VA specific, "loophole" in restaurant no CC law?

This is a discussion on VA specific, "loophole" in restaurant no CC law? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; §18.2-308 (J.3.): No person shall carry a concealed handgun onto the premises of any restaurant or club as defined in § 4.1-100 for which a ...

Results 1 to 7 of 7

Thread: VA specific, "loophole" in restaurant no CC law?

  1. #1
    VIP Member Array paramedic70002's Avatar
    Join Date
    Jun 2006
    Location
    Franklin, VA
    Posts
    5,122

    VA specific, "loophole" in restaurant no CC law?

    §18.2-308 (J.3.): 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, 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.

    So if I am an event sponsor of a planned event, like a party, I am exempt from the law?
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

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

  2. Remove Ads

  3. #2
    VIP Member
    Array goawayfarm's Avatar
    Join Date
    Mar 2005
    Location
    Fork Union, Virginia
    Posts
    2,690
    Correct!

    The other 'loophole' that exists with restaurant carry, is there is no 'punishment' spelled out for violating that law. Virginia's AG wrote an opinion, some time ago (I'll see if I can find it....), that stated that while it was against the law to carry concealed in an ABC establishment, that there was NO penalty assigned to that violation.....
    Quemadmodum gladius neminem occidit, occidentis telum est.-Seneca

    "If you carry a gun, people will call you paranoid. If I have a gun, what do I have to be paranoid about?" -Clint Smith

    "An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." -Jeff Cooper

  4. #3
    Member Array Jason Rogers's Avatar
    Join Date
    Jun 2007
    Location
    Lorton Virginia
    Posts
    211
    Quote Originally Posted by goawayfarm View Post
    Correct!

    The other 'loophole' that exists with restaurant carry, is there is no 'punishment' spelled out for violating that law. Virginia's AG wrote an opinion, some time ago (I'll see if I can find it....), that stated that while it was against the law to carry concealed in an ABC establishment, that there was NO penalty assigned to that violation.....

    It seems to me that by default one would be in violation of:

    Class 1 Misdemeanor

    ♦ The carrying of a concealed firearm by any person other than a felon ((§ 18.2-308) Prohibits the carrying of any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or any weapon of like kind by any person hidden from common observance about his person. Any of the enumerated weapons shall be seized and forfeited to the Commonwealth. A weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature. ).-Jay

  5. #4
    VIP Member
    Array archer51's Avatar
    Join Date
    Nov 2007
    Location
    VA
    Posts
    21,141
    I would say if you are a sponsor of a party you would be covered by the law, BUT I think it would have to be a party or event that is planned in advance and the resturant staff would have to be aware of it. Just showing up at a resturant and telling the hostest your having a birthday party for so and so probably won't fly.

  6. #5
    Member Array DickSki's Avatar
    Join Date
    Jan 2008
    Location
    Cali
    Posts
    21
    Quote Originally Posted by Jason Rogers View Post
    It seems to me that by default one would be in violation of:

    Class 1 Misdemeanor

    ♦ The carrying of a concealed firearm by any person other than a felon ((§ 18.2-308) Prohibits the carrying of any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or any weapon of like kind by any person hidden from common observance about his person. Any of the enumerated weapons shall be seized and forfeited to the Commonwealth. A weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature. ).-Jay
    Yes but where does it link what you just quoted to the crime he is talking about???
    "Life is a sexually transmitted disease."... Think about it.

  7. #6
    Member Array Jason Rogers's Avatar
    Join Date
    Jun 2007
    Location
    Lorton Virginia
    Posts
    211
    Quote Originally Posted by DickSki View Post
    Yes but where does it link what you just quoted to the crime he is talking about???
    I was referring to goawayfarm's assertion that ccw in a bar had "no penalty". I assert that the penalty would be as if you where ccing anywhere else without a ccw license.

    I think the OP is right. If for instance one rented out an American Legion for a charity event, that renter/event-organizer may ccw.-Jay

  8. #7
    VIP Member Array Rob99VMI04's Avatar
    Join Date
    Aug 2006
    Location
    NOVA...200 square miles surrounded by reality
    Posts
    3,168
    Quote Originally Posted by archer51 View Post
    I would say if you are a sponsor of a party you would be covered by the law, BUT I think it would have to be a party or event that is planned in advance and the resturant staff would have to be aware of it. Just showing up at a resturant and telling the hostest your having a birthday party for so and so probably won't fly.

    I would say not true VA Law is written to tell you what you cannot do. If it doesn't spell it out then you probably don't have to tell the Restaraunt staff.
    “Are you a thermometer or a thermostat, do you reflect or become what is happening in the room or do you change the atmosphere, reset the temperature when you come into the room”?--Chuck Swindoll

    Its not about guns...Its about Freedom!

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Getting a shotty "there." CT specific answer needed but general will help too.
    By Hopyard in forum Defensive Rifles & Shotgun Discussion
    Replies: 17
    Last Post: January 31st, 2011, 09:52 PM
  2. Letter to restaurant management about "no firearms" sign
    By AzB in forum Concealed Carry Issues & Discussions
    Replies: 21
    Last Post: March 24th, 2010, 08:50 AM
  3. Media lies / "gun show loophole" exempts FFLs
    By paramedic70002 in forum The Second Amendment & Gun Legislation Discussion
    Replies: 11
    Last Post: December 13th, 2008, 09:34 AM
  4. I'd like to enter..."THE GUNSHOW LOOPHOLE"
    By 12smile in forum Defensive Carry Guns
    Replies: 21
    Last Post: April 15th, 2008, 11:13 PM
  5. U.S. Senators Aim to Close So Called "Gun Show Loophole"
    By BigEFan in forum The Second Amendment & Gun Legislation Discussion
    Replies: 7
    Last Post: February 5th, 2008, 09:56 PM

Search tags for this page

18.2-308(j)
,
ballistic knife loophole
,
cc law virginia
,
ccw va restaurant law?
,
is a ballistic knife legal in virginia with a ccw
,
restaurant code va
,
title 11 weapons loophole
,
va cc law
,
va cc laws
,

va code /nun chuck

,
va concealed carry loopholes
,
va-specific
,
virginia cc laws
,
virginia ccw law restaurant
,
virginia handgun cc law
Click on a term to search for related topics.