Virginia Restaurant Ban More Confusing Than Ever

This is a discussion on Virginia Restaurant Ban More Confusing Than Ever within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by ccman So what is it. You can't conceal if the restaurant sell alcohol ?. Applebees You would have to open carry. Wendys ...

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Thread: Virginia Restaurant Ban More Confusing Than Ever

  1. #16
    Member Array celticredneck's Avatar
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    Quote Originally Posted by ccman View Post
    So what is it. You can't conceal if the restaurant sell alcohol ?. Applebees You would have to open carry. Wendys would be ok to conceal as they do not sell alcohol.
    It gets even sillier. Our Esteemed? Governor has ruled, in his infinite wisdom, that any commonwealth's attorney may carry concealed without a permit in any bar even if it doesn't serve food. And to add to this stupidity, he is allowed to consume alcoholic beverages while carrying. We, on the other hand, as CHP holders, under the current bill, would not be allowed to drink while carrying and would have to notify the ABC manager if we were carrying. Of course, Governor Kane is likely to veto the bill anyhow.

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  3. #17
    VIP Member Array paramedic70002's Avatar
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    That cited bill got shelved. Maybe next year...
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

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    Paramedics With Guns Scare People!

  4. #18
    Senior Member Array SCfromNY's Avatar
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    I asked a deputy the same question when I was in Williamsburg. He said you can open carry almost anywhere but MUST in a restaurant selling alcohol. His only negative thought was that they are required to respond to a "man with a gun" call and your meal would be interupted but there would be no legal problem.

    He also said that the more tourist like area the bigger chance of getting a complaint. But all would be OK.
    Registration: A prelude to Confiscation and Anarchy.

  5. #19
    Senior Member Array Landric's Avatar
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    Quote Originally Posted by celticredneck View Post
    It gets even sillier. Our Esteemed? Governor has ruled, in his infinite wisdom, that any commonwealth's attorney may carry concealed without a permit in any bar even if it doesn't serve food. And to add to this stupidity, he is allowed to consume alcoholic beverages while carrying. We, on the other hand, as CHP holders, under the current bill, would not be allowed to drink while carrying and would have to notify the ABC manager if we were carrying. Of course, Governor Kane is likely to veto the bill anyhow.

    -The governer didn't, and can't, make such a ruling. The General Assembly amended 18.2-308 to add the Commonwealth's Attorney in each jurisdiction (and I think his or her deputies) to the list of folks in VA who are exempt from the requirement to obtain a CHP to carry concealed. Others included are all LEOs and the harbormaster for the city of Hopewell, among others. The governer signed the bill, he also vetoed the bill that passed last year to allow CHP holders to carry in places where alcohol is sold for on premesis consumption. He is an idiot when it comes to gun rights, but he is not the king and cannot make laws all by himself.

    -There are no bars in Virginia that don't serve food. While those exempted above can legally consume alcohol while carrying, they cannot be impaired while carrying. Its possible that some CAs could have a drink or two while carrying, which sucks. It should be changed. You won't find any LEOs in VA allowed to drink while carrying, on or off-duty, except in some very narrow circumstances related to under cover work due to department policy.
    -Landric

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  6. #20
    Member Array NosaMSirhC's Avatar
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    The bill changing our stupid laws passed the General Assembly last year but our wonder part time Governor/full time DNC Chairman vetoed it.

    I haven't followed too closely this year but I imagine if the clears the General Assembly again DNC Chairman Kaine will once again veto it.

    Hopefully our next governor will be more gun friendly and this ridiculous legislation can be corrected.

    Be Safe
    NosaM

  7. #21
    VIP Member Array NCHornet's Avatar
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    You obey the law and not the officer and I promise you will be better off in the end!! It amazes me how little most cops know about actual gun laws in our state.
    When Seconds Count, The Cops Are Just Minutes Away!!
    Carry On!
    NCHornet

  8. #22
    Senior Member Array Weeg's Avatar
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    It amazes me how many off duty/after duty LEOs go get drunk at their local watering hole, while carrying a firearm...


    Double Standard?

  9. #23
    Member Array Roy McC's Avatar
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    In Virginia a bar that does not serve food, can only sell beer. A restaurant with a Virginia ABC permit to sell alcohol, can sell either if their food sales are 51% of total receipts. CC is not legal in either. All laws are confusing.
    "The Constitution is not an instrument for the government to restrain the people; it is an instrument for the people to restrain the government".
    Patrick Henry

  10. #24
    Senior Member Array Landric's Avatar
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    Quote Originally Posted by Weeg View Post
    It amazes me how many off duty/after duty LEOs go get drunk at their local watering hole, while carrying a firearm...


