? about Restaurant Carry in VA

? about Restaurant Carry in VA

This is a discussion on ? about Restaurant Carry in VA within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; VA law says you can only Open Carry when at a restaurant that serves alcohol legally. My question is, when Winter comes, you go to ...

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  1. #1
    Member Array Glock_19's Avatar
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    ? about Restaurant Carry in VA

    VA law says you can only Open Carry when at a restaurant that serves alcohol legally. My question is, when Winter comes, you go to a restaurant and you are wearing a MTAC holster. They don't see it until your coat is off. Now is this technically considered open carry because you can see the firearm if your shirt is tucked in?

    Do many of you just CC in restaurants or do you Open Carry which is what the law says you need to do in order for it to be legal.

    If you are sitting down at a booth and your firearm is toward the window seat, no one can see the firearm unless you decide to get up. Can they say you are trying to conceal the firearm in this instance?
    G19
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  2. #2
    Distinguished Member Array Chooie's Avatar
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    So long as a casual observer can tell you're carrying a firearm I would say you're open carrying. If you wear an IWB that has the shirt tucked behind it so it is visible without a coat on, IMO that's fine, and is often done - AKA the "Virginia Tuck". If the gun is hidden by the seat, booth, or wall, that's just part of the environment.

    Open carrying does not mean you have to wear a hat that has "I HAVE A GUN" made out of blinking LEDs.

  3. #3
    Distinguished Member Array Ghettokracker71's Avatar
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    Lol. I open carry all the time. I know most people on this board freak out,and will tell you not to. I don't tuck my shirt in, I use a bianchi thumb break for my p3at,and just wear my shirt around it,or fobus paddle for my cz.

    chooie-you have almost my line-up! lol. I'm selling my cz to get an XD-40,and already own and LOVE my p3at.


    "To blame a gun for a mans decision is to foolishly attribute free will to an inanimate object"- Colion Noir.

  4. #4
    Senior Member Array f8lranger4x4's Avatar
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    +1 OC every day even though i have a permit

  5. #5
    Member Array Harold Fastwaker's Avatar
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    Yup, if you have a coat on I suggest taking it off as soon as you walk in. I guess if you wanted to be safe you could tuck the jacket behind the grip of the gun and you should be fine.

  6. #6
    VIP Member Array packinnova's Avatar
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    +1 on chooie's and others comments. I frequent places around Vienna/Tysons, Herndon, Sterling, Ashburn, Leesburg, ...err ug basically everything along the Route7 corridor from tysons to Winchester and I typically do the "Virginia Tuck". I've been in line with officers and sat next to them, behind them, in front of them and never had any problems. There are a few problem areas like VA Beach, but they'll be dealt with shortly(thanks Chet).
    "My God David, We're a Civilized society."

    "Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the crap out of them; no more rules...You'll see how primitive they can get."
    -The Mist (2007)

  7. #7
    VIP Member Array SIGguy229's Avatar
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    Quote Originally Posted by Glock_19 View Post
    VA law says you can only Open Carry when at a restaurant that serves alcohol legally. My question is, when Winter comes, you go to a restaurant and you are wearing a MTAC holster. They don't see it until your coat is off. Now is this technically considered open carry because you can see the firearm if your shirt is tucked in?
    AFAIK, you must OC once you cross the threshold (or before you enter) of the restaurant--so you'll need to take off your coat.

    Quote Originally Posted by Glock_19 View Post
    Do many of you just CC in restaurants or do you Open Carry which is what the law says you need to do in order for it to be legal.
    In compliance with the law, I OC when in a restaurant that serves alcohol (Olive Garden, etc)--but CC when in restaurants that do not serve alcohol (Ci-Ci's Pizza)

    Quote Originally Posted by Glock_19 View Post
    If you are sitting down at a booth and your firearm is toward the window seat, no one can see the firearm unless you decide to get up. Can they say you are trying to conceal the firearm in this instance?
    They can say whatever they want--the fact is, you are required to OC in a restaurant...the law doesn't say that your weapon needs to be on display for all to see. In regards to being in compliance with the law, it does not affect where you sit or how you sit, just that the weapon is not concealed. If you get up and someone sees it, you are in compliance with the law.

  8. #8
    Distinguished Member Array Ghettokracker71's Avatar
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    Common observation, much like vehicle carry w/o a permit. If when sitting the weapon happens to be covered(for instance: Alot of places if you carry on the right side, and sit in the right side of a booth, your weapon WILL be covered.) its okay. I normally OC a fobus paddle holster for my CZ40P (think p01 frame.) but lately I've been using my bianchi thumb break OWB at 5 o'clock with my kel-tec, doing the "virginia tuck".

    (Note: Open carry is my only means of legal firearm carry as I have not --yet-- got my CC license.)

    EDIT: and for what its worth,I went all the way to norfolk on the 28th with the VCDL to support Chet S. :)


    "To blame a gun for a mans decision is to foolishly attribute free will to an inanimate object"- Colion Noir.

  9. #9
    Member Array Glock_19's Avatar
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    Thanks all for clearing this up for me! :)
    G19
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