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Thread: Firearms and Belmont Concert Series

  1. #1
    Founder's Club Member - Moderator ed's Avatar
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    Unlike Fairfax Fair... this event is held on private property.. I see nothing on their web site banning firearms.. but if you get to the gate they might not let you in. Is it better to show up and test the system or contact them for an answer first?

    http://www.liveatbelmont.com/

    Foreigner plays this Sunday.
    Carry On.

    Ed

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    I'd go OC and if they comment, offer to CC, if you're legal. It's usually about scaring the other guests...

    Dan aka caltain

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    I think they might sell alcohol for on site consumption. If so, wouldn't that make CC illegal?

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    Founder's Club Member Tess's Avatar
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    power_shack wrote:
    I think they might sell alcohol for on site consumption. If so, wouldn't that make CC illegal?
    Depends.

    Where Unlawful to Carry
    §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.
    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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    To get an ABC license, they have to define a specific area for sale and consumption. You can check with the ABC. They may have the licenses on the web, but I haven't looked.

    I found this out when CCing for the first time at Dulles Mall. At the time, they had a roped off area of the food court for Frank-n-Stein, but they ammended the app with the mall management's permission to include the whole food court. Kinda sucked, because I had to uncover to get to the only public restrooms on the upper level. Now I OC 24/7/365, so less of an issue.

    Dan

  6. #6
    Founder's Club Member - Moderator ed's Avatar
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    I would venture to say that the entire food court is not restaurant or club. Does the health department issue a permit for "food court" to prepare meals?
    Carry On.

    Ed

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  7. #7
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    No, but I checked this out with the ABC, State Police and States Attorney. The upshot is that it is a restaurant, because it serves food in a defined area, and that defined area is where the ban applys. I have a restaurant/bar that's near me that has outdoor seating, but because it's in a strip mall, they arent permitted to block the flow of pedestrian traffic, so they have a gap between the door and the outdoor seating. I can CC through this area with no problem. Customers aren't even allowed to carry alcohol across this area or the restaurant/bar will lose it's ABC license.

    Basically, it's the definition of the area in the ABC application that constitutes the "premises" to which the carry laws apply. That's why you can CC in the parking lot, even if the bar/restaurant has exclusive access to the building and lot. It's not part of thearea they defined to the ABC.

    Dan

  8. #8
    Founder's Club Member - Moderator ed's Avatar
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    caltain wrote:
    it is a restaurant

    "Restaurant" means, for a beer, or wine and beer license or a limited mixed beverage restaurant license, any establishment provided with special space and accommodation, where, in consideration of payment, meals or other foods prepared on the premises are regularly sold.

    "Restaurant" means, for a mixed beverage license other than a limited mixed beverage restaurant license, an established place of business (i) where meals with substantial entrees are regularly sold and (ii) which has adequate facilities and sufficient employees for cooking, preparing, and serving such meals for consumption at tables in dining areas on the premises, and includes establishments specializing in full course meals with a single substantial entree.

    There is ALOT of bold text there... Go get a turkey wrap on a tuesday.. Can't. Why? Cuz it's JUST an empty field!


    Carry On.

    Ed

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  9. #9
    Founder's Club Member Tess's Avatar
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    restaurant or club as defined in § 4.1-100:

    "Club" means any private nonprofit corporation or association which is the owner, lessee, or occupant of an establishment operated solely for a national, social, patriotic, political, athletic, or other like purpose, but not for pecuniary gain, the advantages of which belong to all of the members. It also means the establishment so operated. A corporation or association shall not lose its status as a club because of the conduct of charitable gaming conducted pursuant to Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2 in which nonmembers participate frequently or in large numbers, provided that no alcoholic beverages are served or consumed in the room where such charitable gaming is being conducted while such gaming is being conducted and that no alcoholic beverages are made available upon the premises to any person who is neither a member nor a bona fide guest of a member.
    "Restaurant" means, for a beer, or wine and beer license or a limited mixed beverage restaurant license, any establishment provided with special space and accommodation, where, in consideration of payment, meals or other foods prepared on the premises are regularly sold.

    "Restaurant" means, for a mixed beverage license other than a limited mixed beverage restaurant license, an established place of business (i) where meals with substantial entrees are regularly sold and (ii) which has adequate facilities and sufficient employees for cooking, preparing, and serving such meals for consumption at tables in dining areas on the premises, and includes establishments specializing in full course meals with a single substantial entree.

    "Sale" and "sell" includes soliciting or receiving an order for; keeping, offering or exposing for sale; peddling, exchanging or bartering; or delivering otherwise than gratuitously, by any means, alcoholic beverages.
    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

  10. #10
    Founder's Club Member - Moderator ed's Avatar
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    no answer to any of my e-mails
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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