Virginia Restaraunts; Carry Open or Concealed - Page 3

Virginia Restaraunts; Carry Open or Concealed

This is a discussion on Virginia Restaraunts; Carry Open or Concealed within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by SIGguy229 Here's the cliff notes version... In VA....you are able to open carry (except where prohibited by law..schools, etc) WITHOUT a permit...yes, ...

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  1. #31
    VIP Member Array packinnova's Avatar
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    Quote Originally Posted by SIGguy229
    Here's the cliff notes version...
    In VA....you are able to open carry (except where prohibited by law..schools, etc) WITHOUT a permit...yes, in the free state of VA...no need to get a silly permit to OPEN carry.

    To conceal carry, you must apply for a concealed HANDGUN permit (not weapon) after you have completed the required 8-hr training, or show your DD214 or active duty/reserve ID as verification of weapons training. The permit application is submitted to your county clerk's office and the county SHALL ISSUE you a permit within/no longer than 45 days (provided you are not hiding that you are a convicted felon, etc...in your application)

    HOWEVER--regardless of whether you have a CHP or not--if the restaurant serves alcohol (i.e. has an ABC license) YOU MUST open carry...this is the Alcohol Beverage Commission's way of sticking permit holders in the eye, thinking we would be discouraged from carrying...little do they know...

    VCDL has been extremely active in getting this overturned through legislation...the antis call this the "Guns in Bars" law....the idiots

    Mike in VA
    Just for clarification, I don't believe this "To conceal carry, you must apply for a concealed HANDGUN permit (not weapon) after you have completed the required 8-hr training" is entirely correct. There is no required 8 hour training. Lookup code 18.2-308 section G. It lists the requirements. I'll leave it at that as I suspect I may be getting a bit off topic (as I have a tendency to do).


  2. #32
    VIP Member Array SIGguy229's Avatar
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    No problem...I think I was blending requirements from different states...here is what the VA State Police have posted on their website (http://www.vsp.state.va.us/cjis_cwp.htm)

    The court shall require proof that the applicant has demonstrated competence with a handgun and the applicant may demonstrate such competence by one of the following, but no applicant shall be required to submit to any additional demonstration of competence:

    Completing any hunter education or hunter safety course approved by the Department of Game and Inland Fisheries or a similar agency of another state;

    Completing any National Rifle Association firearms safety or training course;

    Completing any firearms safety or training course or class available to the general public offered by a law-enforcement agency, junior college, college, or private or public institution or organization or firearms training school utilizing instructors certified by the National Rifle Association or the Department of Criminal Justice Services;

    Completing any law-enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;

    Presenting evidence of equivalent experience with a firearm through participation in organized shooting competition or current military service or proof of an honorable discharge from any branch of the armed services;

    Obtaining or previously having held a license to carry a firearm in this Commonwealth or a locality thereof, unless such license has been revoked for cause;

    Completing any firearms training or safety course or class conducted by a state-certified or National Rifle Association-certified firearms instructor;

    Completing any governmental police agency firearms training course and qualifying to carry a firearm in the course of normal police duties; or

    Completing any other firearms training which the court deems adequate.

    A photocopy of a certificate of completion of any of the courses or classes; an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant; or a copy of any document which shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this subsection.

  3. #33
    Member Array country85's Avatar
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    While the law in Va. is somewhat restrictive, it could be worse. It could be like NC which is full of restrictions such as you can not carry in any event that charges an admission. This means no to movies which you will be coming out of late at night.
    Due to this restrictions I eat out (expose IWB ) and attend movies in Virginia as I live near the border.
    We have very little hope of any improvements in NC as all branches of state government are controlled by liberals. Our state as become a beacon for transplanted liberals which I am afraid will only weaken out conceal carry rights.

  4. #34
    VIP Member Array SIGguy229's Avatar
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    Just to play devil's advocate--I looked up the VA state code--and it doesn't spell out the consequences for carrying concealed in a restaurant...it says "prohibited", but doesn't say whether it is a misdemeanor or felony.

    <break> <break>
    Has anyone OC in Pentagon City, Crystal City, Arlington, or around that area? Experiences?

  5. #35
    Senior Member Array jofrdo's Avatar
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    P8tiot already made this point in post #5 in this thread. I researched it in my copy of "Virginia Gun Owners Guide" and found that you and he are correct. Still, despite no penalties for conceal carrying in alcohol-serving restaurants, I have started open carrying in there, always dressed respectfully (country club casual) so that other diners will associate the practice with clean-cut, well dressed middle class, not hoodlums.

