while it was against the law to carry concealed in an ABC establishment, that there was NO penalty assigned to that violation.....

It seems to me that by default one would be in violation of:

Class 1 Misdemeanor

♦ The carrying of a concealed firearm by any person other than a felon ((§ 18.2-308) Prohibits the carrying of any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or any weapon of like kind by any person hidden from common observance about his person. Any of the enumerated weapons shall be seized and forfeited to the Commonwealth. A weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature. ).-Jay
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Old May 11th, 2008, 03:30 PM   #4
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I would say if you are a sponsor of a party you would be covered by the law, BUT I think it would have to be a party or event that is planned in advance and the resturant staff would have to be aware of it. Just showing up at a resturant and telling the hostest your having a birthday party for so and so probably won't fly.
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Old May 11th, 2008, 05:25 PM   #5
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It seems to me that by default one would be in violation of:

Class 1 Misdemeanor

♦ The carrying of a concealed firearm by any person other than a felon ((§ 18.2-308) Prohibits the carrying of any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or any weapon of like kind by any person hidden from common observance about his person. Any of the enumerated weapons shall be seized and forfeited to the Commonwealth. A weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature. ).-Jay
Yes but where does it link what you just quoted to the crime he is talking about???
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Old May 11th, 2008, 10:29 PM   #6
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Yes but where does it link what you just quoted to the crime he is talking about???
I was referring to goawayfarm's assertion that ccw in a bar had "no penalty". I assert that the penalty would be as if you where ccing anywhere else without a ccw license.

I think the OP is right. If for instance one rented out an American Legion for a charity event, that renter/event-organizer may ccw.-Jay
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Old May 12th, 2008, 09:22 AM   #7
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I would say if you are a sponsor of a party you would be covered by the law, BUT I think it would have to be a party or event that is planned in advance and the resturant staff would have to be aware of it. Just showing up at a resturant and telling the hostest your having a birthday party for so and so probably won't fly.

I would say not true VA Law is written to tell you what you cannot do. If it doesn't spell it out then you probably don't have to tell the Restaraunt staff.
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