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Is it a felony...

jimdeerejimdeere Member, Moderator Posts: 25,651 ******
in General Discussion
...to wear a mask while carrying a firearm?
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    KenK/84BravoKenK/84Bravo Member Posts: 12,055 ✭✭✭✭

    Live PD in their Wanted segment a few days ago showed a guy shopping in a Grocery store that had on a surgical mask, rubber gloves, a baseball cap and sunglasses. Another guy invaded his personal social distancing space, and the guy pulled his firearm and pointed it at the intrudee.

    Held it pointed at the guy for about 10 seconds, and then reholstered and calmly walked out of the grocery store. They featured video and a still photo, asking if anyone knew the guy. His own Mom probably would not have recognized him.

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    FrogdogFrogdog Member Posts: 2,778 ✭✭✭✭
    I'm not a lawyer, but the way I read things the two are not linked in VA law. Wearing a mask, regardless of firearm, can be a felony. However, as you can read below, there are PLENTY of exceptions. Unless you're planning to do some shenanigans like KenK/84Bravo mentioned above, I think there is no issue.

    § 18.2-422. Prohibition of wearing of masks in certain places; exceptions.

    It shall be unlawful for any person over 16 years of age to, with the intent to conceal his identity, wear any mask, hood or other device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, to be or appear in any public place, or upon any private property in this Commonwealth without first having obtained from the owner or tenant thereof consent to do so in writing. However, the provisions of this section shall not apply to persons (i) wearing traditional holiday costumes; (ii) engaged in professions, trades, employment or other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons; (iii) engaged in any bona fide theatrical production or masquerade ball; or (iv) wearing a mask, hood or other device for bona fide medical reasons upon (a) the advice of a licensed physician or osteopath and carrying on his person an affidavit from the physician or osteopath specifying the medical necessity for wearing the device and the date on which the wearing of the device will no longer be necessary and providing a brief description of the device, or (b) the declaration of a disaster or state of emergency by the Governor in response to a public health emergency where the emergency declaration expressly waives this section, defines the mask appropriate for the emergency, and provides for the duration of the waiver. The violation of any provisions of this section is a Class 6 felony.

    Code 1950, §§ 18.1-364, 18.1-367; 1960, c. 358; 1975, cc. 14, 15; 1986, c. 19; 2010, cc. 262, 420; 2014, c. 167.

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    JimmyJackJimmyJack Member Posts: 5,397 ✭✭✭✭
    With the intent to conceal identity!  Changes everything.
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    nmyersnmyers Member Posts: 16,879 ✭✭✭✭
    The word "felony" is defined only in state & local law, not federal.  Each state can decide what it means.
    Many states define "felony" as a crime for which the possible sentence is > 1 year in jail; a misdemeanor is anything less.  But, many states have "types" of crimes, so nothing is the same.  And, some states, such as Maryland, have misdemeanors for which the maximum penalty is 6 years in prison.
    Neal
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    Smitty500magSmitty500mag Member Posts: 13,603 ✭✭✭✭
    jimdeere said:
    ...to wear a mask while carrying a firearm?

    If you're a white man with a job it is. If you're any other race even while doing a little looting it's not even an arrestable offense. 
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    GrasshopperGrasshopper Member Posts: 16,746 ✭✭✭✭
    The Lone Ranger wore a mask and he was on the right side of the law. 
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    serfserf Member Posts: 9,217 ✭✭✭✭
    Smitty500mag said:
    jimdeere said:
    ...to wear a mask while carrying a firearm?

    If you're a white man with a job it is. If you're any other race even while doing a little looting it's not even an arrestable offense. 
      It's kind'a like letting in millions of illegals and saying we need to feed them,give them shelter,teach their children in schools and then allow them to become citizens while giving them all free medical care. It's a Democrat's dream of another Venezuela in the making. The government only enforce the laws when they want too. Like taxation and  debt creation to force all to suffer
     without any other recourse but the inevitable chaos to reform another attempt to govern us from ourselves for themselves.
                                              serf

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