penalty for carrying?

Open Carry and Concealed Carry. Where did you carry today?
User avatar
whplanet
Sighting In
Sighting In
Posts: 15
Joined: Sun, 10 Apr 2011 08:46:09

penalty for carrying?

Post by whplanet »

According to the first link in the forum, if I CC to a restaurant and consume alcohol, I've commited a Class 2 Misdemeanor.

What if I carry where I'm not supposed to? For example, to my office since my employer has a no weapons policy?

[ Post made via Mobile Device ] Image
User avatar
Jakeiscrazy
VGOF Silver Supporter
VGOF Silver Supporter
Posts: 3519
Joined: Thu, 30 Jul 2009 10:06:02
Location: Chesterfield, VA

Re: penalty for carrying?

Post by Jakeiscrazy »

You may now CC in restaurants that serve alcohol provide you do not drink. Were is this old link your talking about?
“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
User avatar
ProShooter
Sharp Shooter
Sharp Shooter
Posts: 2176
Joined: Thu, 05 Mar 2009 15:46:51
Location: Richmond, Va.
Contact:

Re: penalty for carrying?

Post by ProShooter »

whplanet wrote:What if I carry where I'm not supposed to? For example, to my office since my employer has a no weapons policy?

[ Post made via Mobile Device ] Image
You would probably be charged with Trespassing..

Its a Class 1 misdemeanor - up to 12 mo. in jail, up to a $2500 fine, or any combination of the two.
Image

http://www.ProactiveShooters.com

NRA Certified Instructor
Utah State Certified Instructor
NRA Membership Recruiter
NRA RTBAV Instructor
NRA Chief RSO


"Make your gun go to work, and carry every day!"
OakRidgeStars
VGOF Gold Supporter
VGOF Gold Supporter
Posts: 14108
Joined: Sun, 22 Mar 2009 10:13:20

Re: penalty for carrying?

Post by OakRidgeStars »

Not to mention that your employer would probably make you a former employee.
User avatar
jdonovan
VGOF Gold Supporter
VGOF Gold Supporter
Posts: 1961
Joined: Tue, 28 Jul 2009 10:03:02

Re: penalty for carrying?

Post by jdonovan »

whplanet wrote:What if I carry where I'm not supposed to? For example, to my office since my employer has a no weapons policy?
Depends on the company....

Some may simply tell you to go put that in your car.

Some may send you home for a day, or a week.

Most will probably freak out, they will ban you from the premises until the company laywer can call you and say: <donald trump voice> YOUR FIRED </donald trump voice>


In the worst case, you get terminated for cause, and for the rest of your life have to answer "yes" to the job application question have you ever been terminated for cause? Then the real fun comes on the next line "explain the circumstances of your termination".

Where do you think the little HR lady at your next job would rank you as she is reviewing applications from:
a recently released felon?
or the guy who ignored the rules and brings guns into the office?
User avatar
Jericho01
Sharp Shooter
Sharp Shooter
Posts: 135
Joined: Mon, 23 Mar 2009 18:45:36

Re: penalty for carrying?

Post by Jericho01 »

Getting terminated from your company for cause disqualifies you from obtaining unemployment benefits. And if your actions result with you ending up with felonious record, say good-bye to your CHP.

So my unsolicited advice to you, friend, is: don't even think about it.
User avatar
b2unit
On Target
On Target
Posts: 30
Joined: Sat, 01 Jan 2011 23:04:02

Re: penalty for carrying?

Post by b2unit »

Funny my old company (some years back) was all male and all gun owners. We spent an inordinate amount of time sharing new weapons and modifications and 98% of the office personnel were armed.

Then we hired the whiner whom went home an told his wife about all the guns and she freaked out. He complain, "on her orders" and "threatened to sue" our small business. Guns were banned.

If he had just asked or been man enough to say they made him uncomfortable NO ONE would have really minded being a bit less high profile about it. I was a field supervisor so was in and out of the office and forgot to lock my weapon in the safe mounted in my trunk one day and walked into the COO's office (a good friend). Took a scolding and apologized....about a week later we fired a rather unstable new employee and I was called back in the office, "Hey man, you still have that pistol with you? if you don't could you go get it out of the car?". Now he wanted and armed employee...lol

So the policy became, all managers will be armed but the weapons will be concealed. Funny how the rules change about firearms when someone feels like they need to be protected.
User avatar
dorminWS
VGOF Platinum Supporter
VGOF Platinum Supporter
Posts: 7163
Joined: Mon, 06 Dec 2010 15:00:41
Location: extreme SW VA

Re: penalty for carrying?

Post by dorminWS »

Jericho01 wrote:Getting terminated from your company for cause disqualifies you from obtaining unemployment benefits. And if your actions result with you ending up with felonious record, say good-bye to your CHP.

