Virginia Gun Owners Forum - VGOF

He was only charged with discharging a firearm in a public place. If the police could have could have tacked on any additional charges, I'm sure they would have. Also, it not illegal to open carry and drink.

HotRod wrote:Uh, don't they serve alcohol at Hooters? Maybe I'm behind the times on the law, but when I got a concealed carry permit, I was told no carry anywhere they serve alcohol..or is that only for concealed? MAybe he was carrrying open, which I can't imagine why that would be a good idea in Hooters, and I would guess would be against the law too. I guess I better check out the rules again.

That was changed in Va. you can carry concealed but,you may not drink. The new law dosen't address open carry which is legal in Va.However,you can't open carry under the influence of alcohol or drugs.In the case of the alcohol,under the influence is the consumption of any amount of alcohol so you still can't drink in the establishment.

scrubber3 wrote: You can legally carry concealed where alcohol is served. You just cannot drink any.

That's true if concealed carrying. However, there is no law against drinking while open carrying in VA. Many don't think it's a good idea though for lots of reasons.

zerodown1 wrote:.However,you can't open carry under the influence of alcohol or drugs.In the case of the alcohol,under the influence is the consumption of any amount of alcohol so you still can't drink in the establishment.

What law are you basing this statement on? Cite please.

Chasbo00 wrote:

zerodown1 wrote:.However,you can't open carry under the influence of alcohol or drugs.In the case of the alcohol,under the influence is the consumption of any amount of alcohol so you still can't drink in the establishment.

What law are you basing this statement on? Cite please.

I stand corrected. The current law as written does not speak to openly carrying a firearm while under the influence of alcohol. Current law make it a class one misdemeanor for carring a concealed firearm under the influence of alcohol or drugs. Now before the Va.legislature HB 2343 would make it a class one misdemeanor to carry a firearm under the influence of alcohol or drugs, and prohibits a person if convicted, from obtaining a CHP for five years. My apologies for the misinformation.

zerodown1 wrote: I stand corrected. The current law as written does not speak to openly carrying a firearm while under the influence of alcohol. Current law make it a class one misdemeanor for carring a concealed firearm under the influence of alcohol or drugs. Now before the Va.legislature HB 2343 would make it a class one misdemeanor to carry a firearm under the influence of alcohol or drugs, and prohibits a person if convicted, from obtaining a CHP for five years. My apologies for the misinformation.

No problem zerodown. It's easy to make a minor mistake, especially with gun laws that are often wacky or illogical like the one in play here. Having a discussion board like this one where folks are nearly always civil, helps to sort out such things and we all are better informed as a result.

Chasbo00 wrote:

zerodown1 wrote: I stand corrected. The current law as written does not speak to openly carrying a firearm while under the influence of alcohol. Current law make it a class one misdemeanor for carring a concealed firearm under the influence of alcohol or drugs. Now before the Va.legislature HB 2343 would make it a class one misdemeanor to carry a firearm under the influence of alcohol or drugs, and prohibits a person if convicted, from obtaining a CHP for five years. My apologies for the misinformation.

No problem zerodown. It's easy to make a minor mistake, especially with gun laws that are often wacky or illogical like the one in play here. Having a discussion board like this one where folks are nearly always civil, helps to sort out such things and we all are better informed as a result.

Agreed,We are stronger as a group when we work together. ThANKS.

I may be wrong but all the Cops I talk to around here say it is illegal to possess a firearm and consume any amount of alcohol. Even my CHP Instructor said this much.

It's illegal to consume alcohol while concealed carrying. (18.2-308(J3))

It's legal to consume while open carrying. (i.e., it's not "illegal")

It's illegal to be "Under the influence" while either CC or OC. The ambiguity of the term "Under the influence" is where the rub comes in. (18.2-308(J1))

It's generally a best practice not to consume alcohol while carrying a firearm, regardless of the legalities involved.

allingeneral wrote:It's illegal to be "Under the influence" while either CC or OC. The ambiguity of the term "Under the influence" is where the rub comes in. (18.2-308(J1))

I think this only applies to persons with a concealed carry permit. If you are OCing and have no permit, then I don't think the above applies. You could still be convicted for public intoxication though.