This is a discussion on Need some help on the VA SB776 issue within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I want to make sure I'm 100% clear on what Gov. Kaine signed as far as SB776 is concerned. I attached the #9 that was ...
I want to make sure I'm 100% clear on what Gov. Kaine signed as far as SB776 is concerned. I attached the #9 that was added under SB776 as well as the two other sections (J1. and J3.) referencing the under the influence of alcohol section and concealed carry in places that serve alcohol. It appears to me that Commonwealths Attorney's are not called out as sworn law enforcement anywhere and therefore SHOULD be governed by the same rules that us puny little citizens are. Did I miss something? Not trying to defend Kaine or anyone else. Just want to make sure I'm not being pointed towards a witch hunt by some others.
SB 776 added this ---> 9. Any attorney for the Commonwealth or assistant attorney for the Commonwealth, wherever such attorney may travel in the Commonwealth.
J1. Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor. Conviction of any of the following offenses shall be prima facie evidence, subject to rebuttal, that the person is "under the influence" for purposes of this section: manslaughter in violation of § 18.2-36.1, maiming in violation of § 18.2-51.4, driving while intoxicated in violation of § 18.2-266, public intoxication in violation of § 18.2-388, or driving while intoxicated in violation of § 46.2-341.24. Upon such conviction that court shall revoke the person's permit for a concealed handgun and promptly notify the issuing circuit court. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.
J3. No person shall carry 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; however, nothing herein shall prohibit any sworn law-enforcement officer from carrying a concealed handgun on the premises of such restaurant or club or any owner or event sponsor or his employees from carrying a concealed handgun while on duty at such restaurant or club if such person has a concealed handgun permit.
S&W 638, Ruger LCP, Kimber Ultra CDP