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can we carry concealed in a restaurant/ bar yet

Posted: Tue, 18 Jan 2011 09:24:49
by chrgnu
Does anyone know if we can carry concealed in a restaurant, bar or club yet? If so, do you know the law / statue for it? \
thank you Jesse

:tommygun: :tommygun:

Re: can we carry concealed in a restaurant/ bar yet

Posted: Tue, 18 Jan 2011 10:09:53
by allingeneral
Yes, you can carry concealed in an "ABC" establishment as long as you do not consume alcohol.
Virginia Code 18.2-308.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.

Re: can we carry concealed in a restaurant/ bar yet

Posted: Tue, 18 Jan 2011 10:30:21
by mrjam2jab
allingeneral wrote:Yes, you can carry concealed in an "ABC" establishment as long as you do not consume alcohol.
Virginia Code 18.2-308.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.

Just to clarify...that is while CONCEALED yes? One may VA tuck while drinking?

Re: can we carry concealed in a restaurant/ bar yet

Posted: Tue, 18 Jan 2011 11:00:46
by davasmith
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.
[/quote]
Just to clarify...that is while CONCEALED yes? One may VA tuck while drinking?[/quote]

Soooooooo......... I'm guessing that a law enforcement officer can be trusted to maintain his/her weapon while enjoying a refreshing beverage (of alcohol) whilst the rest of humanity has no such options or freedoms? Hmmmmm..... this is beginning to sound a bit socialistic to me. I know about undercover ghosting, and it might be necessary for cover. I just think that we should all be able to play on the same field. IMHO, and respectfully submitted. :confused:

Re: can we carry concealed in a restaurant/ bar yet

Posted: Tue, 18 Jan 2011 12:23:09
by Gman1231
The standards should be the same, after all, officers dont go through any kind of special drunk shooting test that the rest of us dont...the smartest thing is to keep yourself out of trouble by not leaving your judgement open to question in the first place. however legally you can carry (concealed or open) in a bar and or a place that serves alchoholic beverages as long as you do not consume??? and this is a recent change to the law (2010?) also im having trouble interpreting the open carry laws. do you need any kind of permit to open carry in the state of VA? once i obtain my Concealed permit, i can carry almost anywhere concealed except in places that clearly mark no firearms? just need some clarification, AZ is very lenient on their gun laws and i will be moving back in a week or so to stay for good

Re: can we carry concealed in a restaurant/ bar yet

Posted: Tue, 18 Jan 2011 12:32:07
by allingeneral
You may consume while open carrying, provided you do not become "intoxicated", which has many definitions. One beer - probably alright. Any more than that, you're asking for trouble. And really, if you're having a drink in public while OC, you're kinda asking for trouble anyway, and not putting your best foot forward for the OC/2A cause (imho)

The change to the concealed carry in and ABC establishment is new as of last year (VA Code amended during 2010 legislative session).

OC and CC don't really affect where you can carry - both are regarded the same (except in some state parks?). You are restricted from carrying anywhere on K-12 school property, court houses, federal property (post offices, military installations, etc), and private property where posted.

You can have a firearm on K-12 school property as long as it is stored in an enclosed container within your vehicle, and remains there.

I think I got all of the right. If not, I'm sure someone will be along shortly to add or correct me (in which case, I'll update the post to be correct)

Re: can we carry concealed in a restaurant/ bar yet

Posted: Tue, 18 Jan 2011 14:59:54
by Gman1231
nice...thank you for the clarifications. I cant wait to be back home!!!!!

Re: can we carry concealed in a restaurant/ bar yet

Posted: Tue, 18 Jan 2011 18:40:32
by ProShooter
For those interested, here is a class which may answer your questions - http://proactiveshooters.com/general-co ... rry-in-va/

Re: can we carry concealed in a restaurant/ bar yet

Posted: Wed, 19 Jan 2011 13:20:10
by chrgnu
So, what the law says. You can carry concealed into a rest. or bar as long as you dont drink alcohol but if you do, you have to open carry it, and dont switch from cc to oc inside there because you can get in trouble for brandishing. Aren't our laws great :hysterical:

Re: can we carry concealed in a restaurant/ bar yet

Posted: Wed, 19 Jan 2011 21:21:41
by ProShooter
chrgnu wrote:and dont switch from cc to oc inside there because you can get in trouble for brandishing. Aren't our laws great :hysterical:

Well, that isn't exactly what brandishing is, and I doubt that anything will happen if you did it properly.