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Federal property in NOVA

TexasNative

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Yeah, I'm enough of a rebel (especially against unearned and unmerited claims of authority) that the idea intrigues me.

~ Boyd
 

Mike

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rabbit994 wrote:
About the Metro, I've had weapon in my bag all locked up riding the blue line. It might have been illegal but it was out of sight and out of mind.
Why would anyone think carrying on metro trains and busses is illegal in Virginia?

It's not.
 

Mike

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ed wrote:
user wrote:
Is the Red Cross a federal agency? Just having a federal corporate charter does not make it an agency of the U.S.
No. but thay stand by the Leased property is covered by the same rules as owned property. So.. If they OWNED it, it would be private property and they could ban guns.
I don't understand why this continues to be an issue - if premises are leased and controlled by an entity for private purposes, that entity can ban gun carry, government ownership of the land notwithstanding.
 

RedKnightt

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Mike wrote:
ed wrote:
user wrote:
Is the Red Cross a federal agency? Just having a federal corporate charter does not make it an agency of the U.S.
No. but thay stand by the Leased property is covered by the same rules as owned property. So.. If they OWNED it, it would be private property and they could ban guns.
I don't understand why this continues to be an issue - if premises are leased and controlled by an entity for private purposes, that entity can ban gun carry, government ownership of the land notwithstanding.
So if I rent the Richmond Coliseum, I can ban firearms?
 

TexasNative

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Mike, the user's name is user, just follow the link that I provided in my post. If you want to read his rationale, then read his post in this thread.

~ Boyd
 

Mike

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TexasNative wrote:
Mike, the user's name is user, just follow the link that I provided in my post. If you want to read his rationale, then read his post in this thread.

~ Boyd

You mean this: "That's true if they have a certain kind of lease; a "term for years" is an interest in real property, so if their lease is measured in years (as opposed to hours or days), then they're right. Otherwise, it's an interest in personal property (a periodic tenancy or tenancy by sufferance), and not subject to the same rules." ??

This has nothing to do with preemption - the red cross is not subject to preemption unless they are an agent of the city.
 

user

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raftgyde wrote:
TexasNative wrote:
Mike, the user's name is user,

~ Boyd
Who's on first?  :lol:

Exactly.

Actually, I have to qualify my remarks. What I said is valid for civil purposes, but upon reflection, it is possible to be charged with the crime of trespass (as opposed to the tort of trespass)because of the way the statute is written (it does not distinguish between different ownership interests, whether the interest is real or personal, etc.):
§ 18.2-119. Trespass after having been forbidden to do so; penalties.

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, ...

So if the Red Cross dudes are, even temporarily, "other person lawfully in charge thereof", and a person enters in violation of their terms and conditions, e.g., carrying a gun, that person could be arrested for the class-one misdemeanor of trespassing.
 

ed

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user wrote:
a person enters in violation of their terms and conditions, e.g., carrying a gun, that person could be arrested for the class-one misdemeanor of trespassing.
Would the red cross not have to prove that you read their terms and conditions on their web site? I don't think they post anything at the gate.
 

user

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Actually, the RC wouldn't have to prove anything - it's up the Commonwealth to make out the elements of a criminal case. And, yes, criminal intent requiring either actual knowledge or facts sufficient to find that one ought to have known that he was not permitted on the property would be an element of the case. So someone who wandered in to the event with a concealed handgun not having prior notice might not be guilty of trespassing; I'm assuming, though, that an open carry situation would be met at the gate with some comment about the prohibition.
 

PWC_Glock

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gis wrote:
Being new to NOVA, I am still a little fuzzy on a couple of issues having to do with avoiding federal property. In my home state it was pretty clear-cut - stay out of federal buildings, post offices, and military bases, and youwere fine. Here I ran into a couple of things that I am still unclear on.

1. My parking is in the Ballston Metro Center parking garage, 901N. Stuart Street (at Fairfax Drive). This appears to be a privately owned development that houses a Hilton hotel (hotel guests park in the same garage), restaurants, and other businesses. However, there are federal government offices in that complex that have their own entrance and elevator banks. I made small talk with the security guard posted in the common area outside the government entrance, who said that the government leases space there. I am assuming that I am fine carrying from my parking spot out to the street if I stay in the common hotel/business area. It this correct?

2. I know that I am legal to carry on the Metro. However, would I be legal where the Metro goes over federal land? I am specifically referring to the blue line from Rosslyn to Franconia/Springfield. I am assuming that going past the Arlington Cemetery, Pentagon, and National Airport, it has to go over federal land at some point. If I don't get off at any of those places, am I good to carry on the Metro while riding through there?

Thanks for your help."

Sorry but you really need to study VA laws.
 

jaypstewart

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I drive on US 301 thru Ft. AP Hill everyday. It is federal land and legal to carry on...

Does not this go hand and hand with the friendly passage laws...
It is legal where I start and my destination, so as long as I don't exit the vehicle I am OK?

I am not sure if that only applies to unloaded and cased weapons or CHP as well...
 

MSC 45ACP

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We're not in NOVA, but all roads in and out of Yorktown are surrounded by National Park(Colonial National Historical Park) land. It is legal to OC and CC on these roads as they are owned by and maintained by the state. I wouldn't stop to smell the flowers (or the rare and endangered local flora, the Yorktown Onion) or the local fauna, but you can certainly "bring your guns to town" and walk the streets of downtown Yorktown as we do several times a week.
 

virginiatuck

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MSC 45ACP wrote:
We're not in NOVA, but all roads in and out of Yorktown are surrounded by National Park (Colonial National Historical Park) land. It is legal to OC and CC on these roads as they are owned by and maintained by the state. I wouldn't stop to smell the flowers (or the rare and endangered local flora, the Yorktown Onion) or the local fauna, but you can certainly "bring your guns to town" and walk the streets of downtown Yorktown as we do several times a week.
I'm not interested in smelling the local fauna anyway. :lol:
 
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