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Thread: Do you need a permit to carry concealed on your own property?

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    I got to wondering as the VA state police web site says that you do not need one to carry concealed when in your own place of business. What about your property as in yard or home or field or something like that which is not a place of business? Do you need a permit to cc there?

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    Regular Member ProShooter's Avatar
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    What you do as far as carrying on your property is your business:

    18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.

    A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.

    B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.



    Also, since the Code doesnt prohibit open carry, then OC on your property is just as legal as any other public place.
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    Regular Member VAopencarry's Avatar
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    no
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    Thanks for the help guys. I don't know why I didn't find that part of it. I guess I was just looking in the wrong places.

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    Regular Member vt357's Avatar
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    One issue to be aware of is the legal definition of "his own place of abode or the curtilage thereof." If you own a large piece of property a field or the woods far from your home may not be considered the curtilage thereof, so you may need a CHP to carry concealed on that portion of your own property. To be sure, check with a lawyer, or just OC.

    http://www.virginia1774.org/Rights&Liberty.html
    Generally, the curtilage of a home is the "area around the home to which the activity of home life extends." Oliver, 466 U.S. at 180; see also Wellford v. Commonwealth, 227 Va. 297, 301, 315 S.E.2d 235, 238 (1984) (defining "curtilage" as the "space necessary and convenient, habitually used for family purposes and the carrying on of domestic employment; the yard, garden or field which is near to and used in connection with the dwelling"). "[W]hether a particular place is within the curtilage of the home is determined on a case-by-case basis." Jefferson, 27 Va. App. at 16, 497 S.E.2d at 481 (citing United States v. Dunn, 480 U.S. 294, 301 n.4 (1987)). In determining whether the area in question constitutes curtilage, "particular reference" to the following four factors is helpful:

    [1] the proximity of the area claimed to be curtilage to the home,

    [2] whether the area is included within an enclosure surrounding the home,

    [3] the nature of the uses to which the area is put, and

    [4] the steps taken by the resident to protect the area from observation by people passing by.

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    Regular Member Bulldog1967's Avatar
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    No, and not only that, if you are a business owner you may carry open or concealed at your place of business as well.

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    Regular Member wylde007's Avatar
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    Bulldog1967 wrote:
    No, and not only that, if you are a business owner you may carry open or concealed at your place of business as well.
    Or an employee if that the employer expressly permits such.

    Or as a sponsor or promoter or employee of an event at such an establishment.

    IANAL, but I think I've read the section correctly.

    Only with a permit.

    J3. No person shall carry a concealed handgun onto the premises of any restaurant or club as defined in ยง 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; however, 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.

    But I think if the business does not meet the "restaurant" criteria, I think you are still correct. I may have misunderstood your implication.
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