Virginia Gun Owners Forum - VGOF

Hello all. I have searched every where for this but cant seem to find a direct answer. I know under the new law you can carry where alcohol is served; however I want to know if it is legal to carry in VA if you are under the legal BAC limit (.08)? No I do NOT think it is wise to carry while intoxicated; however if I had a beer or two and am under the legal limit for driving I do not see why it would be any different for guns considering a vehicle is a wayy bigger bullet than anything a gun produces. So can you legally carry a gun in VA under .08 BAC? Thanks.

This topic has been beaten to death on here and elsewhere. Your post covers most all possible angles and it is one I agree with wholeheartedly.

Prepare your anus for attacks levied against you for "harming the cause" and "representing gun owner's in a poor light."

Answer - Yes

Also - search MOAR

Thanks for the replies. Yes I was well aware this question could very well spark conflict, but once again all I wanted to know is if it was legal to carry under legal BAC. Not a objective answer just the facts. Sorry I didnt search more but I really didnt find it so I figured that's what forums are for. Everyone has their opinions about their own moral beliefs in regards to guns and I hope my question did not cast a negative light about us law abiding gun owners. If Someone where not responsible they would not care if they were over the legal BAC and carry regardless.

So to confirm this original ? the answer is yes it is legal to carry under .08 BAC? Again thanks.

Not a objective answer just the facts.

Sorry wrong jective. Meant subjective

If you want a legal opinion you need to talk with a lawyer. Most of us here are not lawyers, ( IANAL=I am NOT a Lawyer, tends to litter the posts around here) and thus cannot give you a legal opinion. We can only give you our opinion. And I think OakRidgeStars hit the nail on the head. Most police offices these days rather let the lawyers and judges sort things out, rather putting their necks out and making decisions on their own. So if you are involved in any interaction with police and you have had even one drink, the most likely response is that the officer is going to slap cuffs on you and take you in front of a judge. And unfortunately even here in Virginia there is no guarantee that the judge will side with you.

So my opinion is if you want to risk it, that is your choice. Just be prepared for the possible consequences. And get yourself a good lawyer on retainer to come bail you out of jail at 2am.

(I am not a lawyer) but

And by "have an interaction with police," I will speak from experience that this does not include engaging in friendly conversations with uniformed officers while both OC'ing and openly carrying a holstered firearm, because I have done so on several occasions.

Insert needed "beer drinkin' smilie"

Agree - beer drinking smiley needed. Added to the "To do list".

OakRidgeStars is exactly right in his response (though, IANAL). The legal definitions of intoxicated and impaired are separate and distinct. It is not cut and dried legal to carry with a BAC under .08. It is only legal to carry unimpaired by alcohol.

If you have a CHP and are found to be "under the influence of alcohol or illegal drugs while carrying" your handgun "in a public place" is a Class 1 misdemeanor and results in your CHP being revoked. Virginia Code § 18.2-308 J1.

What the legal BAC limit does is create a legal presumption that you are legally "under the influence." It does NOT mean that if you're below that level, you are NOT "under the influence." You certainly can blow less than a 0.08, but nevertheless be found to be "under the influence" and therefore guilty of the crime.

On a side note, I'm not finding a statute making it illegal to carry OPENLY while intoxicated - just concealed. Hmm....

It is illegal, however, to hunt while intoxicated. Va. Code § 18.2-285.

Anyhow, the general point is don't assume that just because you're below "the legal BAC limit", you're automatically "legal" and can't be found to be carrying while intoxicated.

My personal policy is that I don't drink any alcohol while I'm packing. Same thing for using my woodworking machinery. When I come in at the end of the day and crack a beer, I always say "shop's closed!" Just seems prudent to me, but of course, your mileage may vary (YMMV).

New to weapons carry. I logged in for the first time. Good questions here for someone who don't know like me. Can I wear my gun to a bar or restaurant or any stores for that matter? I feel weird to stroll in say K-Mart with my gun on my side. I do not have conceal yet so I would have to show it.

What happens if I am wearing a jacket that shows the weapon when button and say unbotton it lays over the weapon at hip on belt not trying to conceal it but, at moment not seen. Is that unlawful? BTW not new to shooting just owning. Army vet.

Welcome aboard!

If you don't have a concealed carry permit, but you want to carry, you must carry openly. You can carry openly in stores and restaurants, even where alcohol is served. However, as those facilities essentially are private property, if the property owner asks you to leave because they don't want guns there, you have to leave. If you remain, you are trespassing. Best thing to do is simply gracefully exit.

In order to be carried "openly," your gun must not be "hidden from common observation." This means it cannot be "of such deceptive appearance as to disguise the weapon's true nature." If your jacket covers it so that a person might see a bulge, but not be able to discern that it is a gun, it would be concealed, and therefore illegal unless you have a CHP.

There are several reported Virginia cases regarding what "hidden from common observation" means. The basic idea is that if it can't be seen, or if it can be seen, but a person who sees it would be unable to discern that it is a gun, it is considered to be "hidden from common observation."

In the "real world," if it is momentarily "concealed" for a second as you take your jacket on or off, I'm guessing that shouldn't create an issue. But if you walk around with the jacket covering it up, that likely would be considered to be concealed, requiring a permit.

There's a lot to consider when carrying a gun at all, and IMHO, even more to consider when carrying openly - but I don't want to start the whole bloody OC/non-OC debate here again!

I had the same concern over OC while having a beer or two with friends, my soulution was to have the DD carry his gun , most of my friends carry so its not hard to find a DD that does carry . Hope this helps

Kevin