Virginia Gun Owners Forum :|: General Discussion :|: Firearms Discussion :|: Marketplace :|: Laws and Politics :|: Regional :|: VGOF.org

Congratulations to Greekfreak - the winner of the Sterling Arsenal AR-15 Giveaway!
Virginia Citizens Defense League (VCDL) Needs Your Help - Click Here to Donate Now!
Click here for details -> why does VCDL need my help?

Interpretation of "Carrying in Church" law

The Code of Virginia is not preemptible by local statute

Interpretation of "Carrying in Church" law

Postby Jim » Tue, 26 Oct 2010 15:22:14

� 18.2-283. Carrying dangerous weapon to place of religious worship.

If any person carry any gun, pistol, bowie knife, dagger or other dangerous weapon, without good and sufficient reason, to a place of worship while a meeting for religious purposes is being held at such place he shall be guilty of a Class 4 misdemeanor.

As I understand it, the underlined and bolded phrase is the hair splitter. Anybody have any comments on what would suffice as described?
I've had several people ask me what would be a "Good and sufficient reason" and I can't answer the question.
Just for the record, I DO attend worship service and I DO NOT carry in the building. That's my choice for my own personal reasons and it has nothing to do with the law, allowed or not.
Lord, please protect us today from having to use deadly force.


User avatar
Jim
Sharp Shooter
Sharp Shooter
 
Posts: 423
Joined: Thu, 11 Mar 2010 15:56:47
Location: Floyd
First Name: Jim

Re: Interpretation of "Carrying in Church" law

Postby jaywade » Tue, 26 Oct 2010 16:28:56

one of the things I was let down about when I got my permit, my wife and I have failed to find a new church family since moving here to VA (been 6 months), we've attended services in a couple different places haven't found one that fit yet, anyway church is one place I was hoping to be able to carry, Tara and I are Bapist, there have been serveral shooting at church's across the nation espically bapist church's, christ himself said believer's would be singled out and scorned and attacked and I think you can see the evidence of this espically lately.

At our church we are members of back in Md we had serveral LEO's that were members they always carried on Sundays.

I know of a church in Alexandria that has armed secruity at it's services .... I would like to carry at a church if there was no security or off duty Leo's there


User avatar
jaywade
Sharp Shooter
Sharp Shooter
 
Posts: 116
Joined: Wed, 12 May 2010 22:07:05
Location: Leesburg,VA
First Name: Jason

My Arsenal:
Spikes Tactial 10.5 in St-15
Spikes Tactial 6.8 St-15
Mossberg 590, & 500A
Stoeger Coach Gun 12 Ga
Saiga -12
Ruger 10/22
Marlin model 60
Kimber PRO CARRY II
Kimber Custom TLE
Beretta Cougar 8045
Stoeger Cougar 8000
Sig Sauer P-6
H & K USP Tactial .45
Walther P-22

Next Firearm:
ruger 22/45 threaded

Re: Interpretation of "Carrying in Church" law

Postby VBshooter » Tue, 26 Oct 2010 17:23:22

IMHO Yours and your wifes personal self defense is Good and Sufficient Reason to carry concealed.. Do it and don't advertise it.
Image


Virginia Citizens Defense League (VCDL) Member   National Rifle Association (NRA) Member   Virginia Shooting Sports Association (VSSA) Member   Gun Owners of America (GOA) Member   Oath Keepers (OK) Member  
User avatar
VBshooter
VGOF Silver Supporter
VGOF Silver Supporter
 
Posts: 3264
Joined: Wed, 25 Mar 2009 11:14:27
Location: Virginia Beach
First Name: Spence

Next Firearm:
H&K Sig or an AK47/74

Re: Interpretation of "Carrying in Church" law

Postby allingeneral » Tue, 26 Oct 2010 17:28:02

VBshooter wrote:IMHO Yours and your wifes personal self defense is Good and Sufficient Reason to carry concealed.. Do it and don't advertise it.


