VA: Mall food court off limits for CCW if any restaurant serves alcohol?

This is a discussion on VA: Mall food court off limits for CCW if any restaurant serves alcohol? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; In Virginia, unless you're a priliviged commonwealth attorney, you can't CCW in a restaurant or club that serves alcohol, even if you're not drinking (though ...

Results 1 to 9 of 9

Thread: VA: Mall food court off limits for CCW if any restaurant serves alcohol?

  1. #1
    Member Array cz2075bd's Avatar
    Join Date
    Jun 2009
    Location
    Virginia
    Posts
    272

    VA: Mall food court off limits for CCW if any restaurant serves alcohol?

    In Virginia, unless you're a priliviged commonwealth attorney, you can't CCW in a restaurant or club that serves alcohol, even if you're not drinking (though ironically open carry is totally legal in restaurants & clubs even while drinking).

    My question is about a shopping mall food court. There are a few dozen walk-up fast food restaurants on the perimeter and a large common seating area in the middle. Most do not serve alcohol but a few do, for consumption within the food court.

    Is it legal to CCW in this food court?

    Thanks in advance!
    Last edited by cz2075bd; November 10th, 2009 at 10:57 AM. Reason: typo
    pro-CZ's, pro-AR's, anti-CZAR's

  2. Remove Ads

  3. #2
    JD
    JD is online now
    Administrator
    Array JD's Avatar
    Join Date
    Jun 2006
    Location
    Central Iowa
    Posts
    19,118
    While I'm not a lawyer I will suggest the following:

    1: Contact the VA Attn. General and ask for his input on the matter.
    2: Carrying concealed within the perimeter of an establishment licensed to sell such beverages is illegal. The common area of the food court most likely is not owned operated by the licensed establishment. I would not consider it to be a "special" space and accommodation, if the establishment that serves has it's own seating area, that I would consider to be a special space and accommodation.





    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 or any retired law-enforcement officer who meets the definition of a "qualified retired law-enforcement officer" pursuant to 18 U.S.C. 926C and is carrying the identification required by such statute 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.
    _____________________
    4.1-100
    Definitions:

    "Restaurant" means, for a beer, or wine and beer license or a limited mixed beverage restaurant license, any establishment provided with special space and accommodation, where, in consideration of payment, meals or other foods prepared on the premises are regularly sold.
    But I would prefer you going with number 1.

  4. #3
    Member Array jtracey's Avatar
    Join Date
    Jun 2006
    Location
    Virginia (ex Vermonter)
    Posts
    24

    Malls

    Very fine line here. If the privileges of the ABC license allow for the consumption of alcohol within any portion of the food court, a customer could not carry a concealed weapon into or within that food court. However, if the privileges of the license are restricted to a specific, well-defined area within the food court, the prohibition to carry a concealed weapon would apply only to that well-defined area. So long as no other ABC licensee was also operating within the food court, it is my opinion it would be legal for a customer to carry a concealed weapon within the "non-licensed" area of the food court.

    You can check the licensee here: Licensee Search Form

    One last thing, a lot of malls in Virginia do not allow firearms on property, make sure you are even allowed to be in the mall with ccw.
    I'm your worst nightmare, a liberal with a gun.

  5. #4
    VIP Member Array paramedic70002's Avatar
    Join Date
    Jun 2006
    Location
    Franklin, VA
    Posts
    5,119
    The VA AG will not give an opinion to a lowly citizen. Maybe your Delegate or Senator could get an opinion...
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

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

  6. #5
    Distinguished Member Array REVMAN's Avatar
    Join Date
    Mar 2009
    Location
    South Carolina
    Posts
    1,915
    Not sure of the answer to your question....but I've never seen a mall that allowed alcohol in the food court area. That's a new one for me.
    Always put Jesus first in your life.
    NRA (Lifetime Member)
    U.S. Navy Vet.

  7. #6
    Member Array qdoggydogg's Avatar
    Join Date
    Jul 2009
    Location
    Virginia Beach, VA
    Posts
    113
    Great question, I would be curious to know the answer. Not aware of alot of food courts around here with beer stands, but I know in the old Waterside marketplace in Norfolk they used to have vendors who served draft beers. Then again I think it was posted no firearms as well because of the nightclubs upstairs.

  8. #7
    Senior Member Array press1280's Avatar
    Join Date
    Sep 2007
    Location
    WV
    Posts
    750
    The new governor just needs to get rid of this stupid feel good law.
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
    Nunn v. State GA 1848

  9. #8
    VIP Member Array NCHornet's Avatar
    Join Date
    Dec 2006
    Location
    Mt Airy, NC
    Posts
    2,158
    Quote Originally Posted by REVMAN View Post
    Not sure of the answer to your question....but I've never seen a mall that allowed alcohol in the food court area. That's a new one for me.
    +1 must be some mall!!!!!

    NCH
    When Seconds Count, The Cops Are Just Minutes Away!!
    Carry On!
    NCHornet

  10. #9
    VIP Member
    Array OldVet's Avatar
    Join Date
    Nov 2009
    Location
    S. Florida, north of the Miami mess, south of the Mouse trap
    Posts
    15,721
    You need to have the Florida law on that. No 50% of business crap. No CW in a bar or tavern, as its business is "primarily" the sell of alcohol. If a restaurant sells alcohol for consumption, you cannot sit at the bar, but can sit at a table in the food areas.
    Retired USAF E-8. Remember: You're being watched!
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

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. Flash Mob at Mall Food Court
    By Patti in forum Off Topic & Humor Discussion
    Replies: 9
    Last Post: December 5th, 2010, 07:21 PM
  2. GA & Carrying Concealed in a restaurant that serves alcohol
    By maddy345 in forum Concealed Carry Issues & Discussions
    Replies: 5
    Last Post: February 20th, 2010, 12:52 AM
  3. Carried to restaurant that Serves Alcohol
    By mi2az in forum Concealed Carry Issues & Discussions
    Replies: 30
    Last Post: October 26th, 2009, 12:02 AM
  4. Gunman robs pair in food court at the Palm Beach Mall
    By miklcolt45 in forum In the News: The Good, the Bad and the Ugly
    Replies: 13
    Last Post: March 15th, 2008, 08:38 AM
  5. Hotel Restaurant/Alcohol in VA
    By packinnova in forum Concealed Carry Issues & Discussions
    Replies: 8
    Last Post: November 1st, 2006, 09:23 PM

Search tags for this page

can you carry a gun in a mall in virginia
,

can you conceal carry in a mall in va

,

concealed carry va malls

,

concealed carry virginia malls

,

off limits at restaurants

,
off limits concealed carry va
,

va concealed carry in malls

,
va concealed carry laws restaurant
,

virginia concealed carry in malls

,

virginia concealed carry off limits

,
virginia mall concealed carry
,

why can't fast food restaurants serve alcohol in virginia

Click on a term to search for related topics.