So my unsolicited advice to you, friend, is: don't even think about it.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
I don't think that's strictly true.

Last time I checked, the only thing that disqualified you for unemployment benefits was either that YOU QUIT VOLUNTARILY, or were terminated FOR MISCONDUCT.

Misconduct, according to precedents followed (allegedly) by the hearings offocers and deputies at the Va. Employment Commission, is the intentional failure to comply with standards of conduct an employer had a right to impose.

In the scenario posited above, the employer had no weapons policy. So, while the Employer had a right to impose a policy, it had not done so. Therefore, the employer should not be disqualified for benefits.

Good news for employee would be he could collect his benefits. Bad news would be he was nevertheless unemployed.

Moreover, it would not surprise me if a large percentage of hearings oficers and deputies would get bit by the political correctness serpent and deny the benefits in spite of what they SHOULD have done just because there was a GUN in the workplace. You'd probably have to appeal to the Commission; which would probably do the same thing, and then appeal to the Circuit Court. MAYBE SOME judges would give you a fair shake. But In Northern Va, I'd hate to have to count on it.

UP AGAINST THE WALL YOU REDNECK MOTHER!
"The Bill of Rights is what the people are entitled to against every government, and what no just government should refuse, or rest on inference." -Thomas Jefferson
Gun-crazy? Me? I'd say the gun-crazy ones are the ones that don’t HAVE one.
matthew03
Sighting In
Sighting In
Posts: 13
Joined: Tue, 02 Aug 2011 01:47:16

Re: penalty for carrying?

Post by matthew03 »

You wouldn't have violated a law unless you were employed at a location that firearm's and concealed carry was not allowed by law. You would have violated company policy and would more than likely be terminated.

This happened at a company I worked for a couple of years ago. Employee carried a loaded firearm into work where someone observed it and told management. Management called LE and tried to press charges, employee held a CCP and LE stated to employee, "I have no problem with you carrying a firearm at all," (LE pointed at HR manager), "but these people do." He was suspended, escorted from the building, and terminated later by phone.
User avatar
GmuGuy
On Target
On Target
Posts: 33
Joined: Tue, 04 Oct 2011 00:21:53

Re: penalty for carrying?

Post by GmuGuy »

dorminWS wrote:
Jericho01 wrote:Getting terminated from your company for cause disqualifies you from obtaining unemployment benefits. And if your actions result with you ending up with felonious record, say good-bye to your CHP.

So my unsolicited advice to you, friend, is: don't even think about it.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
I don't think that's strictly true.

Last time I checked, the only thing that disqualified you for unemployment benefits was either that YOU QUIT VOLUNTARILY, or were terminated FOR MISCONDUCT.

Misconduct, according to precedents followed (allegedly) by the hearings offocers and deputies at the Va. Employment Commission, is the intentional failure to comply with standards of conduct an employer had a right to impose.

In the scenario posited above, the employer had no weapons policy. So, while the Employer had a right to impose a policy, it had not done so. Therefore, the employer should not be disqualified for benefits.

Good news for employee would be he could collect his benefits. Bad news would be he was nevertheless unemployed.

Moreover, it would not surprise me if a large percentage of hearings oficers and deputies would get bit by the political correctness serpent and deny the benefits in spite of what they SHOULD have done just because there was a GUN in the workplace. You'd probably have to appeal to the Commission; which would probably do the same thing, and then appeal to the Circuit Court. MAYBE SOME judges would give you a fair shake. But In Northern Va, I'd hate to have to count on it.

UP AGAINST THE WALL YOU REDNECK MOTHER!
+1
User avatar
mamabearCali
VGOF Bronze Supporter
VGOF Bronze Supporter
Posts: 2753
Joined: Thu, 19 May 2011 16:08:25

Re: penalty for carrying?

Post by mamabearCali »

It really really does stink bad. My husband has to walk through what could easily potentially be a dangerous part of Richmond each day, 5 blocks to and from his parking space. Business people are occasionally mugged and even assaulted from time to time even during daylight hours. He carries a pocket knife for protection (all his work will permit him). We have talked about getting him a super tiny super concealable mouse gun, but of course if he was found out he would be fired in a New York minute. It wears on us, because the time he MOST needs to carry his weapon he is forbidden by his company to do so. :bangin: So what do you do? Do you carry a tiny weapon (better than your fists) concealed very deeply and pray you are never found out--or do you risk maiming and death on a daily basis to comply with a company policy. I don't know, we have not figured that out yet.
"I do not love the bright sword for its sharpness, nor the arrow for its swiftness, nor the warrior for his glory. I love only that which they defend."
User avatar
jdonovan
VGOF Gold Supporter
VGOF Gold Supporter
Posts: 1961
Joined: Tue, 28 Jul 2009 10:03:02

Re: penalty for carrying?