+1 (*2)
Please visit our 100,000th Post Giveaway Sponsors!
Image


Virginia Citizens Defense League (VCDL) Member   National Rifle Association (NRA) Member   Active, Reserve or Veteran of the United States Navy  
User avatar
allingeneral
Site Admin
Site Admin
 
Posts: 7442
Joined: Sun, 01 Mar 2009 17:38:25
Location: King George, Virginia
First Name: Rick

My Arsenal:
Armalite M15A2
Ruger 10/22
S&W 4043 .40
Daly 1911 .45
Mossberg 500 12Ga
Rem 870 Super Mag
Ranger Youth 20Ga
Browning Buck Mark .22
Chinese SKS (Circa mid-70's)

Next Firearm:
Lever Action .357Mag

Re: Interpretation of "Carrying in Church" law

Postby Jim » Tue, 26 Oct 2010 17:39:33

jaywade wrote:.....At our church we are members of back in Md we had serveral LEO's that were members they always carried on Sundays.

I'm not sure without reading through the law again, but, as I understand it, LEO's are allowed to carry virtually anywhere.

I know of a church in Alexandria that has armed secruity at it's services .... I would like to carry at a church if there was no security or off duty Leo's there

I'm guessing the law was written to protect the congregation from multiple fields of fire in the event of an active shooter. That doesn't protect me and/or you, though, does it?

Rick, do you suppose we, the gun owners, could petition for this to be rewritten so that it can be clearly interpreted? Maybe something about a letter of approval from the pastor or some such? I dunno, I'm just throwin' darts here. Clearly(no pun intended), it is not definable as it is written.
Lord, please protect us today from having to use deadly force.


User avatar
Jim
Sharp Shooter
Sharp Shooter
 
Posts: 423
Joined: Thu, 11 Mar 2010 15:56:47
Location: Floyd
First Name: Jim

Re: Interpretation of "Carrying in Church" law

Postby gunderwood » Tue, 26 Oct 2010 17:42:57

jaywade wrote:one of the things I was let down about when I got my permit, my wife and I have failed to find a new church family since moving here to VA (been 6 months), we've attended services in a couple different places haven't found one that fit yet, anyway church is one place I was hoping to be able to carry, Tara and I are Bapist, there have been serveral shooting at church's across the nation espically bapist church's, christ himself said believer's would be singled out and scorned and attacked and I think you can see the evidence of this espically lately.

At our church we are members of back in Md we had serveral LEO's that were members they always carried on Sundays.

I know of a church in Alexandria that has armed secruity at it's services .... I would like to carry at a church if there was no security or off duty Leo's there

I know lots of people who carry in churches around VA. If the church doesn't have a problem with it, who is going to say otherwise? Now if you do something stupid, like fire a warning shot towards an aggressor, then it is not out of the question for a zealous prosecutor to heap that charge on you. If you are concealing, in general, people shouldn't know you have it. If that is the case and you end up needing the gun for legitimate SD, what jury is going to convict you? The very circumstances which required you defend yourself and the rest of the congregation, prove you had sufficient cause.
sudo modprobe commonsense
FATAL: Module commonsense not found.

Folding@Home
Image


User avatar
gunderwood
VGOF Platinum Supporter
VGOF Platinum Supporter
 
Posts: 5648
Joined: Sat, 19 Dec 2009 00:28:34

Re: Interpretation of "Carrying in Church" law

Postby Jakeiscrazy » Tue, 26 Oct 2010 17:45:58

Rick, do you suppose we, the gun owners, could petition for this to be rewritten so that it can be clearly interpreted? Maybe something about a letter of approval from the pastor or some such? I dunno, I'm just throwin' darts here. Clearly(no pun intended), it is not definable as it is written.


