Drinking While Carrying

The Code of Virginia is not preemptible by local statute

Drinking While Carrying

Postby jthrelf » Mon, 12 Dec 2016 13:59:26

Hello All,

I'm a Pennsylvania resident and planning some vacation time in VA in the Shenandoah Valley region. As such, I plan on visiting some different wineries. Is there a law on the books prohibiting any sort of alcohol consumption? To be clear, this isn't about getting intoxicated or having multiple drinks. This is more about wine tasting or one drink with dinner. I do plan on carrying concealed, rather than open.

I've read the handgunlaw.us Virginia page, and it says carrying in restaurants that serve alchohol is ok. But it doesn't go into detail about: carrying in bars (is a winery different?), consumption, etc.

For context, PA has no laws related to alcohol or carrying in bars/restaurants. My usual protocol is to, similarly to above, have only one drink with dinner while carrying.

Any help would be appreciated. Thanks!


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Re: Drinking While Carrying

Postby wittmeba » Mon, 12 Dec 2016 14:35:51

http://www.vsp.state.va.us/Firearms_Res ... ealed.shtm

...
Any person granted a concealed handgun permit who is under the influence of alcohol or illegal drugs while carrying such weapon in a public place shall be guilty of a Class 1 misdemeanor.

Prohibited Conduct and Where Unlawful to Carry - Section 18.2-308.012

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: manslaughter in violation of Section 18.2-36.1, maiming in violation of Section 18.2-51.4, driving while intoxicated in violation of Section 18.2-266, public intoxication in violation of Section 18.2-388, or driving while intoxicated in violation of Section 46.2-341.24.

No person who carries a concealed handgun onto the premises of any restaurant or club as defined in Section 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of Virginia; may consume an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor. However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer.
...


Additional information -- old but I believe still applies:

http://www.nbc12.com/story/12713174/gun ... n-virginia
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Re: Drinking While Carrying

Postby kelu » Mon, 12 Dec 2016 15:09:44

Now that raises a question. Can you drink (less than legal limit, of course) and instead of carrying concealed, you put the firearm in glove box?
Is that OK?
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Re: Drinking While Carrying

Postby AlanM » Tue, 13 Dec 2016 06:31:48

Now that I think about it, I've had a full glass of wine while open carrying here in Virginia and neither I nor the person that served me mentioned it.

Considering my low tolerance for alcohol I probably shouldn't have had that wine.
Oh, well. Too late now.
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Re: Drinking While Carrying

Postby jdonovan » Tue, 13 Dec 2016 08:09:58

kelu wrote:Now that raises a question. Can you drink (less than legal limit, of course) and instead of carrying concealed, you put the firearm in glove box?


Not at the same time if you are driving the car. :clap:

If you're not in the car, then you're not in possession, and there is no firearm to be discussed.


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