CCW on private property with no weapons posted

swinokur said:

That's the point. There is NO violation of VA LAW by ignoring the sign. That's the point of the thread..

Not leaving when told to leave is then a VA trespass violation.

IANAL

See VA § 18.2-308

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.1

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gamer_jim said:

That's what i thought, thanks. Other poster sounded contrary.

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O. The granting of a concealed handgun permit shall not thereby authorize the possession of any handgun or other weapon on property or in places where such possession is otherwise prohibited by law or is prohibited by the owner of private property.

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vafish said:

From the 2 defense lawyers I have talked to yes they are contrary. I agree with them the law says:



If the permit does not authorize possession on private property that the owner has prohibited possession, then you are in violation of 18.2-308 and can be charged with a misdemeanor concealed weapon violation.

Now the reason that the lawyers I talked to said that they could not find anyone charged for simply walking into a prohibited property is that the government would have to prove that the person carrying the concealed weapon knew that the owner of the property prohibited concealed weapons. Sure there might be a small sign by the door, but it can be argued that is not sufficient notification. Now if you are caught concealed carrying on their property and they verbally inform you that concealed carry is not allowed and you immediately leave why would they charge you? If you were to return and continue to conceal carry once you had been notified then it would be a pretty easy prosecution. But in that situation a trespass violation is much easier to prosecute.

I think it's a case of what you might possibly be charged with and what you are most likely to be charged with.

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alucard0822 said:

Concealed means concealed

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