This is know doubt a really stupid law and not only does it go against gun but any "dangerous weapon". I believe that this was almost change but got killed up by a "Deathstar sub-committee" made up of anti-gunners. It should be change. BTW IF your pastor is OK with it maybe he can appoint you "security" and that can't hurt.
“Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy, its inherent virtue is the equal sharing of misery.”
-Winston Churchill


Virginia Citizens Defense League (VCDL) Member  
User avatar
Jakeiscrazy
Sharp Shooter
Sharp Shooter
 
Posts: 2611
Joined: Thu, 30 Jul 2009 10:06:02
Location: Chesterfield, VA
First Name: Jake

My Arsenal:
.22 Springfield 87a
Ruger 10/22 with Volquartsen Trigger

Next Firearm:
S&W M&P 9mm

Re: Interpretation of "Carrying in Church" law

Postby gunderwood » Tue, 26 Oct 2010 17:47:43

Jim wrote:I'm guessing the law was written to protect the congregation from multiple fields of fire in the event of an active shooter. That doesn't protect me and/or you, though, does it?

No, the law exists for other reasons. I don't remember what the argument was when this specific instance of it was enacted. However, VA has bounced between no guns and mandatory guns in church many times. At one point, politicians were complaining that the people were keeping the letter of the law (requiring everyone to bring arms to church), but ignoring the spirit of the law because when they arrived at church they were handing the guns over to a black (possibly/probably a slave). The intent of that instance was because of several slave rebellions that started while the white owners were at church and unarmed.

Like most gun laws, there is no rational base for it.
sudo modprobe commonsense
FATAL: Module commonsense not found.

Folding@Home
Image


User avatar
gunderwood
VGOF Platinum Supporter
VGOF Platinum Supporter
 
Posts: 5648
Joined: Sat, 19 Dec 2009 00:28:34

Re: Interpretation of "Carrying in Church" law

Postby Jim » Tue, 26 Oct 2010 18:37:58

I thank all of you for your responses. This is quickly becoming a good thread, IMHO. I'd like to hear from others and from those that have already posted about further posts.
Again, thanks, fellas.
Lord, please protect us today from having to use deadly force.


User avatar
Jim
Sharp Shooter
Sharp Shooter
 
Posts: 423
Joined: Thu, 11 Mar 2010 15:56:47
Location: Floyd
First Name: Jim

Re: Interpretation of "Carrying in Church" law

Postby Jim » Tue, 26 Oct 2010 18:48:52

gunderwood wrote:.....I know lots of people who carry in churches around VA. If the church doesn't have a problem with it, who is going to say otherwise?
I agree. If nothing ever happens, it's a static issue.
Now if you do something stupid, like fire a warning shot towards an aggressor, then it is not out of the question for a zealous prosecutor to heap that charge on you.
I would fully expect that to happen.
If you are concealing, in general, people shouldn't know you have it. If that is the case and you end up needing the gun for legitimate SD, what jury is going to convict you? The very circumstances which required you defend yourself and the rest of the congregation, prove you had sufficient cause.

This is where I'm confused. To start with, you're right and I agree with you. But if the jury is going to say "Oh, well it's OK, then", there would be no need for this law to begin with. Or so I'm guessing.
You see where I'm going with this? It looks like a catch 22 situation to me. If I carry, I risk being prosecuted. If I don't carry, I risk being killed. That ain't no good!
I'm back to where I started. I think this thing needs to be rewritten so it's clear as to what is "good and sufficient reason".
Lord, please protect us today from having to use deadly force.


User avatar
Jim
Sharp Shooter
Sharp Shooter
 
Posts: 423
Joined: Thu, 11 Mar 2010 15:56:47
Location: Floyd
First Name: Jim

Re: Interpretation of "Carrying in Church" law

Postby PistolPilot » Tue, 26 Oct 2010 18:50:16

My CCW course instructor said that he has trained and sold many "carry" guns to members of one particular church. They got trained and went shopping because their pastor recommended it.

Now if THAT'S not reason enough...


