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Legal to open carry at a rest stop?

skidmark

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Jan 15, 2007
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Valhalla
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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::banghead::banghead:)

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
 

Doug Huffman

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skidmark wrote:
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::banghead::banghead: )

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
Offense, like beauty, lies in the eye of the beholder and not in the base chapman's tongue. I understand your dilemma, how to speak the truth without offending the more delicate amongst us?

Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns and the truth. NRA KMA$$
 

TheEggman

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, Virginia, USA
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It's not only legal, but in my opinion it's necessary. I can think of fewer places that provide a better opprotunity for a B.G. to ply his trade.

E
 

T Dubya

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Richmond, Va, ,
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It's all good.

On a lighter note you had me googling the Traveler's Restroom Authority and Kalabam County.

I don't open carry because I think It's more practical. I don't particularly like open carrying. I do it becuase a right not used is a right lost,I do it because I am irritated with the anti-gunners and Kaine. I also want out of staters to see me.

Lets' be honestthere are some of us that open carry because we want someone to verbally engage with us. We want to be challenged and we like winning.

To me open carrying isactivism. That is why if I amever challenged I want to know the facts and the law.
 

PT111

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, South Carolina, USA
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T Dubya wrote:
It's all good.

On a lighter note you had me googling the Traveler's Restroom Authority and Kalabam County.

I don't open carry because I think It's more practical. I don't particularly like open carrying. I do it becuase a right not used is a right lost,I do it because I am irritated with the anti-gunners and Kaine. I also want out of staters to see me.

Lets' be honestthere are some of us that open carry because we want someone to verbally engage with us. We want to be challenged and we like winning.

To me open carrying isactivism. That is why if I amever challenged I want to know the facts and the law.
You do not seem to be alone in that. There are many that do give the impression that the only reason they carry a gun is toengage inconfrontations.
 

savery

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, Virginia, USA
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Tomahawk wrote:
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.
I've never seen a security guard at a rest stop anywhere. I've occasionally seen a state police car parked there, but never seen any state police, so either they were taking a dump, or as I suspect, just parking an unused car there as a deterrent to those with bad intentions.

If they do have security guards they should double as janitors, because most of the rest stops i've seen strictly follow the 2/3rds rule, meaning out of the three restroom essentials (soap, toilet paper, and paper towels) they only have two.
 

T Dubya

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Richmond, Va, ,
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PT111 wrote:
T Dubya wrote:
Lets' be honestthere are some of us that open carry because we want someone to verbally engage with us. We want to be challenged and we like winning.
You do not seem to be alone in that. There are many that do give the impression that the only reason they carry a gun is toengage inconfrontations.

You left out a very important word and that is "verbally". I am confident that there is not one single solitary soul on this board that wants any other kind of confrontation.
 

VCDL President

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Jun 22, 2006
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Midlothian, Virginia, USA
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Tomahawk wrote:
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.
Date: Mon, 22 Aug 2005 13:43:03 -0400
To: va-alert
From: VCDL President
Subject: DOT apologizes


As you may recall a VCDL member was told by a security guard at a Virginia rest stop (first rest stop on 95 as you enter VA from NC) that the member could not have a gun on state property and ordered the member to leave. The member told the guard that the guard was wrong and the member said he would be happy to wait for a state police officer to be called to straighten the situation out. The guard, saying he was about to get off work and didn't want to wait for the state police, dropped the demand.

This prompted VCDL to write a letter to VDOT about the incident and I have received a reply. We will post a PDF of the letter on the VCDL web site later this week if you want to print a copy. The letter was very professional, politely written, and hopefully puts the issue to rest. Hats off to DOT for their response to VCDL:

COMMONWEALTH of VIRGINIA

DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, VIRGINIA 23219-2000

GREGORY A. WHIRLEY ACTING COMMISSIONER

August 17, 2005

Mr. Philip Van Cleave, President
Virginia Citizens Defense League, Inc.
Post Office Box 513
Newington, Virginia 22122

Dear Mr. Van Cleave:

Thank you for your letter regarding the incident that occurred at the Skippers Rest Stop. I regret to hear that one of your members was improperly directed to remove his firearm by a security guard employed by one of the Virginia Department of Transportation's rest area property management firms.

I have directed the appropriate VDOT managers to clarify your concern with our hired security forces. It is the VDOT's goal to provide a safe and comfortable respite to all of our patrons at our rest facilities.

I hope that this situation did not overly inconvenience your league member. Should you desire to discuss this topic further with a VDOT manager, please contact Mr. Steve Mondul, Director of VDOT's Security and Emergency Management Division, at (804) 786-2978.

Sincerely,

Robert E. Prezioso, P.E.
State Infrastructure Management Director

cc: Mr. Steven M. Mondul
 

possumboy

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Jun 14, 2006
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Dumfries, Virginia, USA
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Funny OC at Rest Stop Story. Since it has been confirmed to be legal.

I have OC at probably every Rest Area on I-81 in Virginia.

The only interaction I had with an officer was during a prisoner transport stopping to let the prisoner have a bio break.

I was waiting outside the stall for my five year old son to "potty". The officer looked at my gun and said:

"Well looks like we don't have to worry about him taking your family hostage if he tries to escape."

I just smiled and said, "I'm just the backup, he would have to deal with my wife first."

Everybody laughed - except the prisoner.
 
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