    I was open carrying in a restaurant this evening with my family when two uniformed LEO's came in. The host led them to the rear of the dining room where I sat. I got paranoid and thought the management had freaked and called the police about "a man with a gun." I was relieved when I saw their uniform patches were from a neighboring jurisdiction; just there for dinner!

  6. #36
    VIP Member Array packinnova's Avatar
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    Quote Originally Posted by jofrdo
    P8tiot already made this point in post #5 in this thread. I researched it in my copy of "Virginia Gun Owners Guide" and found that you and he are correct. Still, despite no penalties for conceal carrying in alcohol-serving restaurants, I have started open carrying in there, always dressed respectfully (country club casual) so that other diners will associate the practice with clean-cut, well dressed middle class, not hoodlums.

    I was open carrying in a restaurant this evening with my family when two uniformed LEO's came in. The host led them to the rear of the dining room where I sat. I got paranoid and thought the management had freaked and called the police about "a man with a gun." I was relieved when I saw their uniform patches were from a neighboring jurisdiction; just there for dinner!
    Quite correct on the attire sir. The non-hoodlum related clothing does set us apart somewhat. Whether I agree with current society standards or not, it is true that our society somewhat revolves around image. It's the same reason why I usually try to dress more business casual-ish while open carrying in restaurants as well. It helps ease the tensions a bit.

  7. #37
    Member Array Mos42's Avatar
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    Have the CCW but still open carry alot. Head down to my folks a bit in what was country but now suburbia. Went into the gas station to get a drink and a guy ask me if I thought I really needed that thing. I said yep and brought up that several houses had been shot at by gang memebers in there nice affluent area.

    I did like how his wife kept smileing at me the entire time and shakeing her head at him behind his back. Handed her a buss. card and said if ya ever want to do some shootin give me a yell. LOL

  8. #38
    VIP Member Array paramedic70002's Avatar
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    Below is what I found in the Code of Virginia as it applies to Mixed beverage (liquor) licenses. I did not find anywhere in the code section, a "bar" permit. I agree that some establishments seem to be bars, I do not know how they get around this, unless they get their food receipts during the day, and their liquor receipts at night.

    Any LEOs out there want to answer this?

    http://leg1.state.va.us/cgi-bin/legp...00+cod+4.1-210

    4.1-210. Mixed beverages licenses.

    A. Subject to the provisions of 4.1-124, the Board may grant the following licenses relating to mixed beverages:

    1. Mixed beverage restaurant licenses, which shall authorize the licensee to sell and serve mixed beverages for consumption in dining areas and other designated areas of such restaurant. Such license may be granted only to persons (i) who operate a restaurant and (ii) whose gross receipts from the sale of food cooked or prepared, and consumed on the premises and nonalcoholic beverages served on the premises, after issuance of such license, amount to at least 45 percent of the gross receipts from the sale of mixed beverages and food. For the purposes of this paragraph, other designated areas shall include outdoor dining areas, whether or not contiguous to the licensed premises, provided such areas are under the control of the licensee and approved by the Board.

    If the restaurant is located on the premises of a hotel or motel with not less than four permanent bedrooms where food and beverage service is customarily provided by the restaurant in designated areas, bedrooms and other private rooms of such hotel or motel, such licensee may (i) sell and serve mixed beverages for consumption in such designated areas, bedrooms and other private rooms and (ii) sell spirits packaged in original closed containers purchased from the Board for on-premises consumption to registered guests and at scheduled functions of such hotel or motel only in such bedrooms or private rooms. However, with regard to a hotel classified as a resort complex, the Board may authorize the sale and on-premises consumption of alcoholic beverages in all areas within the resort complex deemed appropriate by the Board. Nothing herein shall prohibit any person from keeping and consuming his own lawfully acquired spirits in bedrooms or private rooms.

    If the restaurant is located on the premises of and operated by a private, nonprofit or profit club exclusively for its members and their guests, or members of another private, nonprofit or profit club in another city with which it has an agreement for reciprocal dining privileges, such license shall also authorize the licensees to sell and serve mixed beverages for on-premises consumption. Where such club prepares no food in its restaurant but purchases its food requirements from a restaurant licensed by the Board and located on another portion of the premises of the same hotel or motel building, this fact shall not prohibit the granting of a license by the Board to such club qualifying in all other respects. The club's gross receipts from the sale of nonalcoholic beverages consumed on the premises and food resold to its members and guests and consumed on the premises shall amount to at least 45 percent of its gross receipts from the sale of mixed beverages and food. The food sales made by a restaurant to such a club shall be excluded in any consideration of the qualifications of such restaurant for a license from the Board.

