I ran a search and didn't find what I was looking for.
Do I have to notify the hostess, waitress etc. that I am carrying when I go out to eat at a restaurant that serves alcohol?
I think in this case the intent was not to violate an existing law.It is sad the citizens mindset is they must have permission from the government to exercise ther right!
And I assume that transitioning from CC to OC (using an IWB) is okay as long as the firearm is visible and can be identified as such?
Simply transitioning from CC to OC for the purpose of entering an establishment isn't brandishing.phixion wrote:And I assume that transitioning from CC to OC (using an IWB) is okay as long as the firearm is visible and can be identified as such?
There are at least two concerns here - When you're in the establishment with an on premesis license to serve, make sure you're OC, see 18.2-308 as citizen quoted for the specifics on that. Transitioning between one and the other is a slightly different matter - I understand that transitioning from CC to OC can be considered brandishing even without touching the firearm. Obviously this is dependant on circumstance, with there being noticeable differences between taking off a coat before going indoors vs. pulling it back to reveal a firearm while involved in an altercation.
See: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-282
(sorry, don't remember how to link right this second)
Not true. You can brandish a gun that you never touch or remove from the holster, or even say the word gun.My thoughts are that as long as it stays in the holster it isn't brandishing. Just discretely tuck your shirt over it before you step through the door.
I'm sure older threads have covered this but to the best of my knowledge there is no Virginia case law that says IWB OC is equal to concealment.I'm sure that the previous post meant to tuck your shirt BEHIND your gun when you transition. Make SURE that you uncover before you touch that door, too. Some of get lax or forget and uncover as we're sitting down. Some day one of us will get popped for that.
I'm sort of concerned about IWB being a gray area for open carry, though. I don't know of any case in which it has been a problem, but it seems to me that it could go either way. If a street thug has his gun tucked in his pants, it's my opinion that he'd likely be charged with concealing. By that same argument, I would think that you would be, too, in a broad interpretation of what constitutes concealment. When we OC with an OWB holster, holster + handle = gun. With an IWB holster, the holster is concealed. That's why we use them. That leaves the bulk of the gun concealed from common observation, unless you drop trow while you eat. ;-)
Anyone got any cites on this? I'm going to do a search, but I can't until tomorrow, Saturday.
No you don't. The only thing you will find in VA code concerning OC in restaurants that serve alcohol is the fact that CCW in restaurants that serve alcohol is prohibited unless you are owner or an employee with permission.
The law makes no mention of OC in an alcohol serving establishment so what isn't explicitly illegal is legal.
Perhaps you are confusing the bill that didn't make it past the Governor's desk this year that would have allowed you to CCW in restaurants only if you notified the staff.
I'm sure that the previous post meant to tuck your shirt BEHIND your gun when you transition. Make SURE that you uncover before you touch that door, too. Some of get lax or forget and uncover as we're sitting down. Some day one of us will get popped for that.
I'm sort of concerned about IWB being a gray area for open carry, though. I don't know of any case in which it has been a problem, but it seems to me that it could go either way. If a street thug has his gun tucked in his pants, it's my opinion that he'd likely be charged with concealing. By that same argument, I would think that you would be, too, in a broad interpretation of what constitutes concealment. When we OC with an OWB holster, holster + handle = gun. With an IWB holster, the holster is concealed. That's why we use them. That leaves the bulk of the gun concealed from common observation, unless you drop trow while you eat. ;-)
Anyone got any cites on this? I'm going to do a search, but I can't until tomorrow, Saturday.
I don't see any government permission being asked about here. I just see someone asking if he needs management permission to carry on private property if they serve alcohol.It is sad the citizens mindset is they must have permission from the government to exercise ther right!