Virginia Law Question

This is a discussion on Virginia Law Question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; As you have probably heard, the attemp to over-ride the the veto of a measure to allow concealed carry in establishments that serve alcohol failed. ...

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Thread: Virginia Law Question

  1. #1
    Senior Member Array Zsnake's Avatar
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    Virginia Law Question

    As you have probably heard, the attemp to over-ride the the veto of a measure to allow concealed carry in establishments that serve alcohol failed. Dang the luck!

    Anyway, upon discussing this with some folks that have common sense (read "that think like me" LOL), one fella put out the following statement. In Virginia, HE SAYS, if the owner or manager of such an establishment authorizes you to carry in his place of business, you may. This guy says that as he enters such a place, he tells the owner/manager that he is carrying and asks if he will allow him to keep it concealed or would he like him to take it out and lay it on the table. He usually gets permission ACCORDING TO HIM.

    I am highly suspect of this proceedure, but if you know for a fact that it is true, please post.

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    Array matdicdad's Avatar
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    Not heard of this before. Anyhow I would not want to just lay my gun on a table. Just my .02.

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    Senior Member Array highvoltage's Avatar
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    Quote Originally Posted by Zsnake View Post
    As you have probably heard, the attemp to over-ride the the veto of a measure to allow concealed carry in establishments that serve alcohol failed. Dang the luck!

    Anyway, upon discussing this with some folks that have common sense (read "that think like me" LOL), one fella put out the following statement. In Virginia, HE SAYS, if the owner or manager of such an establishment authorizes you to carry in his place of business, you may. This guy says that as he enters such a place, he tells the owner/manager that he is carrying and asks if he will allow him to keep it concealed or would he like him to take it out and lay it on the table. He usually gets permission ACCORDING TO HIM.

    I am highly suspect of this proceedure, but if you know for a fact that it is true, please post.
    He can OC, however, concealed carry is restricted:

    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.
    The owner of the establishment and his/her employees may carry (if licensed), but I don't think that transfers to patrons. (Legal stuff: IINAL)

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    Senior Member Array Zsnake's Avatar
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    Yep, I didn't think it was a legit possibility.
    Didn't like this dude anyway! LOL

    THANKS for the reply!

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    Not legal unless the owner want to put you on the time clock. Sounds like your "friend" is full of it. He needs to read the law.
    Last edited by archer51; April 15th, 2009 at 08:34 PM. Reason: corrected spelling

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    Ex Member Array United93's Avatar
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    Laying a gun on a table in a public place doesn't sound like an idea coming from the sharpest tool in the shed...

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    Member Array Holger's Avatar
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    Overall, I'm satisfied with VA gun laws, but they could be better. Open carry and drink a beer is kosher, yet concealed carry and no drinking is not. Retired LEO or Commonwealth Atty? Carry concealed AND drink. No training is even required for the Atty.

    But, hey, as our Governor has said "guns and alcohol don't mix." Well, unless you OC, are a cop or a prosecutor, THEN they mix. Just lots of inconsistencies.

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    Member Array heckler22150's Avatar
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    False. Furthermore, carrying while under the influence is a misdemeanor.

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    Member Array nkanofolives's Avatar
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    Pull out a gun in a restaurant and lay it on the table? My friend, that is called brandishing (at a bare minimum).

    Please, next time you see this "fella" let him know he is a moran


  11. #10
    Member Array Holger's Avatar
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    Quote Originally Posted by heckler22150 View Post
    False. Furthermore, carrying while under the influence is a misdemeanor.
    Which part is false? Open carry is allowed in establishments that serve alcohol. The statute says "under the influence." By legal standard, that's .08 in VA (although the statute isn't specific).

    Note, I'm NOT saying it's advisable to open carry and drink. I just read the law as saying open carrying and consuming alcohol is legal as long as you are not "under the influence," which can be argued at .08. I can legally fly an airliner at .04.

    I'm not trying to be disagreeable, just trying to fully understand the law. If one cannot legally open carry and have a beer at a restaurant in VA, I'm clearly in the wrong. Again, not saying it's advisable, just that I think it's not illegal.

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    VIP Member Array paramedic70002's Avatar
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    I just wonder what a woman with a holster purse or a man with a belly band is supposed to do.
    "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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    Member Array celticredneck's Avatar
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    Quote Originally Posted by paramedic70002 View Post
    I just wonder what a woman with a holster purse or a man with a belly band is supposed to do.
    Or a "Smart Carry" "Here, let me whip this out."

  14. #13
    Member Array celticredneck's Avatar
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    Va law allows "Open carry" in restaurants that serve alcohol, because there is no law against it. You can also drink while open carrying simply because it is not prohibited by law. It sounds strange, but that is the way things work here. I have open carried in several restaurants and had no problems, but my personal rule is, "if I plan to drink, I do not carry, and if I do carry, I do not drink." This is why "King Kane's" veto is so stupid.

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