SB 334 Concealed handguns restaurants - Passed

[alby]

Status:
01/12/10 Senate: Prefiled and ordered printed; offered 01/13/10 10101514D
01/12/10 Senate: Referred to Committee for Courts of Justice
02/10/10 Senate: Reported from Courts of Justice with amendments (8-Y 7-N)
02/12/10 Senate: Constitutional reading dispensed (37-Y 0-N)
02/15/10 Senate: Read second time
02/15/10 Senate: Reading of amendments waived
02/15/10 Senate: Committee amendments agreed to
02/15/10 Senate: Engrossed by Senate as amended SB334E
02/15/10 Senate: Printed as engrossed 10101514D-E
02/16/10 Senate: Passed by temporarily
02/16/10 Senate: Read third time and passed Senate (22-Y 18-N)
02/17/10 House: Placed on Calendar
02/17/10 House: Read first time
02/17/10 House: Referred to Committee on Militia, Police and Public Safety
02/18/10 House: Assigned MPPS sub: #1
02/25/10 House: Subcommittee recommends reporting (5-Y 0-N)
02/26/10 House: Reported from Militia, Police and Public Safety (16-Y 5-N)
03/01/10 House: Read second time
03/02/10 House: Read third time
03/02/10 House: Passed House (72-Y 27-N)
03/02/10 House: VOTE: --- PASSAGE (72-Y 27-N)



Summary as passed Senate:
Concealed handguns; restaurants; penalty. Allows a person with a concealed handgun permit to carry a concealed handgun onto the premises of a restaurant or club and prohibits such person from consuming alcoholic beverages while on the premises. A person who consumes alcohol in violation of the provisions of the bill is guilty of a Class 2 misdemeanor.


http://leg1.state.va.us/cgi-bin/legp504 ... &val=SB334

[alby]

Next stop, the Governor's desk for his John Hancock... w00t w00t

[wylde007]

Doesn't HB505 have to pass the Senate now?

[alby]

Doesn't HB505 have to pass the Senate now?

Nope. Well, yes to become law. But no, in terms of holding up any restrictions on citizens
concealing in bars. HB505 is more of a granular detail of who has permission to consume alcohol.
According to HB505, it simply says,

"Prohibits a person, other than a federal, state, or local law-enforcement officer or a qualified retired law-enforcement officer"

This bill doesn't address the issue of permit holders being allowed in restaurants or bars.
This bill just says that only "Law Enforcement or Retired Law Enforcement" can consume alcohol
while being concealed.

In other words, the cop can order a beer, but you can't. lol

[burns]

Any educated guesses on how long before the governor signs off?

The minute he signs off, is it law? Or, is it law as of a certain future date (like parks carry)?

[OakRidgeStars]

The next steps to get SB334 to the Governor's desk are likely take at least a week.

[alby]

As soon as McDonnell signs the bill, its the law.

Although, I'd wait until after 11:59:59p of that day before going concealed into a
restaurant. Just to be on the safe side.

[OakRidgeStars]

The law will not take effect until July 1

[fireman836]

After Gov. McDonald signs the bill it still will not take effect untill July 1! It is not immediate on signing. Even if he doesn't sign it will take effect July 1 as long as he doesn't Veto it.

[burns]

This is a great change for the good. Choices aren't as limited now; I was dining more frequently at Bob Evans and Cracker Barrel since I moved here (since they don't serve alcohol). The law against carry in alcohol serving establishments was silly and ineffective nanny-state BS, and had no place in a free state. I've been surprised at some of the nanny-state laws in Virginia since I moved here, because I saw it as a politically right-leaning state with a sense of individual liberty. I guess things might be headed in the right direction, despite presidential election results!

[zephyp]

This is a big step forward for VA and I am very happy about this. Living in NOVA and having to OC is not an easy thing to do. The down side to this bill passing is I expect we will see the same thing happen here as in TN. The media will make a big deal and beat the drum. I wont be a bit surprised to see no guns signs going up in all sorts of places up here in NOVA.

Thats ok though. It will then make for an easy way for me to see who gets my business.

[wally626]

Still have to OC to eat and drink alcohol, but it is a step forward.

[alby]

After Gov. McDonald signs the bill it still will not take effect untill July 1! It is not immediate on signing. Even if he doesn't sign it will take effect July 1 as long as he doesn't Veto it.

Why would this take effect on July 1st? There is nothing in the bill that mentions a July 1st start date.

Source: http://leg1.state.va.us/cgi-bin/legp504 ... ful+SB334E

[allingeneral]

Bills enacted at a regular session (or the reconvened session which follows) are effective the 1st day of July following adjournment of the regular session, unless another date is specified.

Reference:
http://hodcap.state.va.us/publications/ ... ill_hs.pdf

[halljt3]

It looks like things might be turning around in Va, It will be a slow process but I hope it continues!

[alby]

Bills enacted at a regular session (or the reconvened session which follows) are effective the 1st day of July following adjournment of the regular session, unless another date is specified.

Reference:
http://hodcap.state.va.us/publications/ ... ill_hs.pdf

Ahhhh... Thanks. July 1st it is then..

[DWinter]

So Wally, let me get this straight. If i'm having dinner and decide I want a beer, I can unconceal (if thats a word) my weapon have a drink and leave or did I misread your post. Thanks, Duane

[zephyp]

If I read the language of the bill correctly it says you cant drink if you carry concealed so sounds like OC is OK, HOWEVER I highly recommend if you carry you dont drink in a restaurant at all. Now that you will be able to carry either way the onus will be on you to prove you were OC rather than CC...I wouldnt go there if I were you...also consider the fact that its illegal to carry intoxicated so you got two things there to disprove if you're accosted. Not worth having a beer with your burger if you ask me.

[wylde007]

So Wally, let me get this straight. If I'm having dinner and decide I want a beer, I can unconceal (if that's a word) my weapon have a drink?

Short answer: yes.

Virginia Tuck and you may have a drink. It is a practice (drinking and carrying) frowned upon by some carry advocates but that, from a fundamental sense, is likened to the antis saying guns make them uncomfortable.

Some people drinking (in moderation, always moderation) and carrying they say are "impaired" and would not make good decisions. "They" say that if you were confronted with a situation where you had to deploy your weapon in defense, the alcohol you consumed (or your condition thereby) may be used as inculpatory evidence against you.

It's a fine line. Personally it doesn't bother me nor the people whose company I frequent. Neither has it seemed to bother the restaurateurs of the establishments that I have done so in.

Gotta make your own bed. Just be sure you're comfortable sleeping in it.

[MountainCat]

Regarding un-tucking and drinking:

John Q Public is going to read today's headline as: "Handguns inside bars approved; Gun carriers forbidden from drinking"

It may be legal to Virginia tuck and drink a beer, but the general public is not going to see it that way.

If you ever did have to use your gun in a restaurant after drinking a beer then the lawyers and press are going to have a field day. That one beer may be what tips the scale between the DA saying it was justifiable and the DA wanting to have a jury of peers say it was justifiable.

In the latter case, it's going to cost the person tens of thousands of dollars in lawyer fees and huge amounts of stress. After that comes the civil trial which has a much smaller burden of proof and that one beer will play an even more important role.

That's a pretty darn expensive drink in my opinion.