User avatar
PistolPilot
Marksman
Marksman
 
Posts: 50
Joined: Mon, 09 Aug 2010 08:27:14
First Name: Travis

My Arsenal:
Kimber Custom TLE II
CZ85 Combat
Kahr MK9
Ruger Security Six 4" Stainless

Next Firearm:
Who knows

Re: Interpretation of "Carrying in Church" law

Postby Jim » Tue, 26 Oct 2010 18:54:46

So, guys, do y'all think that a letter from the pastor authorizing CC in service would kill a D/A's attempt to prosecute?
Lord, please protect us today from having to use deadly force.


User avatar
Jim
Sharp Shooter
Sharp Shooter
 
Posts: 423
Joined: Thu, 11 Mar 2010 15:56:47
Location: Floyd
First Name: Jim

Re: Interpretation of "Carrying in Church" law

Postby VBshooter » Tue, 26 Oct 2010 19:07:30

Unfortunately I don;t beleive the pastor can preempt VA state law, however It would carry a lot more weight with a jury IMHO... I still consider self defense as good enough reason to CC,,
Image


Virginia Citizens Defense League (VCDL) Member   National Rifle Association (NRA) Member   Virginia Shooting Sports Association (VSSA) Member   Gun Owners of America (GOA) Member   Oath Keepers (OK) Member  
User avatar
VBshooter
VGOF Silver Supporter
VGOF Silver Supporter
 
Posts: 3264
Joined: Wed, 25 Mar 2009 11:14:27
Location: Virginia Beach
First Name: Spence

Next Firearm:
H&K Sig or an AK47/74

Re: Interpretation of "Carrying in Church" law

Postby user » Tue, 26 Oct 2010 19:11:19

Mere authorization from a religious leader would not suffice, in my opinion. However, if the leader cited apprehension due to a specific threat or even a general threat (violent attacks against congregations on the increase), and expressed a need for protection for the congregation, and requested the carry in church, that would do it.

My personal opinion is that, given recent decisions in Heller and [i]McCormick[I], preparation for self defense is not only a good and sufficient reason but a Constitutionally protected reason which the state cannot abridge other than upon a showing of compelling state interest. I don't agree with either of those decisions, myself, and I think Virginia's Constitution already prohibits statutes like the one under consideration. Besides, the statute is probably unenforceable because as a criminal statute it cannot be vague or ambiguous.
=====
http://www.VirginiaLegalDefense.com
Member & Participating Attorney, Armed Citizens' Legal Defense Network
NRA Certified Instructor: Pistol, Rifle, Personal Protection
Image


Virginia Citizens Defense League (VCDL) Member   National Rifle Association (NRA) Member  
User avatar
user
Sharp Shooter
Sharp Shooter
 
Posts: 177
Joined: Sun, 13 Dec 2009 06:43:43
Location: Northern Piedmont & Mid-Nowhere, W.Va.
First Name: DLH

Re: Interpretation of "Carrying in Church" law

Postby gunderwood » Tue, 26 Oct 2010 19:13:22

Jim wrote:
gunderwood wrote:.....I know lots of people who carry in churches around VA. If the church doesn't have a problem with it, who is going to say otherwise?
I agree. If nothing ever happens, it's a static issue.
Now if you do something stupid, like fire a warning shot towards an aggressor, then it is not out of the question for a zealous prosecutor to heap that charge on you.
I would fully expect that to happen.
If you are concealing, in general, people shouldn't know you have it. If that is the case and you end up needing the gun for legitimate SD, what jury is going to convict you? The very circumstances which required you defend yourself and the rest of the congregation, prove you had sufficient cause.

This is where I'm confused. To start with, you're right and I agree with you. But if the jury is going to say "Oh, well it's OK, then", there would be no need for this law to begin with. Or so I'm guessing.
You see where I'm going with this? It looks like a catch 22 situation to me. If I carry, I risk being prosecuted. If I don't carry, I risk being killed. That ain't no good!
I'm back to where I started. I think this thing needs to be rewritten so it's clear as to what is "good and sufficient reason".

Churches should be treated like the private property they are. Let each church choose if they wish to allow it or not. The State should not be involved in telling one private property owner what they should or should not allow. It doesn't need rewritten, it needs deleted IMHO.
sudo modprobe commonsense
FATAL: Module commonsense not found.

