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Thread: Missing the "NO GUN" sign

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    Carrying a weapon into a business that has a "NO GUN" posting is a violation. But how serious a violation? Is it a class one felony? Or a class six misdemeanor? Will this result in revocation of permit? I've looked at the code and can't figure it out.

    In some states it is only a serious violation if you refuse to leave when asked. Then it is a "Trespass". Is that true in Virginia?

    I am NOT planning on violating, but to err is human. I don't want to do 15-20 for a simple oversight.

    Sorry if asked and already answered.

    Thanks.

  2. #2
    Founder's Club Member Hawkflyer's Avatar
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    Fenris wrote:
    Carrying a weapon into a business that has a "NO GUN" posting is a violation. But how serious a violation? Is it a class one felony? Or a class six misdemeanor? Will this result in revocation of permit? I've looked at the code and can't figure it out.

    In some states it is only a serious violation if you refuse to leave when asked. Then it is a "Trespass". Is that true in Virginia?

    I am NOT planning on violating, but to err is human. I don't want to do 15-20 for a simple oversight.

    Sorry if asked and already answered.

    Thanks.
    Virginia Code § 18.2-119 defines the crime of trespassing as follows:

    "If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by such persons or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or § 19.2-152.10 or an ex parte order issued pursuant to § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of §§ 18.2-132 through 18.2-136.

    The issue in many trespassing cases is twofold: has proper notice been provided that the person is not welcome in a particular area and exactly what area is the person prohibited from entering. The code identifies potentially four different ways in which notice of no trespassing may be accomplished. The four ways are: by oral request by a person in authority, by written request by a person in authority, by a posted sign in an area where it may reasonably be seen, by court order pursuant to specific code sections, even if the order is ex parte. An ex parte order is an order entered by a judge where the person who is the subject of the order is not present at the time the order is entered. For a person to be convicted of trespassing after the entering of an ex parte order, that person must have actually been served with a copy of the order. This means a sheriff or other properly authorized individual, delivered a copy of the order to the person who is the subject of the no trespass provision. A written or oral no trespass request can be for both public and private locations. For instance, places of business can request a person not to return to their location. Even a city can request that an individual not return to a certain park or parks. However, a private business can’t ban a person from an area that is public access nor can a city ban a person from an area when doing so would interfere with a constitutionally protected right. "


    It also depends on weather you have visitied and been asked to leave before.
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
    "186,000 Miles per second! ... Not just a good idea ... It's the law!"

  3. #3
    Regular Member ProShooter's Avatar
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    Fenris wrote:
    Carrying a weapon into a business that has a "NO GUN" posting is a violation. But how serious a violation? Is it a class one felony? Or a class six misdemeanor? Will this result in revocation of permit? I've looked at the code and can't figure it out.

    In some states it is only a serious violation if you refuse to leave when asked. Then it is a "Trespass". Is that true in Virginia?

    I am NOT planning on violating, but to err is human. I don't want to do 15-20 for a simple oversight.

    Sorry if asked and already answered.

    Thanks.
    A class one felony would be something serious like murder.

    There is no such thing as a class 6 misdemeanor, there are only 4 classes of misdemeanors.
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

  4. #4
    Founder's Club Member - Moderator ed's Avatar
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    Fenris wrote:
    Missing the "NO GUN" sign
    I "never" miss those.. they can be gone forever and I would never miss them
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

  5. #5
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    Yeah, more like "good ridance".
    Revelation 1911 - And I saw heaven opened, and behold a white horse; and he that sat upon him was called Faithful and True, and in righteousness he doth judge and make war.

  6. #6
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    What sign? Did I miss a sign? Hmm....



  7. #7
    Regular Member TFred's Avatar
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    There was a sign? Hmm... I wasn't notified that there was a sign.

    TFred

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    TFred wrote:
    There was a sign? Hmm... I wasn't notified that there was a sign.

    TFred
    Well, if you did not see it...and I did not see it...

    *shrug*




  9. #9
    Regular Member ProShooter's Avatar
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    TFred wrote:
    There was a sign? Hmm... I wasn't notified that there was a sign.

    TFred
    There was a sign. It indicated that there would be another sign.
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

  10. #10
    Founder's Club Member Hawkflyer's Avatar
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    I think I saw the movie. Didn't Mel Gibson play a priest or something?
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
    "186,000 Miles per second! ... Not just a good idea ... It's the law!"

  11. #11
    Activist Member Wolf_shadow's Avatar
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    Sign? I didn't see no stinking sign.
    Yes I carry a Bible and a Gun, your point.
    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")
    Benjamin Franklin said, "A government that does not trust it's citizens with guns is a government that should not be trusted."



  12. #12
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    Sign Sign everywhere a sign
    Blocking out the scenery breaking my mind
    Do this, don't do that, can't you read the sign

    (shamelessly copied & pasted from http://www.fivemanelectricalband.ca/signslyrics.html)

    On topic: The few places I've seen signage that indicates no firearms is almost always done in the manner of 'No illegal weapons' or 'No dangerous weapons'.

    My thoughts...

    Well, illegal weapons means you are a criminal (as inanimate objects cannot break the law but their owners/users can). I'm not a criminal because my weapons are not illegal.

    Now if they truly mean 'No dangerous weapons', I as a person should not be allowed on premises. My mind is a far more deadly weapon than anything I can carry. The power of my mind is limited by my imagination & creativity. This usually gets me told that I'm being a smart-ass or troublemaker (Who? Me? ) and that it's referring to guns, knives and other weapons. My usual response to that is the sign should clearly indicate those things then as ambiguous regulation tends to invite trouble on the behalf of those so regulating.

    To think, I've been called a malcontent, a smart-ass, and as having an improper attitude... all back when I was active duty Navy :P. In the words of a retired master chief friend of mine... "I've only gotten worse"

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