Post by jdonovan »

mamabearCali wrote: He carries a pocket knife for protection (all his work will permit him).
So what do you do?
Do you carry a tiny weapon (better than your fists) concealed very deeply and pray you are never found out--or do you risk maiming and death on a daily basis to comply with a company policy.
The downside of me violating my work-place polices are federal level charges, so no I comply very strictly with the policy.

However most company policies are silent with regards to Taser, and peeper sprays, collapsible batons etc... Don't ask for permission. If its not prohibited, then it must be permitted. AND TELL NO ONE at work you are carrying anything.

My pepper belt holster looks a lot like a celphone case. I'm fine with the public making a false assumption. :clap:

If the neighborhood is that rough... .

GET A NEW JOB. Loosing your life is not worth that paycheck.

First rule of surviving a confrontation is to not have one in the first place.
User avatar
mamabearCali
VGOF Bronze Supporter
VGOF Bronze Supporter
Posts: 2753
Joined: Thu, 19 May 2011 16:08:25

Re: penalty for carrying?

Post by mamabearCali »

[quote="jdonovan"
The downside of me violating my work-place polices are federal level charges, so no I comply very strictly with the policy.

However most company policies are silent with regards to Taser, and peeper sprays, collapsible batons etc... Don't ask for permission. If its not prohibited, then it must be permitted. AND TELL NO ONE at work you are carrying anything.

My pepper belt holster looks a lot like a celphone case. I'm fine with the public making a false assumption. :clap:

If the neighborhood is that rough... .

GET A NEW JOB. Loosing your life is not worth that paycheck.

First rule of surviving a confrontation is to not have one in the first place.[/quote]

Your first suggestions are good. I will re-mention to him the pepper spray and the tazer.

Now as for it being a rough neighborhood and getting a new job. I like that. :hysterical: Even if he was inclined to do so--not so easy these days. As for the roughness of the neighborhood it is a corporate downtown Richmond district. This being a VA forum perhaps you know the area. How many people work there, tens of thousands. The homeless population is also huge, because that is where the resources are. Most of them are harmless, but from time to time one of his co-workers is mugged in the daylight on the way to a car. It does not have to be a "rough" neighborhood to get mugged. My family was once mugged literally in front of the Smithsonian Natural History museam at 4pm--I was a young teen at the time did not know my dad carried a muggers wallet and I had no idea what was going on.
"I do not love the bright sword for its sharpness, nor the arrow for its swiftness, nor the warrior for his glory. I love only that which they defend."
User avatar
jdonovan
VGOF Gold Supporter
VGOF Gold Supporter
Posts: 1961
Joined: Tue, 28 Jul 2009 10:03:02

Re: penalty for carrying?

Post by jdonovan »

mamabearCali wrote: Your first suggestions are good. I will re-mention to him the pepper spray and the tazer.
In less than a month after putting it on my belt I used it twice.... both 4-legged pests.

Incident 1 the aggressor was weekly hit with pepper, and casually left the area. Convinced me to switch from a fog unit to a stream nozzle.

incident 2 aggressor was noticeably orange from mid-chest up to top of head in < 1 second. The effect was MUCH more obvious, and I could clearly tell it was in distress/discomfort from being sprayed.

Get an inert unit and practice before you carry it.

Also the threshold of use for pepper/taser is lower than for a firearm, so I'm still carrying both.... it provides options that having only a lethal option in the pocket would not.
User avatar
ProShooter
Sharp Shooter
Sharp Shooter
Posts: 2176
Joined: Thu, 05 Mar 2009 15:46:51
Location: Richmond, Va.
Contact:

Re: penalty for carrying?

Post by ProShooter »

jdonovan wrote: However most company policies are silent with regards to Taser, and peeper sprays, collapsible batons etc... Don't ask for permission. If its not prohibited, then it must be permitted. AND TELL NO ONE at work you are carrying anything.
+1

I just taught a pepper spray class for a group of ladies who work the midnight shift in a 24 hour business and they are not allowed to carry firearms, but nothing else was addressed. They seem to have a problem with homeless folks coming in and using the restroom/sleeping/being disorderly in their store. Pepper spray is a great option.
Image

http://www.ProactiveShooters.com

NRA Certified Instructor
Utah State Certified Instructor
NRA Membership Recruiter
NRA RTBAV Instructor
NRA Chief RSO


"Make your gun go to work, and carry every day!"
User avatar
thekinetic
Sharp Shooter
Sharp Shooter
Posts: 1753
Joined: Wed, 31 Aug 2011 21:51:23
Location: Springfield, Va

Re: penalty for carrying?

