Virginia Gun Owners Forum - VGOF

Hi guys,

I'm going to a restaurant tonight to watch some NCAA basketball (my team made the sweet 16!) because I don't have cable. Here's my question:

If I lock my gun in the trunk or glove box before going in, and then I have a beer and some wings while I'm there, and then reenter the car to drive home while leaving the gun in the glove box or trunk (locked), am I breaking any laws that you are aware of? Just for clarity, I WILL NOT be getting inebriated by any means, but I would have a small amount of alcohol in my blood. Just one beer.

Not a big deal, just don't want to give an LEO any reason to give me a hard time.

Regards,

Michael

You're not even breaking any laws, at least not in Virginia, if you openly carry your firearm and have a beer.

There are no provisions in VA law prohibiting consumption of alcohol while carrying, and it is only "illegal" by statute to be INEBRIATED while carrying concealed.

However, many have noted that your right to carry a firearm could be jeopardized if you become intoxicated, are cited for an alcohol-related abuse of some sort and then found ineligible to own firearms.

It is a very hot-button issue with a lot of the open-carry proponents. I personally see nothing wrong with carrying and consuming responsibly. Others do.

I have a friend who got a DUI in VA several years ago, he had one or two rifles in the trunk of his car and the officers said absolutely nothing about them.

I believe, with any interaction with LEO's, The way you treat them goes a long way, even if you're in the wrong. I know a friend of mine (Va Beach Officer) who was going to give a guy a warning over his trailer inspection being outdated, turn around and give a citation because the guy gave him a hard time. As Officer Y***tes walked away, the guy called him an a$$hole. He immediately turned around and gave him 3 more citations and asked if he wanted any more. The idiot finally shut his mouth and the situation ended. My point is, why would you give an officer a hard time, especially if you know you're wrong or in a judgement call situation? Treat them decent, be honest and you may walk away with a warning or maybe a little scolding.

DWinter wrote:I believe, with any interaction with LEO's, The way you treat them goes a long way, even if you're in the wrong. I know a friend of mine (Va Beach Officer) who was going to give a guy a warning over his trailer inspection being outdated, turn around and give a citation because the guy gave him a hard time. As Officer Y***tes walked away, the guy called him an a$$hole. He immediately turned around and gave him 3 more citations and asked if he wanted any more. The idiot finally shut his mouth and the situation ended. My point is, why would you give an officer a hard time, especially if you know you're wrong or in a judgement call situation? Treat them decent, be honest and you may walk away with a warning or maybe a little scolding.

Yeah, I'm agreeing completely. Like I said, the last thing I want is to give an officer any reason to give me a hard time.

I know a guy who was given a hard time one day OC'ing and having a single beer with dinner. He was cuffed and charged with a misdemeanor. Commonwealth Attorney Nolle Proc'd the charge and wrote up all of the required paperwork to have the charge expunged since it was clearly *not* a violation of 18.2-301(J)(1) as cited.

Prepare for a hard time. If they can give you one, they will. OC'ing and having a beer will "put you out there".

If you do as you stated you should not have any problems at all. As I have stated on prior post, attitudes get people ticket's or arrested when they would have not had any problems if they would learn to keep their mouth's shut.
Bill

But then sometimes, there's an officer who thinks he knows what he's talking about - even when he couldn't be more wrong and no amount of discussion will help a citizen's situation - they will have to wait and talk to the judge about it.

allingeneral wrote:But then sometimes, there's an officer who thinks he knows what he's talking about - even when he couldn't be more wrong and no amount of discussion will help a citizen's situation - they will have to wait and talk to the judge about it.

I would not wait that long. I would request to see his or her supervisor or go to the nearest station to speak with a supervisor and keeping in mind how I would present myself. You might just get lucky and run into a supervisor like I was that will in fact call in the officer and find out what transpired. And if the supervisor has prior knowledge of the officer being a complete ass you just may have him or her in your corner if it goe's as far as court. I have done it many year's ago.