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Thread: Legal to open carry at a rest stop?

  1. #1
    Campaign Veteran T Dubya's Avatar
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    I did the search feature and came up with nothing.

    Is it legal to open carry at a rest stop?
    "These are the shock troops (opencarry.org) of the gun lobby. And, they are not going away."
    Ceasefire NJ Director Brian Miller, NJ.com, August 20, 2009

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    T Dubya wrote:
    I did the search feature and came up with nothing.

    Is it legal to open carry at a rest stop?
    I dunno.

    Lets do a quick re-write.

    "Are there any state or federal prohibitions on OC at an Interstate rest stop.?"
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  3. #3
    Campaign Veteran T Dubya's Avatar
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    Thank you citizen.
    "These are the shock troops (opencarry.org) of the gun lobby. And, they are not going away."
    Ceasefire NJ Director Brian Miller, NJ.com, August 20, 2009

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    Regular Member VAopencarry's Avatar
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    Citizen wrote:
    T Dubya wrote:
    I did the search feature and came up with nothing.

    Is it legal to open carry at a rest stop?
    I dunno.

    Lets do a quick re-write.

    "Are there any state or federal prohibitions on OC at an Interstate rest stop.?"
    My neighbor's cousin is a deputy in Kalabam county and he said it's illegal according to the Travelers Restroom Authority.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    I think the question is, is a rest stop considered a federal or state building, or do they have a no guns sign?

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    Regular Member VAopencarry's Avatar
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    S and W 410S wrote:
    I think the question is, is a rest stop considered a federal or state building, or do they have a no guns sign?
    EDIT
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    You know I had this exact same question as I was driving back down to Blacksburg. I'd be interested in getting a definitive answer.

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    Campaign Veteran Nelson_Muntz's Avatar
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    I haven't seen a sign yet, and Troopers haven't said anything to me. I've been doing it back and forth to Norfolk about 8 times in the last year.
    :shock:

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    Campaign Veteran skidmark's Avatar
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    Rest Stops are state property, but there is no restriction I can find in either the Code of Virginia or the Administrative Regulations indicating any restriction on firearms at rest stops. Based on that, my understanding (IANAL and did not stay at Holiday Inn Express last night) is that carry rules are the same as any other non-restricted location.

    As open carry in Virginia is NOTa privelege grantedby statute, while CCW is, there should not be any problem OC-ing at a rest stop in Virginia. Nor, if you have your CHP, should there be any problem CCW-ing.

    Why do folks spend so much time dreaming up these types of questions?

    stay safe.

    skidmark
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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    Now that I think of it, I'm sure the good folks at VCDL would have listed them as a prohibited place.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Regular Member VAopencarry's Avatar
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    EDIT
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    Campaign Veteran T Dubya's Avatar
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    skidmark wrote:

    Why do folks spend so much time dreaming up these types of questions?

    Being an open carry newbie I want to know the law if I am challenged. That's why.


    "These are the shock troops (opencarry.org) of the gun lobby. And, they are not going away."
    Ceasefire NJ Director Brian Miller, NJ.com, August 20, 2009

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    Campaign Veteran T Dubya's Avatar
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    mpg9999 wrote:
    You know I had this exact same question as I was driving back down to Blacksburg. I'd be interested in getting a definitive answer.
    Looks like I'm not the only one Skidmark. Seems to be a little confusion about it.




    "These are the shock troops (opencarry.org) of the gun lobby. And, they are not going away."
    Ceasefire NJ Director Brian Miller, NJ.com, August 20, 2009

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    Regular Member VAopencarry's Avatar
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    It is not prohibited to open carry at a rest stop. Sorry if I contributed to the confusion.

    My first post was a joke.

    EDIT- less then gracious comment

    Not VA statute or VAC, because laws tell you what you can't do, but here is a reference.

    http://www.handgunlaw.us/documents/USOffLimitsN-W.pdf


    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    Campaign Veteran T Dubya's Avatar
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    VAopencarry wrote:
    most newbies here should read more and talk less.


    http://www.handgunlaw.us/documents/USOffLimitsN-W.pdf

    Just like every rule there is always an exception. I'm the exception and I have been around a while, now I'm just open carrying more as a way of protest.
    "These are the shock troops (opencarry.org) of the gun lobby. And, they are not going away."
    Ceasefire NJ Director Brian Miller, NJ.com, August 20, 2009

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    Regular Member SouthernBoy's Avatar
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    T Dubya wrote:
    skidmark wrote:

    Why do folks spend so much time dreaming up these types of questions?

    Being an open carry newbie I want to know the law if I am challenged. That's why.

    You asked a perfectly ligitimate question and have every expectation to receive a cordial answer.

    Come on fellow Virginians. We're Southerners. That means we are also civil and respectful.

    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

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    Campaign Veteran T Dubya's Avatar
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    Well, it is illegal to open carry in a state park. Is it that much of a stretch to think that could carry over at a rest stop? Also, looks like I'm not the only one that didn't know. I thought I found the perfect media to find out.

    Of all the places on the world wide web to run into an internet tough guy I would have never dreamed that I would run into one here.
    "These are the shock troops (opencarry.org) of the gun lobby. And, they are not going away."
    Ceasefire NJ Director Brian Miller, NJ.com, August 20, 2009

  18. #18
    Campaign Veteran T Dubya's Avatar
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    SouthernBoy wrote:
    T Dubya wrote:
    skidmark wrote:


    You asked a perfectly ligitimate question and have every expectation to receive a cordial answer.

    I also used the search feature before I put the post out and put a disclaimer on the original post. Thank you
    "These are the shock troops (opencarry.org) of the gun lobby. And, they are not going away."
    Ceasefire NJ Director Brian Miller, NJ.com, August 20, 2009

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    I've OCed at the Manassas rest stop out on 66W. Guide saw me but it was a non-event.

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    I can't find the story, I think it was in a VA Alert a couple of years ago, but I thought there was a guy who got told by a security guard at a rest stop that he couldn't carry there. He won that battle, hands down, IIRC. Wish I could rmember more so I'd know what to search for.

  21. #21
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    No prohibition on OC at a VA rest stop. VCDL cleared that up a few years ago with DOT because some rent-a-cops had the law wrong.

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    VCDL President wrote:
    No prohibition on OC at a VA rest stop. VCDL cleared that up a few years ago with DOT because some rent-a-cops had the law wrong.
    Surprise, Surprise

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    Lone Star Veteran DrMark's Avatar
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    VCDL President wrote:
    Duplicate post. I got an error, but then it posted my comments! So sorry for the duplicates below.

    John Pierce - you have a bug!
    I posted 3 or 4 dupes in another thread - same error.



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    Regular Member VAopencarry's Avatar
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    T Dub I was not directing that comment at you. EDIT: again for me being a dummy
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    Campaign Veteran skidmark's Avatar
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    T Dubya and everybody else -

    My apologies if my question offended you, which it seems it did.

    For those who were not aware of it, Virginia law is based on the principle of telling you what you cannot do. There is nothing written in the Code of Virginia about what you are allowed to do. That being the case, if you cannot find it in the Code it is pretty much a slam dunk that you can do it.

    (Imagine the number of laws that would be needed if they wrote them for the things you were allowed to do! :what:)

    There is also the Virginia Administrative Code, which again lists things you cannot do. It is always a good idea to check the Administrative Code as well as the Code of Virginia just to cover all the bases.

    I hope this very basic explanation of the theory of law in Virginia helps. I apparently presumed that folks knew and understood the concept.

    stay safe.

    skidmark
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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