    2. Mixed beverage caterer's licenses, which may be granted only to a person regularly engaged in the business of providing food and beverages to others for service at private gatherings or at special events, which shall authorize the licensee to sell and serve alcoholic beverages for on-premises consumption. The annual gross receipts from the sale of food cooked and prepared for service and nonalcoholic beverages served at gatherings and events referred to in this subdivision shall amount to at least 45 percent of the gross receipts from the sale of mixed beverages and food.

    3. Mixed beverage special events licenses, to a duly organized nonprofit corporation or association in charge of a special event, which shall authorize the licensee to sell and serve mixed beverages for on-premises consumption in areas approved by the Board on the premises of the place designated in the license. A separate license shall be required for each day of each special event.

    4. Annual mixed beverage special events licenses to (i) a duly organized nonprofit corporation or association operating a performing arts facility or (ii) a nonprofit corporation or association chartered by Congress for the preservation of sites, buildings and objects significant in American history and culture. The operation in either case shall be upon premises owned by such licensee or occupied under a bona fide lease the original term of which was for more than one year's duration. Such license shall authorize the sale, on the dates of performances or events in furtherance of the purposes of the nonprofit corporation or association, of alcoholic beverages, for on-premises consumption in areas upon the licensed premises approved by the Board.

    5. Mixed beverage carrier licenses to persons operating a common carrier of passengers by train, boat or airplane, which shall authorize the licensee to sell and serve mixed beverages anywhere in the Commonwealth to passengers while in transit aboard any such common carrier, and in designated rooms of establishments of air carriers at airports in the Commonwealth.

    6. Mixed beverage club events licenses, which shall authorize a club holding a beer or wine and beer club license to sell and serve mixed beverages for on-premises consumption by club members and their guests in areas approved by the Board on the club premises. A separate license shall be required for each day of each club event. No more than 12 such licenses shall be granted to a club in any calendar year.

    7. Annual mixed beverage amphitheater licenses to persons operating food concessions at any outdoor performing arts amphitheater, arena or similar facility that has seating for more than 20,000 persons and is located in any county with a population between 210,000 and 216,000 or in any city with a population between 392,000 and 394,000. Such license shall authorize the licensee to sell alcoholic beverages during the performance of any event, in paper, plastic or similar disposable containers to patrons within all seating areas, concourses, walkways, concession areas, or similar facilities, for on-premises consumption.

    8. Annual mixed beverage amphitheater licenses to persons operating food concessions at any outdoor performing arts amphitheater, arena or similar facility that has seating for more than 5,000 persons and is located in any city with a population between 103,900 and 104,500. Such license shall authorize the licensee to sell alcoholic beverages during the performance of any event, in paper, plastic or similar disposable containers to patrons within all seating areas, concourses, walkways, concession areas, or similar facilities, for on-premises consumption.

    9. Annual mixed beverage motor sports facility license to persons operating food concessions at any outdoor motor sports road racing club facility, of which the track surface is 3.27 miles in length, on 1,200 acres of rural property bordering the Dan River, which shall authorize the licensee to sell mixed beverages, in paper, plastic, or similar disposable containers during scheduled events, as well as events or performances immediately subsequent thereto, to patrons in all dining facilities, seating areas, viewing areas, walkways, concession areas or similar facilities, for on-premises consumption. Upon authorization of the licensee, any person may keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license.

    10. Annual mixed beverage banquet licenses to duly organized private nonprofit fraternal, patriotic or charitable membership organizations that are exempt from state and federal taxation and in charge of banquets conducted exclusively for its members and their guests, which shall authorize the licensee to serve mixed beverages for on-premises consumption in areas approved by the Board on the premises of the place designated in the license. Such license shall authorize the licensee to conduct no more than 12 banquets per calendar year.

    B. The granting of any license under subdivision 1, 5, 6, 7, 8, 9, or 10 shall automatically include a license to sell and serve wine and beer for on-premises consumption. The licensee shall pay the state and local taxes required by 4.1-231 and 4.1-233.

    (1968, c. 7, 4-98.2, 4-98.3; 1970, cc. 119, 627; 1972, cc. 679, 691; 1974, c. 460; 1975, c. 483; 1976, cc. 700, 768; 1978, c. 153; 1980, c. 490; 1981, c. 269; 1982, c. 119; 1986, cc. 70, 374; 1987, c. 107; 1990, c. 402; 1991, c. 690; 1992, cc. 162, 215; 1993, cc. 190, 866, 910; 1998, c. 535; 2000, cc. 1036, 1047, 1051; 2001, cc. 461, 845; 2004, c. 487; 2006, c. 731.)
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

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