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Thread: Need link to state statute allowing open carry

  1. #1
    Regular Member Kevin108's Avatar
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    My girlfriend currently works for a local restaurant whose operator is very gun-friendly but questions the fact that VA allows OC in a restaurant that sells alochol. I have printed out the PDFs from OpenCarry.org's VA page but I want all the documentation I can get. JPGs and HTML is preferred since I'm currently having problems printing PDFs.

    This gentleman has already told me OC is fine with him, he just has concerns about whether or not his insurance covers it. It will probably take me a few weeks to get all of this printed out, but if and when he agrees, stay tuned for the location of some of the best pizza you can buy!

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    Go to http://www.vcdl.org.

    Hunt up the link to official letters. There are a couple on there where the AG or the boss of Alcoholic Beverage Control board have written that OC is not prohibited.

    Otherwise there is no law authorizing it. Its the absence of a law against it that makes legal.

    The only law reference I've ever seen is that Article I, Section XIII of the VA Constitution confirms your pre-existing right to keep and bear arms.


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    Here are some of the letters links from the VCDL page:

    VA State police letter on open carry:
    http://www.vcdl.org/letters/VASP_OPEN.pdf

    Letter from ABC board on open carry:
    http://www.vcdl.org/letters/ABC_Letter.pdf

    The main Virginia statute on firearms is § 18.2-308. Note that paragraph J3 prohibits concealed carry in a restaurant that serves alcohol. Ironically, the restaurant owner and employees are exempted and may carry concealed if they have a permit. Open carry in such a restaurant isn't prohibited by any section of the VA code, so other posters are correct when they state that if it isn't prohibited, it is allowed.

    I rather hope the restaurant owner doesn't ask his insurance company about coverage (don't ask, don't tell). If he asks, they're probably going to tell him they either won't insure him, or will jack their rates up astronomically, unless he prohibits guns completely. Insurance companies have far too much power to dictate what an insured can and cannot do.


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    The way it's been explained elsewhere on this forum is that there is no statute authorizing you to wear red shirts. But you're allowed to do it because there's no law prohibiting it.

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    Founder's Club Member Tess's Avatar
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    ama-gi wrote:
    The way it's been explained elsewhere on this forum is that there is no statute authorizing you to wear red shirts. But you're allowed to do it because there's no law prohibiting it.

    True. There's no law prohibiting carry in a restaurant.
    Statute prevents CONCEALED carry in a restaurant that serves alcohol.

    Therefore, OPEN carry is the only legal method in a restaurant that serves alcohol.
    Laws alone can not secure freedom of expression; in order that every man present his views without penalty there must be spirit of tolerance in the entire population. -Albert Einstein

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    Regular Member paramedic70002's Avatar
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    It's a sad day indeed when someone has to check with their insurer to make sure they shouldn't restrict a free citizen from complying with the law.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

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    This may help. Resturant Owners and Employees with an ABC license can carry concealed in their establishment.

    The short version is that its illegal to carry concealed in a resturant that sells alcohol unless you are on the payroll or a LEO.


    18.2-308 J3.

    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; however, 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.

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    Regular Member Kevin108's Avatar
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    We know that. Check the subject of the thread again.

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    Regular Member Virginiaplanter's Avatar
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    Here is the link you want:


    http://legis.state.va.us/Laws/search...ution.htm#1S13


    "This section was framed nearly one hundred years ago by "men of the days gone by." It was framed for the protection of the citizen, and announced great principles of individual right, to be secured to the people of Virginia and their posterity forever; and it stands to this day, untouched in word, syllable or letter, a part of our State Constitution, and a bulwark and safeguard to the citizen, having for near a century withstood the shock of revolution and the rage of innovation. ” Cullen v. Commonwealth, Va. (24 Gratt), 624, (1873)."

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    Regular Member Kevin108's Avatar
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    It's what I believe, of course, but I was asked for a VA State code that allowed open carry. Since there isn't one...I guess this thread is done. Thanks for the help though all of you!

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    Kevin108 wrote:
    We know that. Check the subject of the thread again.
    No one can give the statute allowing open carry. There is no specific state statute that says you can open carry. There is no specific statute saying you can't open carry. Only laws where you cannot carry. So therefore you can open carry every where else.
    Just like laws for swimming. There are no state laws that say you can or can't go swimming. So therefore you can go swimming. There are only laws where you can't go swimming.

    Same for bicycles. There are no laws that allow you to ride a bicycle. Only where you cannot ride one.

    As far as insurance, tell him to read his policy. If not addressed, don't ask, don't tell.

    A friend had his business insurance cancelled when someone at the home office saw the policy listed the type of business as gunsmithing. When looking for new insurance, the agent he talked to was pro gun. My friend told him about the last policy he had that was cancelled because he was a gunsmith. The agent could not find anything in the company regulations that would prohibit issuing policies to gun related businesses, however the agent told him he would list the type of business as "manufacturing and repair", with no mention of guns.
    Revelation 1911 - And I saw heaven opened, and behold a white horse; and he that sat upon him was called Faithful and True, and in righteousness he doth judge and make war.

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