Restaraunt Ban Repeal_can some one clarify?

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Riposite
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Restaraunt Ban Repeal_can some one clarify?

Post by Riposite »

So as a newer gun owner I am trying to understand what the restaruant ban repeal means-we can now open carry in a place that serves alcohol but still no concealed carry? or is it no concealed carry if drinking?


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Re: Restaraunt Ban Repeal_can some one clarify?

Post by m4a1mustang »

IANAL, but you can carry concealed but when doing so you cannot consume alcohol. When carrying open, I believe the Code states you cannot be "intoxicated," whatever that means.

I, for one, would never consider consuming alcohol while armed.
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Re: Restaraunt Ban Repeal_can some one clarify?

Post by KaosDad »

SB 1035 (Summary):

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 and a person who becomes intoxicated in violation of the provisions of the bill is guilty of a Class 1 misdemeanor.

OC is also allowed, and you may drink, but not become intoxicated. However, Mustang's summary is the best advice.
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Re: Restaraunt Ban Repeal_can some one clarify?

Post by allingeneral »

Virginia Code 18.2-301(J3) wrote: J3. No person who carries a concealed handgun onto the premises of any restaurant or club as defined in 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.
So, you can now carry concealed into a restaurant with an ABC license, but you cannot drink. This was the only change made to the law, as previously (and still), you could open carry and have a sip, though it's generally frowned upon and could get you into a predicament if someone complains.

So, the easiest thing to do is NOT drink while you're armed in public.
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Re: Restaraunt Ban Repeal_can some one clarify?

Post by NRB451 »

I'm really happy about this law. Some places have shady characters and I feel better knowing that the DD has the right to CC. That Sam Adams always looks that much tastier when you're concealed carrying and can't partake, however!
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Re: Restaraunt Ban Repeal_can some one clarify?

Post by spadesofcolumbia »

is there a diffrence between a restaurant that sell alcohol and a bar that sells food?
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Re: Restaraunt Ban Repeal_can some one clarify?

Post by OakRidgeStars »

spadesofcolumbia wrote:is there a diffrence between a restaurant that sell alcohol and a bar that sells food?
Doesn't matter what it's called, in VA they are all restaurants that sell alcohol.
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Re: Restaraunt Ban Repeal_can some one clarify?

Post by spadesofcolumbia »

OakRidgeStars wrote:
spadesofcolumbia wrote:is there a diffrence between a restaurant that sell alcohol and a bar that sells food?
Doesn't matter what it's called, in VA they are all restaurants that sell alcohol.
You guys are lucky on that part...in MT you cant carry where alcohol is sold and consumed...but you can carry in a restaurant that has a bar attached to it...talk about confusing. And we cant carry in banks either which makes no sense...a bank is one place i might actually need a gun someday!
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Re: Restaraunt Ban Repeal_can some one clarify?

Post by allingeneral »

Just to clarify - there's no such thing as a bar in Virginia. There are only restaurants with licenses to sell alcohol. Alcohol cannot be the "top seller", i.e., they have to sell more food than drinks (a specific percentage - I don't know off-hand).
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Re: Restaraunt Ban Repeal_can some one clarify?

Post by Riposite »

right but i think they scam is they can count wine and beer as food? it is just hard spirits that counts
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Re: Restaraunt Ban Repeal_can some one clarify?

Post by m4a1mustang »

Riposite wrote:right but i think they scam is they can count wine and beer as food? it is just hard spirits that counts

Well, that's not a scam, because wine and beer are food groups.
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Re: Restaraunt Ban Repeal_can some one clarify?

Post by Skeptic »

I remember what a pain it was - just to pick up a pizza I had to disarm or transition to OC. And doing either while keeping the kids waiting was a pain.
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Re: Restaraunt Ban Repeal_can some one clarify?

Post by lagmonkey »

m4a1mustang wrote:
Riposite wrote:right but i think they scam is they can count wine and beer as food? it is just hard spirits that counts

Well, that's not a scam, because wine and beer are food groups.
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Re: Restaraunt Ban Repeal_can some one clarify?

Post by Tweaker »

The food alcohol ratio is 50%.

Beer and wine are most definitely counted as alcohol and not food.

Pro(freedom)Tip: Conceal until the mood strikes you to have a delicious alcoholic beverage. Transition to open carry before your adult beverage arrives (best done in the dumper or at least be discreet about it). Continue behaving like an adult.

Under the influence can mean as little as 0.04% BAC, but is more commonly accepted to be 0.08% BAC. That is over three beers in an hour for a 200 lb. person.

How many people have a beer or less than 3 and then command a 2000-6000 lb. vehicle immediately afterwards to speeds up to 65 MPH, as little as 5 feet from oncoming traffic, at a combined closing speed of up to 130 MPH, with womens and childrens in and all around?
THOUSANDS OF PEOPLE EVERY MINUTE
GASP!!!! :whistle:

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