Post by thekinetic »

I don't fear anyone unless they have a gun. I learned how to fight very young and it really doesn't take much to put someone in a lot of pain with your fists.

For one don't hit with your fingers, instead twist your wrist inward slightly as to hit them with your knuckles. Know your anatomy and hit vital points like the solar plexus, kidneys, temples, testicles/genitals, eyes, and where the neck meets the shoulder.

Grappling is often a good option especially if your opponant relies on their fists. Try to sweep their feet out from under them or otherwise put them off balance because once they go down it is pretty much over.

However if all this sounds like too much trouble you could always carry a straight razor, then go for the throat!
'Some may question your right to destroy ten billion people. Those who understand realise that you have no right to let them live!'
-In Exterminatus Extremis
User avatar
Kreutz
VGOF Silver Supporter
VGOF Silver Supporter
Posts: 4318
Joined: Sat, 06 Nov 2010 10:26:42

Re: penalty for carrying?

Post by Kreutz »

thekinetic wrote:I don't fear anyone unless they have a gun. I learned how to fight very young and it really doesn't take much to put someone in a lot of pain with your fists.
Downside is though an untrained person is likely to inflict as much damage on their own hands. Most people instinctively try to punch their opponent in the face; a hard oddly shaped thing that can easily fracture the metacarpals.
However if all this sounds like too much trouble you could always carry a straight razor, then go for the throat!
You don't happen to be a criminal defense lawyer trying to drum up business do you? :whistle:
User avatar
mamabearCali
VGOF Bronze Supporter
VGOF Bronze Supporter
Posts: 2753
Joined: Thu, 19 May 2011 16:08:25

Re: penalty for carrying?

Post by mamabearCali »

Kreutz wrote:
thekinetic wrote:I don't fear anyone unless they have a gun. I learned how to fight very young and it really doesn't take much to put someone in a lot of pain with your fists.
Downside is though an untrained person is likely to inflict as much damage on their own hands. Most people instinctively try to punch their opponent in the face; a hard oddly shaped thing that can easily fracture the metacarpals.
However if all this sounds like too much trouble you could always carry a straight razor, then go for the throat!
You don't happen to be a criminal defense lawyer trying to drum up business do you? :whistle:
OUCH! I have to agree--if you have to punch someone--don't hit them in the face. Unless you make good contact with the nose/eye you are just going to break your hand for nothing. There is a reason in self defense class we gave punches to the solar plex. It is softer on your hand and more effective even if you miss by an inch or two. You also have more power when you are punching straight out as opposed to up. However, I do not recommend hand to hand combat. Carry pepper spray--it will at least give a likely distraction for a moment or two for you to get away/get a better weapon.
"I do not love the bright sword for its sharpness, nor the arrow for its swiftness, nor the warrior for his glory. I love only that which they defend."
User avatar
TenchCoxe
Sharp Shooter
Sharp Shooter
Posts: 259
Joined: Wed, 07 Sep 2011 13:28:55
Location: Richmond, VA

Re: penalty for carrying?

Post by TenchCoxe »

whplanet wrote:According to the first link in the forum, if I CC to a restaurant and consume alcohol, I've commited a Class 2 Misdemeanor.

What if I carry where I'm not supposed to? For example, to my office since my employer has a no weapons policy?
When you say "where I'm not supposed to," there are various places you're "not supposed to" carry a gun.

For example, a school or school event; a church while services are being held; a courthouse.

In your specific example, as others have stated, simply carrying on private property that is not posted and has no published policy would not be illegal. But if your employer discovers your gun and tells you that you can't have it there, you would have to follow your employer's instructions.

If private property is posted or the property owner (or the owner's authorized agent) tells you to leave, and you don't, then you're trespassing.
"[The swords of the militia], and every terrible implement of the soldier, are the birthright of an American."
User avatar
kps
On Target
On Target
Posts: 26
Joined: Tue, 16 Nov 2010 01:02:13

Re: penalty for carrying?

Post by kps »

TenchCoxe wrote:
whplanet wrote:
there are various places you're "not supposed to" carry a gun.

a church while services are being held
how about at church with preachers permission, with the preacher & several other members usually carrying as well. rural location, & services start at 7pm & usually ending towards midnight. only 1 outside light, & in sight of an apartment complex down hillside on road over which is a known bad drug area, & used to have lots of shootings, landlord has cleaned it up some in last few years, but still bad area.

have had several "guys" hassling the women folk, because theyre women, as well as begging for rides or money at near midnight. this Church opened officially last year, & not had any real incidents yet, but preacher said if a problem comes into service, he is going after & for us to back him up if necessary.

so I say it is a fine line, but we have just cause, I think? & at least 6 or 7 people carry including me, that I know of.
Post Reply

Return to “Carrying Your Firearm”