Virginia Gun Owners Forum - VGOF

by **IOpenCarryAndIVote** » Tue, 13 Dec 2011 14:04:33

I own a business in GloCo. I personally carry open, though may conceal due to the attention and gun talk it draws (not negative, just time consuming). I know I can CC in my own business without a permit, however, does anyone know if I can pass that same ability to my employees? None have expressed an interest, but if they do in the future, would they have to get a CCP to carry concealed in my store if I give them permission to do so? I have already made it clear that open carry is fine, so long as it is a legal gun and they are proficient with it.

by **Jakeiscrazy** » Tue, 13 Dec 2011 14:38:33

The exact wording exempts

1. Any person while in his own place of business;

So I would say no, but IANAL.

by **mk4** » Tue, 13 Dec 2011 14:50:08

ianal, either, but agree with Jake.

from: http://198.246.135.1/cgi-bin/legp504.ex ... d+18.2-308
§ 18.2-308[B1]

B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.

Except as provided in subsection J1, this section shall not apply to:

1. Any person while in his own place of business;

the key word being "own", implying owner of the business.

by **ProShooter** » Tue, 13 Dec 2011 16:01:28

They would need a CHP.

by **IOpenCarryAndIVote** » Wed, 14 Dec 2011 09:04:37

That's what I thought, but I figured I would ask just in case someone has better info than me. Thanks.

by **wylde007** » Mon, 19 Dec 2011 15:06:05

It doesn't specifically exempt the owner. It is an exemption for someone who while in their OWN place of business may carry.

As opposed to that person being in someone else's place of business.

The best advice is to consult an attorney, but was under the impression from conversations with law enforcement (yes, I know, NOT ATTORNEYS) that even a contractor working in a venue/facility is considered an "employee" and entitled to the same protections under the law.

Please don't thank people for giving out bad information.

Sorry, but Jake and Jim are both wrong in this case.

by **ProShooter** » Mon, 19 Dec 2011 20:10:49

wylde007 wrote:It doesn't specifically exempt the owner. It is an exemption for someone who while in their OWN place of business may carry.

As opposed to that person being in someone else's place of business.

The best advice is to consult an attorney, but was under the impression from conversations with law enforcement (yes, I know, NOT ATTORNEYS) that even a contractor working in a venue/facility is considered an "employee" and entitled to the same protections under the law.

Please don't thank people for giving out bad information.

Sorry, but Jake and Jim are both wrong in this case.

um, sorry...but I'm not gonna budge on this one. Someone's own place of business is the owner's business....not the employee's. That is their (the employee's) place of employment.

by **Jakeiscrazy** » Mon, 19 Dec 2011 23:14:47

ProShooter wrote:
wylde007 wrote:It doesn't specifically exempt the owner. It is an exemption for someone who while in their OWN place of business may carry.

As opposed to that person being in someone else's place of business.

The best advice is to consult an attorney, but was under the impression from conversations with law enforcement (yes, I know, NOT ATTORNEYS) that even a contractor working in a venue/facility is considered an "employee" and entitled to the same protections under the law.

Please don't thank people for giving out bad information.

Sorry, but Jake and Jim are both wrong in this case.

um, sorry...but I'm not gonna budge on this one. Someone's own place of business is the owner's business....not the employee's. That is their (the employee's) place of employment.

Agreed ProShooter, I considered that possibility for a moment but decided that it's always best to err on the side of caution. I could see some judge deciding that the law applies to the owner only and then you have a big problem on your hands. Risk>Reward

by **SHMIV** » Mon, 19 Dec 2011 23:56:31

I understand Wylde's point. He makes a decent case.

I have to side with ProShooter and the Crazy One on this, though. Especially the part about caution; you get stuck in front of an anti-gun judge, you know damn well how he's going to read that law.

That said, however... Where is User? I'd be interested in hearing his take on the subject, considering that he actually IS a lawyer.

by **wylde007** » Tue, 20 Dec 2011 09:54:07

Side with whomever you like. I would love to hear Dan chime in on this. I believe you are all taking the context of "own business" too literally in that the owner is the only one who qualifies.

Yes, words have meanings and especially under the law. This is no different. You have assigned an arbitrary definition of "own" which may not fit the argument.

I see your point, I just categorically disagree with it.