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Thread: Can you OC at the Fairfax Fair?

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    Is open carry an option at the Fairfax Fair this weekend?

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    Campaign Veteran skidmark's Avatar
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    USDM wrote:
    Is open carry an option at the Fairfax Fair this weekend?
    Are you asking if Fairfax County is OK with you OCing or if it not forbidden by law?

    Paging Ed, Paging Leo229, Paging ....

    stay safe.

    skidmark
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    Founder's Club Member - Moderator ed's Avatar
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    USDM wrote:
    Is open carry an option at the Fairfax Fair this weekend?
    yes
    Carry On.

    Ed

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    ed wrote:
    USDM wrote:
    Is open carry an option at the Fairfax Fair this weekend?
    yes
    Thanks. Would it would be the only option since ABC will be active?

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    If the ABC designation is "Banquet Special Event", which is likely, then there is no OC requirement. CC is allowed except in places with an ABC designation of "club" or "restaurant". If you're referring to Celebrate Fairfax!, that is indeed the case:

    http://www.abc.virginia.gov/licensee...license=353767

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    bdodds wrote:
    If the ABC designation is "Banquet Special Event", which is likely, then there is no OC requirement. CC is allowed except in places with an ABC designation of "club" or "restaurant". If you're referring to Celebrate Fairfax!, that is indeed the case:

    http://www.abc.virginia.gov/licensee...license=353767
    Not to be a pain, but can you give us some kind of cite indicating CC is ok for Banquet Special Event?

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    Jonesy wrote:
    Not to be a pain, but can you give us some kind of cite indicating CC is ok for Banquet Special Event?
    Kinda like Open Carry, CC for a Banquet Special Event is okay because it's not prohibited.

    For the record, though, the pertinent section of Code dealing with CC in clubs and restaurants is § 18.2-308.J3 (scroll down to get to J3):

    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; 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.
    ~ Boyd

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    no, but i can deductively reason it as such:

    VA code 18.2-308 J3 states that CC is forbidden "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;"

    http://leg1.state.va.us/000/cod/18.2-308.HTM

    VA code 4.1-100 defines restaurant and club retail licensees:

    http://leg1.state.va.us/cgi-bin/legp...00+cod+4.1-100

    Celebrate Fairfax! has a Banquet license per the above link, and didn't show up under Restaurant or Club license searches, which are the two license types explicitly listed as prohibited to concealed carry.

    I know you're asking for something concrete in the reverse, but I don't have that cite, nor have I found it to exist.

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    Founder's Club Member - Moderator ed's Avatar
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    bdodds wrote:
    I know you're asking for something concrete in the reverse, but I don't have that cite, nor have I found it to exist.
    Laws tell you what you CAN'T do, not what you CAN do.
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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    ed wrote:
    bdodds wrote:
    I know you're asking for something concrete in the reverse, but I don't have that cite, nor have I found it to exist.*
    Laws tell you what you CAN'T do, not what you CAN do.
    Understood, but I could cite a court decision that backs the stated opinion, but I was unable to find any..

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    bdodds wrote:
    Understood, but I could cite a court decision that backs the stated opinion, but I was unable to find any..
    I'm not sure what you're looking for with this. There's no law prohibiting CC in that type of venue, so there won't be a court case saying that it's allowed. Well, someone could screw up and charge something that doesn't exist, but that really doesn't happen all that often.

    For example, is there Virginia case law that says open carry is legal? I don't know one way or the other, but I don't recall ever seeing it cited here.

    ~ Boyd

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    TexasNative wrote:
    I'm not sure what you're looking for with this. There's no law prohibiting CC in that type of venue, so there won't be a court case saying that it's allowed. Well, someone could screw up and charge something that doesn't exist, but that really doesn't happen all that often.

    For example, is there Virginia case law that says open carry is legal? I don't know one way or the other, but I don't recall ever seeing it cited here.

    ~ Boyd
    I wasn't looking for anything in particular, but it is conceivable that there is something, somewhere, that's all. I didn't expect to find anything one way or another, I just know how people get around here about citing so i wanted some CYA research.

    edit: maybe not anything as formal as a court decision, but something like a news article where someone was detained for it and then released once they determined that the ABC license wasn't one of the regulated ones, something along those lines. Even anecdotal, anything to support it other than the lack of prohibition.

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    Regular Member TexasNative's Avatar
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    I think reading the law, as linked and quoted above, will tell you what you need to know. It's pretty clear about the concealed carry prohibition applying to clubs and restaurants, even with definitions and such.

    ~ Boyd

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    hey, someone throws the cite challenge at me, I'm gonna try to cite the crap out of it..

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