According to the state code section on plain-vanilla trespassing, a sign is sufficient notice as long as it’s placed in a spot where it may reasonably be seen. Code of Virginia §18.2-119. I don’t know of a code section dealing with weapons; that’s certainly out of my bailiwick, and I don’t want to lead you astray with a wrong guess. But you may want to look at the cases that interpret that statute, and see if any of them deal with weapons.
Steve Emmert
--------------------------------------------------------------------------------
From: (skidmark
Sent: Wednesday, June 05, 2013 8:18 AM
To:
emmert@virginia-appeals.com
Subject: trespass in Virginia
Mr. Emmert,
I wonder if you would be willing to do a little free legal research for me.
An on-line discussion board I participate in is stuck on the concept of trespass in Virginia, especially as it relates to private businesses that post "No Guns" or "No Weapons" signs.
Side A is of the opinion that the posting of such a sign constitutes notice from the property owner or owner's agent, and that a person entering the property with a gun/weapon has committed a trespass without the need for the owner/agent to command them to leave and they refuse to do so.
Side B is of the opinion that the sign itself carries no legal weight and trespass only occurs when one refuses to leave after being commanded by the owner/agent to do so.
Would you be willing to find case law on this and point me towards it?
Thank you in advance.
(skidmark)