Folding@Home
Image


User avatar
gunderwood
VGOF Platinum Supporter
VGOF Platinum Supporter
 
Posts: 5648
Joined: Sat, 19 Dec 2009 00:28:34

Re: Interpretation of "Carrying in Church" law

Postby Jim » Tue, 26 Oct 2010 19:31:35

gunderwood wrote:..... It doesn't need rewritten, it needs deleted IMHO.


So, how do we make that happen?
Lord, please protect us today from having to use deadly force.


User avatar
Jim
Sharp Shooter
Sharp Shooter
 
Posts: 423
Joined: Thu, 11 Mar 2010 15:56:47
Location: Floyd
First Name: Jim

Re: Interpretation of "Carrying in Church" law

Postby gunderwood » Tue, 26 Oct 2010 19:40:07

Jim wrote:
gunderwood wrote:..... It doesn't need rewritten, it needs deleted IMHO.


So, how do we make that happen?

I'd start by talking to VCDL and see what contacts they have. Surely, someone would be willing to sponsor this next session and these sorts of bills have a much better chance of getting through this year. However, I'm sure we will find out which politicians voted pro-gun because they knew the governor would veto it or they got a back door assurance that the "Death Star" committee would handle it.
sudo modprobe commonsense
FATAL: Module commonsense not found.

Folding@Home
Image


User avatar
gunderwood
VGOF Platinum Supporter
VGOF Platinum Supporter
 
Posts: 5648
Joined: Sat, 19 Dec 2009 00:28:34

Re: Interpretation of "Carrying in Church" law

Postby Jim » Tue, 26 Oct 2010 19:44:31

Whadda ya' say, fellas? Y'all wanna tackle this? If we band together and approach VCDL on this, we just might get something started.
Lord, please protect us today from having to use deadly force.


User avatar
Jim
Sharp Shooter
Sharp Shooter
 
Posts: 423
Joined: Thu, 11 Mar 2010 15:56:47
Location: Floyd
First Name: Jim

Re: Interpretation of "Carrying in Church" law

Postby zephyp » Wed, 27 Oct 2010 05:06:03

Bottom line is if you carry concealed correctly and no one ever finds out unless you are forced to use it in SD then that becomes your good and sufficient reason. Nothing to worry about otherwise unless your church uses detectors or strip searches...
No more catchy slogans for me...I am simply fed up...4...four...4...2+2...

Image


Virginia Citizens Defense League (VCDL) Member   National Rifle Association (NRA) Member   Gun Owners of America (GOA) Member   Virginia Gun Owners Coalition (VGOC) Member  
User avatar
zephyp
VGOF Platinum Supporter
VGOF Platinum Supporter
 
Posts: 10207
Joined: Tue, 05 May 2009 08:40:55
Location: Springfield, VA
First Name: DK

My Arsenal:
My Favs:
Whatever gets the job done.

Next Firearm:
M-1 Garand

Re: Interpretation of "Carrying in Church" law

Postby srwg9mm » Wed, 27 Oct 2010 07:33:46

gunderwood wrote:It doesn't need rewritten, it needs deleted IMHO.

+1
I think we need to leave it be as is or seek to have it scrapped altogether. Trying to get it changed for clarification is just asking to get stuck with an even more restrictive law.
Nothing complements the beauty of mother nature quite like a semi-automatic weapon.


User avatar
srwg9mm
On Target
On Target
 
Posts: 39
Joined: Tue, 07 Sep 2010 19:56:57

Next

Return to Virginia Laws and Regulations

Who is online

Users browsing this forum: No registered users and 11 guests            

VGOF RSS Feed
(Latest Posts)

[Valid RSS]



VGOF Newsletter
Local Gun News
Amazon.com shopper?
Start here and help support VGOF!

 

Please Support
Our Sponsors


Be Prepared - Buy a Maglite Flashlight!
Please Support
Our Sponsors