Open/Concealed and Alcohol (Loudoun County)

[alby]

It was my assumption that while carrying a loaded handgun Open or Concealed, that it was illegal to
enter a business serving alcohol. After reading an article in the Loudoun Times, it appears that
only those who are concealing their weapons are restricted from entering a business serving alcohol.
Yet those openly carrying their firearm are free to not only enter such a business, but also
order and consume alcohol.

Can anybody confirm or deny the reporting in this article?

Source: http://www.loudountimes.com/news/2008/m ... -leesburg/


Blurb:
=====
Virginia law also prohibits concealed weapons where alcohol is served, so gun owners who want to carry their guns must do so openly at places like Giovanni's.

Legally, if someone wanted to order a beer while "open carrying," they could do so, said Cascades resident Ed Levine, his gun on his hip. He added that it would be irresponsible to do so.

[Moccasin]

You can open carry in restaraunts that serve alcohol. I don't know about ordering alcohol while carrying though, I wouldn't do it. More information is available from here http://www.vsp.state.va.us/Firearms.shtm. There are also links to the virginia laws on that site.

[alby]

Hunting down any laws that make the consumption of alcohol legal while you are openly carrying a firearm
doesn't seem to exist. It is clear that under 18.2-308 (J1):

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, shall be guilty of a Class 1 misdemeanor.


But as for Open Carry, I can't find squat. Only references on websites like (vaguninfo.com) that mention it is
legal to Open Carry in places that are serving alcohol, but nothing referencing a state law granting that privilege.
http://vaguninfo.com/documents/VirginiaGunRights.pdf


In my personal opinion, without a law that one can cite which states Open Carry in a place serving alcohol is
legal, I'd not be a fan to end up as a defendant against a Prosecutor trying to determine who is right or wrong.
I suppose that one could argue that if no law exists granting or denying an action, it is then by default legal.

[Jericho01]

In VA, one cannot carry concealed in establishments that serve alcohol. Open carry is legal. It is not wise to drink while OC'ing and I would not recommend it either.

[Moccasin]

Hunting down any laws that make the consumption of alcohol legal while you are openly carrying a firearm
doesn't seem to exist. It is clear that under 18.2-308 (J1):

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, shall be guilty of a Class 1 misdemeanor.


But as for Open Carry, I can't find squat. Only references on websites like (vaguninfo.com) that mention it is
legal to Open Carry in places that are serving alcohol, but nothing referencing a state law granting that privilege.
http://vaguninfo.com/documents/VirginiaGunRights.pdf


In my personal opinion, without a law that one can cite which states Open Carry in a place serving alcohol is
legal, I'd not be a fan to end up as a defendant against a Prosecutor trying to determine who is right or wrong.
I suppose that one could argue that if no law exists granting or denying an action, it is then by default legal.

Try this link to VA Gun Info http://www.vaguninfo.com/pages/opencarry.htm. The General Assembly has pre-empted local laws and reserved unto themselves control of firearms, including the carrying of firearms (VA Code 15.2-915). The GA has not enacted a law against open carry of a firearm in a place that serves alcohol so it must be legal to do so.

[flowmaster]

VCDL open carries at places that serve alcohol when they go to lunch. i know the old thing people say, "only you can keep you legal" but if VCDL does it and says its legal, i'm going to have to agree with them because they've probably researched the hell out of it.

[allingeneral]

Open carry is allowed (i.e. not *disallowed*) in establishments that serve alcohol. As for drinking while carrying - well, that's just not a good idea in public no matter how you look at it.

[alby]

Open carry is allowed (i.e. not *disallowed*) in establishments that serve alcohol. As for drinking while carrying - well, that's just not a good idea in public no matter how you look at it.

Hahahahah... That is true. I serious doubt the patrons at an area bar would be happy to see somebody open carry
and throwing back shots and stumping around.. lol

[ProShooter]

If you carry into a restaurant or club with an ABC license for on site consumption, you must carry openly.

There is a prohibition against carrying concealed and drinking but there is no prohibition against openly carrying and drinking, although its not encouraged.

[Bob]

Not a good idea to drink alcohol while carrying a firearm, i don't care what the law is.

Think of the legal ramifications if by some chance you have to use that weapon.

Believe me I'm not against drinking, after the guns are put up.