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CC in a restuarant/bar question

9MM Owner

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A friend's band plays weekends at Va. restuarant/bar and I OC with no real problems but the owner did ask if I could CC to prevent someone (after having to much) from trying something stupid. I know that OC is legal but was curious if it would legal if the establishment's owner requested me to CC. I do have a CWP.
 

ed

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9MM Owner wrote:
A friend's band plays weekends at Va. restuarant/bar and I OC with no real problems but the owner did ask if I could CC to prevent someone (after having to much) from trying something stupid. I know that OC is legal but was curious if it would legal if the establishment's owner requested me to CC. I do have a CWP.
If he decided to employ you for the night, you could. Also.. if you are in VA and have a VA permit, it is a CHP not a CWP.

Welcome to OCDO.

Ed
 

Lie2me

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I ain't no lawyer, but it sounds like the owner is asking you to break the law, perhaps by not knowing any better. Just b/c he owns the place he can't change the code of va. I understand his "intent" for asking you to do this, but he won't be paying for fines or doing your jail time if you were to get caught. The law is the law.

Welcome to the board!
 

9MM Owner

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ed wrote:
9MM Owner wrote:
A friend's band plays weekends at Va. restuarant/bar and I OC with no real problems but the owner did ask if I could CC to prevent someone (after having to much) from trying something stupid. I know that OC is legal but was curious if it would legal if the establishment's owner requested me to CC. I do have a CWP.
If he decided to employ you for the night, you could. Also.. if you are in VA and have a VA permit, it is a CHP not a CWP.

Welcome to OCDO.

Ed


Thanks Ed,

I wasn't sure but knew if I asked here I'd get the right response. Wasn't there something going around about allowing CC?
 

ed

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9MM Owner wrote:
ed wrote:
9MM Owner wrote:
A friend's band plays weekends at Va. restuarant/bar and I OC with no real problems but the owner did ask if I could CC to prevent someone (after having to much) from trying something stupid. I know that OC is legal but was curious if it would legal if the establishment's owner requested me to CC. I do have a CWP.
If he decided to employ you for the night, you could. Also.. if you are in VA and have a VA permit, it is a CHP not a CWP.

Welcome to OCDO.

Ed


Thanks Ed,

I wasn't sure but knew if I asked here I'd get the right response. Wasn't there something going around about allowing CC?
Yep.. but it didnt pass.. It should next year if when we get a new gov in office.
 

ODA 226

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Lie2me wrote:
I ain't no lawyer, but it sounds like the owner is asking you to break the law, perhaps by not knowing any better. Just b/c he owns the place he can't change the code of va. I understand his "intent" for asking you to do this, but he won't be paying for fines or doing your jail time if you were to get caught. The law is the law.

Welcome to the board!
Ed is correct. If the owner employs you, even for the evening, and you have a valid CHP, you CAN CC in his establishment.
 

wylde007

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Or if you are sponsoring/hosting an event at the establishment.

Consider that the band is getting paid for their performance. You help the band load in, set up, tear down and load out. They pay you (or buy your drinks, etc). You are an employee of the band who are, by proxy, employees of the establishment.

You may CC.

Being in a band and engineering sound HUNDREDS of times over the years I have never encountered any problems carrying concealed as I work at any establishment.

You of course have to make your own decision about it, but enough argument could be presented under 18.2-308.J3 to support.
 

MackTheKnife

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If he employed you, AND you had a VA Armed Security guard certification, you could. Carrying concealed in a "restaraunt or club" is illegal.
 

Marco

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MackTheKnife wrote:
If he employed you, AND you had a VA Armed Security guard certification, you could. Carrying concealed in a "restaraunt or club" is illegal.
Please provide a cite for your extra legal requirement.


[line]
§18.2-308 (J.3.): 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, 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.
 

TexasNative

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MackTheKnife wrote:
Carrying concealed in a "restaraunt or club" is illegal.
Not in all cases: § 18.2-308.J.3

No person shall carry a concealed handgun onto the premises of any restaurant or club...Nothing herein shall prohibit 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.
Which is why folks are saying that it's permissible in those types of circumstances.

~ Boyd
 

wylde007

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MackTheKnife wrote:
If he employed you, AND you had a VA Armed Security guard certification, you could. Carrying concealed in a "restaurant or club" is illegal.
Wrong. As TexasNative duly noted, any employee may carry concealed so long as they have a permit and the owner approves, regardless of the capacity of their employment.

I find no reference to a "VA Armed Security Guard" certification under the VA DPOR (http://www.dpor.virginia.gov/ Department of Occupational and Professional Regulation) that would support your extra-legal reference.
 

ODA 226

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MackTheKnife wrote:
If he employed you, AND you had a VA Armed Security guard certification, you could. Carrying concealed in a "restaraunt or club" is illegal.

Mack,

Sorry. You are wrong here. Please research before posting or be prepared to cite. Not trying to flame, but there are too many folks making posts before making sure what they say is correct.

Cheers.
 

IanB

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Contract for employment

I (bar owner) do hereby employ (gun owner) to provide the services of "music critic"on (date). Theemployee will be compensated $1.

Signed (bar owner)
 

richarcm

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Richmond, VA
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Would there be a need to be compensated by the owner in order for there to be an official transaction of labor? Could he just be helping out a friend and be "employed"?
 

skidmark

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richarcm wrote:
Would there be a need to be compensated by the owner in order for there to be an official transaction of labor? Could he just be helping out a friend and be "employed"?

"Employed" means an exchange of labor for some sort of renumeration. Cash is the usual means, but he could pay you by giving you a meal. Merely being there does not meet the definition of "employment".

stay safe.

skidmark
 

richarcm

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skidmark wrote:
richarcm wrote:
Would there be a need to be compensated by the owner in order for there to be an official transaction of labor? Could he just be helping out a friend and be "employed"?

"Employed" means an exchange of labor for some sort of renumeration. Cash is the usual means, but he could pay you by giving you a meal. Merely being there does not meet the definition of "employment".

stay safe.

skidmark
that being the case you would have to be on payroll. otherwise he could pay me nothing at all and just say that he already paid me if questioned. Because if I'm just a customer who is at some bar to watch my friends play in a band...I would think that the owner would want to make this as easy as possible. He could give me $1 bill but he could also give me nothing with an agreement that he had paid me. Or if proof of payment is required he could put me on payroll.
 
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