HomeFairfax General ForumArrest/Ticket SearchWiki newPictures/VideosChatArticlesLinksAbout
Fairfax County General :  Fairfax Underground fairfax underground logo
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
prima facie and CCW
Posted by: ccwer ()
Date: June 24, 2015 07:59PM

Any Public Place when under the influence of Alcohol or Illegal Drugs
:
Any person
permitted to carry a concealed handgun who is
under the influence of alcohol or illegal
drugs while carrying such handgun in a public place is guilty of a Class 1 misdemeanor.
Conviction of any of the following offenses shall be prima facie evidence, subject to
rebuttal, that the person is "under the
influence" for purposes of this section:

So basically if a cop just says your under the influence just to be a dick he can charge you with a misdemenor or arrest you and take your gun. (unless you ask for a breathalyzer?)

What do you fellow CCW think about this. Also ive been hearing that any sign that prohibits guns has no legitimacy to it. Meaning you are allowed to CCW in the mall?

Options: ReplyQuote
Re: prima facie and CCW
Posted by: Nixon ()
Date: June 24, 2015 08:08PM

That's bothersome, but I'd suspect that "prima facie" requires initial evidence. If you've been drinking and are carrying that's a big mistake. Obviously it doesn't mean the cops should be able to charge you because you smell like alcohol, etc. but if you're really worried about all this it might be best to carry a breathalyzer on you.

Options: ReplyQuote
Re: prima facie and CCW
Posted by: Kilton ()
Date: June 24, 2015 08:32PM

ccwer Wrote:
-------------------------------------------------------
> What do you fellow CCW think about this. Also ive
> been hearing that any sign that prohibits guns has
> no legitimacy to it. Meaning you are allowed to
> CCW in the mall?

Teehee. It's amazing how much time you gun nuts spend "investigating" all the gun rules that exist, and then talking to each other about how unjust they are and that the entire world is against you. Between this and eating junk food, you doofuses must not have time for anything else during any given day.

fat-guy-shooting-o.gif

Options: ReplyQuote
Re: prima facie and CCW
Posted by: A Real Man ()
Date: June 24, 2015 08:38PM

Yeah, it must really suck going through life so scared of everything that you feel the need to bring a gun with you everywhere. I'm sure these folks are totally consistent in their fears, though, and come prepared for all the other just as unlikely occurrences--carrying an epi-pen (in case it turns out they're allergic to something), a glass cracker (in case their car is submerged), a smoke hood (in case they're caught in a fire), a parachute (in case they're in a skyscraper on fire), a star map showing the position of Earth in case they're abducted by forgetful aliens, etc. LOL. What a bunch of pussies.

Options: ReplyQuote
Re: prima facie and CCW
Date: June 24, 2015 09:20PM

"Under The Influence of Alcohol" Well with out any requirement for a BAC on a breath test or blood test, I would say that's a law wide open for a lawyer to make some good money out of. Drunk In Public can be just having some booze on the breath and giving a cop some trouble. It all depends on how polite you are. But anyone carrying should not be drinking. Cops can do it but leave that be.

If some one can drink one beer that's it, carrying no one knows it then take your chance but that's it. Guns and Drinks don't work out unless you have a badge so don't fuck it up for every one else that worked hard to get the carry laws in place.

Now did they ever change the law so you can go into a place that serves alcohol
if your carrying CCW but don't take a drink?

Options: ReplyQuote
Re: prima facie and CCW
Posted by: ccwer ()
Date: June 24, 2015 09:47PM

Double Action Jackson Wrote:
-------------------------------------------------------

> Now did they ever change the law so you can go
> into a place that serves alcohol
> if your carrying CCW but don't take a drink?


Yes they did. You can carry into outback or cheesecake as long as you are not drinking. Also im pretty sure that the mall signs that say no guns allowed have no legal backing. So you could carry concealed in the mall as long as the owner doesnt come up to you and say get out.

Options: ReplyQuote
Re: prima facie and CCW
Posted by: Mike O'Meara Show Fan ()
Date: June 24, 2015 10:25PM

IF they'd thought of it, they'd also have signs saying ''No Masturbating In Our Bathrooms'' but I still haven't seen one, and I feel relaxed and centered.

Options: ReplyQuote
Re: prima facie and CCW
Date: June 24, 2015 10:51PM

If some ones carrying CCW and something happens the main thing is going to be what happened, the facts. Justified or Not. The drink will be a hassle in court but they have to see the justification. If some one is drunk with a gun or close to it they will burn one way or another.

Now if Kilton went to The Hot Dog Bar and Grill had a half dozen loaded Chicago style dogs and two beers with him weighing 300-375 I would say the way he loves them hot dogs at the gun shows, you would never know he had a beer at all. But I will give him some credit the way he handles a Glock 18 full auto 9mm is awesome in the video he posts of himself shooting between hot dog breaks. LOL!

Going out to Party, To Drink, Leave the Gat at Home! Sez "Double Action Jackson" who also carries CCW from time to time. Like at the "Robbery Central Station" ATM at the B.O.A at Beacon Mall when there's no security guard there!

But Drinking and carrying in a bar. ?? No Way ! Or drinking and driving either!
A Beer. that's it.

If 1 is too many and 12 is not enough leave um be. And the "Gat too! Or 1 and 4 even
Attachments:
DoubleActionJackson.jpg

Options: ReplyQuote
Re: prima facie and CCW
Date: June 24, 2015 11:19PM

Speaking of Chicago style Hot Dogs. YA!
Attachments:
imagesZW36Y2H1.jpg

Options: ReplyQuote
Re: prima facie and CCW
Posted by: back door dogs ()
Date: June 24, 2015 11:29PM

Double Action Jackson Wrote:
-------------------------------------------------------
>
> Now if Kilton went to The Hot Dog Bar and Grill
> had a half dozen loaded Chicago style dogs and two
> beers with him weighing 300-375 I would say the
> way he loves them hot dogs at the gun shows, you
> would never know he had a beer at all.


Kilton consumes hot dogs rectally.

Options: ReplyQuote
Re: prima facie and CCW
Posted by: LECUm ()
Date: June 25, 2015 11:21AM

yes but there's no evidence of injury to anyone - which is REQUIRED BEFORE PRIMA FACIE


you have to do law in the right order - else you have an astray debate with bullshit conclusions


drunk in public has always been a tort, and with weapon carried for no legitimate reason, a double tort

a crime? no. no injury

now keep in mind "drunk in public" was not always a law in USA and still isn't in some countries

DRUNK AND DISORDERLY might have been.

note the disorderly part


Options: ReplyQuote


Your Name: 
Your Email (Optional): 
Subject: 
Attach a file
  • No file can be larger than 75 MB
  • All files together cannot be larger than 300 MB
  • 30 more file(s) can be attached to this message
Spam prevention:
Please, enter the code that you see below in the input field. This is for blocking bots that try to post this form automatically.
 **      **  **     **   ******    ******    **     ** 
 **  **  **  **     **  **    **  **    **   **     ** 
 **  **  **  **     **  **        **         **     ** 
 **  **  **  **     **  **        **   ****  **     ** 
 **  **  **   **   **   **        **    **    **   **  
 **  **  **    ** **    **    **  **    **     ** **   
  ***  ***      ***      ******    ******       ***    
This forum powered by Phorum.