Washington, DC asked in Criminal Law, Federal Crimes and Military Law for Virginia

Q: Do military police count as “law enforcement”?

I am active duty and live in Virginia where open carry is legal. My question is, a lot of establishments ban open carry unless you’re law enforcement. I’ve seen different things online, but are we still technically law enforcement?

1 Lawyer Answer
Matthew Crowley
PREMIUM
Answered

A: Neither the Commonwealth of Virginia nor the federal government recognize you as a law enforcement officer. You don't have the ability to arrest or do any of the other things that are unique to police powera. That having been said, this is really more about the rules a private entity has set for people to come inside. If you are heading to an establishment and would like to open carry, I would suggest calling ahead and asking if it's okay. It may well be they would be happy to have you do so!

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