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Asked to cover-up in a restaurant?

Grapeshot

Grapeshot

Legendary Warrior
Joined
May 21, 2006
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Valhalla
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roscoe13 wrote:
Mike wrote:
Xeni wrote:
In such an instance, would you be legal in concealing regardless of if you had a permit or not since your on private property and have the permission of the owner?
Click to expand...
The owner or his agent cannot change the law - restaurants are off limits for concealed carry (only if they sell alcohol). The fact that it is private property is irrelevant - remember,it is illegal to conceal carry on private property without a permit except for limited exceptions - the owner cannot change that even for himself on his own property!!
Click to expand...
Huh?

From § 18.2-308.:B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.
Except as provided in subsection J1, this section shall not apply to:
1. Any person while in his own place of business;
Click to expand...

Long day at the corral Mike?
Yata hey
 
HKshooter

HKshooter

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Joined
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Chesapeake, Virginia, USA
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roscoe13 wrot
Huh?

From § 18.2-308.:B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.
Except as provided in subsection J1, this section shall not apply to:
1. Any person while in his own place of business;
Click to expand...
And from J3:
"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 all I need to do is get each manager to hire me as a food taster and I'm covered!
 
SouthernBoy

SouthernBoy

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Western Prince William County, Virginia, USA
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Tomahawk wrote:
markand wrote:
A year ago at Tony's in Manassas, one of the first responding officers instructed us to cover our weapons, if I recall correctly. We didn't. Moments later, other responding Manassas police officers apparently browbeat the owner into asking us to leave. We did.

In the spring and summer of 2000, I took some "advanced" handgun classes that spanned a couple of weekends. One of my fellow students was a NOVA police officer with whom several of us were already acquainted. When we went out to lunch, he instructed us to carry concealed in the restaurant.

Those are the only two times I can recall being asked or instructed to cover in a restaurant.
Click to expand...
I hope you explained to him that's a no-no. He probably meant well, but he could get your fellow students into trouble someday with that advice.
Click to expand...

Also there is this. I don't think I am mistaken about this but if an LEO instructs you to conceal your weapon in an ABC-ON establishment, he can be arrested for being an accessory after the fact since it was his illegal instruction that caused an illegal act.
 
B

bohdi

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Mar 21, 2007
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Centreville, Virginia, USA
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I've been lucky. Never been asked to cover up, never been asked to leave. Though by most standards I'm still "new" to OC'ing as it's been less than a year since I started.
 
D

Doug Huffman

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Jun 9, 2006
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Washington Island, across Death's Door, Wisconsin,
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SouthernBoy wrote:
I don't think I am mistaken about this but if an LEO instructs you to conceal your weapon in an ABC-ON establishment, he can be arrested for being an accessory after the fact since it was his illegal instruction that caused an illegal act.
Click to expand...

'Accessory after the fact'? Not a term much favored in law now, though once in common law. The cop is more properly characterized in law as accomplice and instigator since the actor held no intention to break the law until induced by the cop.
 
P

Pa. Patriot

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May 4, 2007
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Just a "wannabe" in Mtn. Top, Pennsylvania, USA
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GlockMan wrote:
Apparently, since I was open carrying, some patron complained so the managers pulled me aside and asked if I was LE, ....
Click to expand...

Side bar:
Many people have reported managers confronting them and they very often report to the OC'er their contact is the result of a patron complaining.
I call BS.
Why would a customer inform management about onother patron OC'ing?
If they were genuinely concerned (due to their astounding ignorance) they would call the police.
I think these managers are trying to justify their nosey tendendancies by claiming this.

Just something I am always astounded by...

On topic: I have never been asked to cover up, or any other neg encounter, while OC'ing in PA

Carry on
 
HKshooter

HKshooter

Regular Member
Joined
Apr 8, 2007
Messages
21
Location
Chesapeake, Virginia, USA
imported post

Pa. Patriot wrote:
GlockMan wrote:
Apparently, since I was open carrying, some patron complained so the managers pulled me aside and asked if I was LE, ....
Click to expand...

Side bar:
Many people have reported managers confronting them and they very often report to the OC'er their contact is the result of a patron complaining.
I call BS.
Why would a customer inform management about onother patron OC'ing?
If they were genuinely concerned (due to their astounding ignorance) they would call the police.
I think these managers are trying to justify their nosey tendendancies by claiming this.

Just something I am always astounded by...

On topic: I have never been asked to cover up, or any other neg encounter, while OC'ing in PA

Carry on
Click to expand...
I had a manager at a Chesapeake VA restaurant come up to me ~3/4 of the way through our meal just checking on things. she said

"by the way, most of the staff
is talking in the kitchen about 'the guy at table xx with the gun'. I told them,
yea so?, get back to work!". She didn't care.

I do believe there's occasions where patrons flag it to a waitress or manager.
They're not concerned enough for a 911 call, just want to stick their nose in and see if there's a problem or not.

And then of course there's the famed CHAMPPS incident where a patron, on their
way out the door, did call 911 on us and then run.
 
M

Mike

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Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
imported post

Grapeshot wrote:
roscoe13 wrote:
Mike wrote:
Xeni wrote:
In such an instance, would you be legal in concealing regardless of if you had a permit or not since your on private property and have the permission of the owner?
Click to expand...
The owner or his agent cannot change the law - restaurants are off limits for concealed carry (only if they sell alcohol). The fact that it is private property is irrelevant - remember,it is illegal to conceal carry on private property without a permit except for limited exceptions - the owner cannot change that even for himself on his own property!!
Click to expand...
Huh?

From § 18.2-308.:B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.
Except as provided in subsection J1, this section shall not apply to:
1. Any person while in his own place of business;
Click to expand...
Long day at the corral Mike?
Yata hey
Click to expand...
I was referring to private property generally - yes there is a "place of business" exemption, but that does not apply to all the private property you own!
 
R

roscoe13

Campaign Veteran
Joined
Apr 18, 2007
Messages
1,134
Location
Catlett, Virginia, USA
imported post

Mike wrote:
Grapeshot wrote:
roscoe13 wrote:
Mike wrote:
Xeni wrote:
In such an instance, would you be legal in concealing regardless of if you had a permit or not since your on private property and have the permission of the owner?
Click to expand...
The owner or his agent cannot change the law - restaurants are off limits for concealed carry (only if they sell alcohol). The fact that it is private property is irrelevant - remember,it is illegal to conceal carry on private property without a permit except for limited exceptions - the owner cannot change that even for himself on his own property!!
Click to expand...
Huh?

From § 18.2-308.:B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.
Except as provided in subsection J1, this section shall not apply to:
1. Any person while in his own place of business;
Click to expand...
Long day at the corral Mike?
Yata hey
Click to expand...
I was referring to private property generally - yes there is a "place of business" exemption, but that does not apply to all the private property you own!
Click to expand...
For the vast majority of people, they don't own any private property that isn't covered...
 
Decoligny

Decoligny

Regular Member
Joined
Nov 29, 2007
Messages
1,865
Location
Rosamond, California, USA
imported post

Doug Huffman wrote:
SouthernBoy wrote:
I don't think I am mistaken about this but if an LEO instructs you to conceal your weapon in an ABC-ON establishment, he can be arrested for being an accessory after the fact since it was his illegal instruction that caused an illegal act.
Click to expand...

'Accessory after the fact'? Not a term much favored in law now, though once in common law. The cop is more properly characterized in law as accomplice and instigator since the actor held no intention to break the law until induced by the cop.
Click to expand...
It could even be characterized as "entrapment". The offender had no intention of commiting the offense until purposefully led to do so by the cop.
 
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