AH, the subtleties of the law, and of the interpretations of those who we pay to enforce said law.
A recurring topic on THR is the enforceability of no-weapon and no-gun signs at business establishment.
In Virginia, the relevant law states the following:
The citation is §18.2-308 Carrying Concealed Weapons, available online at
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308
However, the Virginia State Police web site provides the following interpretation:
Please notice that the law says nothing about posting or signage. It only refers to the owner's prerogative.
Thus, the State Police have apparently decided that any posted sign prohibiting guns or weapons is prima faceia evidence of an owner's decision, and are advising the public accordingly.
IANAL, but unless there is case law establishing the posting provision found on the State Police web site, I suspect a good lawyer could negate any action where it can be shown a resident manager, without the owner's permission or knowledge, had posted prohibitory signs. There have been a few unconfirmed reports that local restaurant managers have done just that.
Notwithstanding my suspicion, it is probably pretty wise to assume such signs are there with the owners' decision, and act accordingly. For our lucky Texas brethren (and sistern) note that we in VA have nothing whatsoever approximating your 30-06 law. Any sign will do. In fact, logically and grammatically, no sign is required. If a patron is informed verbally by store management of the prohibition (and it does in fact come from the owner), that would probably trigger the law.
I'd love to see comment on this topic from any of our ", Esquire," forum members.
craig
A recurring topic on THR is the enforceability of no-weapon and no-gun signs at business establishment.
In Virginia, the relevant law states the following:
The citation is §18.2-308 Carrying Concealed Weapons, available online at
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308
However, the Virginia State Police web site provides the following interpretation:
Please notice that the law says nothing about posting or signage. It only refers to the owner's prerogative.
Thus, the State Police have apparently decided that any posted sign prohibiting guns or weapons is prima faceia evidence of an owner's decision, and are advising the public accordingly.
IANAL, but unless there is case law establishing the posting provision found on the State Police web site, I suspect a good lawyer could negate any action where it can be shown a resident manager, without the owner's permission or knowledge, had posted prohibitory signs. There have been a few unconfirmed reports that local restaurant managers have done just that.
Notwithstanding my suspicion, it is probably pretty wise to assume such signs are there with the owners' decision, and act accordingly. For our lucky Texas brethren (and sistern) note that we in VA have nothing whatsoever approximating your 30-06 law. Any sign will do. In fact, logically and grammatically, no sign is required. If a patron is informed verbally by store management of the prohibition (and it does in fact come from the owner), that would probably trigger the law.
I'd love to see comment on this topic from any of our ", Esquire," forum members.
craig