    Double Standard?
    Its not any more legal for LEOs in NC to carry while drinking than it is anyone else. In fact its more serious for us, not only can we be charged with the same offense as anyone else for doing it, but we can also loose our certification to work as LEOs, and therefore be out of a job as well.

    It might happen in other states, and even might be legal (it probably happens in NC, but its illegal), but I doubt its a huge number in NC. I've never seen it myself, and I wouldn't put up with a fellow officer doing it.
    -Landric

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  11. #25
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    Quote Originally Posted by jofrdo View Post
    He said that that is only enforced in bars and that a lot of officers, him included, would see open carry in a family restaurant as creating a public disturbance.
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^


    If you or anyone you know of is arrested for open carry in a Virginia restaurant, please advise either of both the Virginia Citizens Defense League, Inc. (VCDL) and the OpenCarry.org - A Right Unexercised is a Right Lost!.

    Quote Originally Posted by ccman View Post

    If You let the young serving know You were concealing a firearm, She might freak out.

    OTHO, at a Roanoke Restaurant last night at dinner before the Willie Nelson concert the young lady serving us was totally cool, with open carry.



    Quote Originally Posted by ccman View Post
    So what is it. You can't conceal if the restaurant sell alcohol ?. Applebees You would have to open carry. Wendys would be ok to conceal as they do not sell alcohol.
    Not only that, if you OC there is no law against drinking.

    Go figure.
    Last edited by DaveH; February 18th, 2009 at 12:24 PM. Reason: Merged Posts
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    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  12. #26
    Member Array Tye_Defender's Avatar
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    Quote Originally Posted by DaveH View Post

    Not only that, if you OC there is no law against drinking.

    Go figure.
    For those that are outraged about this, make sure you direct your anger in the correct direction. The outrage should be directed at removing restrictions on CC, as in people should be allowed to carry concealed in an establishment that serves alcohol, but not be intoxicated themselves. The second you try to put one little restriction on OC, like not allowed to carry openly while having a drink, 100 other little restrictions pop up. Or the law of unintended consequences pops up and now you can't open carry within 8 hours of having a drink, since the alcohol could still be in your system.

    Be careful what you ask for, you will probably get it.

    For the record, I don't drink while I am armed. It's a personal choice I have made to show a good example. Consequently, I very seldom drink at restaurants, etc. since I feel it is more important to be armed than to drink. But I don't expect everyone to make that same choice.

  13. #27
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    Quote Originally Posted by Tye_Defender View Post
    For those that are outraged about this, make sure you direct your anger in the correct direction. The outrage should be directed at removing restrictions on CC, as in people should be allowed to carry concealed in an establishment that serves alcohol, but not be intoxicated themselves. The second you try to put one little restriction on OC, like not allowed to carry openly while having a drink, 100 other little restrictions pop up. Or the law of unintended consequences pops up and now you can't open carry within 8 hours of having a drink, since the alcohol could still be in your system.

    Be careful what you ask for, you will probably get it.

    For the record, I don't drink while I am armed. It's a personal choice I have made to show a good example. Consequently, I very seldom drink at restaurants, etc. since I feel it is more important to be armed than to drink. But I don't expect everyone to make that same choice.

    Ditto.

    Didn't imply anything but getting CC restriction removed.

    It's dead this year. Speaker Howell has raised his magic wand and it
    disappeared into thin air in the House, not to be seen again this year.



    But there is always next year.
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    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  14. #28
    Senior Member Array The Fish's Avatar
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    Per DaveH

    "OTHO, at a Roanoke Restaurant last night at dinner before the Willie Nelson concert the young lady serving us was totally cool, with open carry."

    Willie has the ability to create a "zone of coolness"near his concerts.
    " Keep On Packin' On The Bimah"

  15. #29
    VIP Member Array semperfi.45's Avatar
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    Quote Originally Posted by TN_Mike View Post
    Don't listen to him. And don't ask LEO's for advice or their opinions on the law. Ask 10 of them and you will get 10 different answers.
    Cop bashing is fun but quid pro quo...ask 10 CCW holders for advice or opinion and you will get 10 different answers. Not all police or civilians are 100% on all laws.
    Training means learning the rules. Experience means learning the exceptions.

  16. #30
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    Quote Originally Posted by semperfi.45 View Post
    Cop bashing is fun but quid pro quo...ask 10 CCW holders for advice or opinion and you will get 10 different answers. Not all police or civilians are 100% on all laws.
    ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^

    Might even get 11 or 12.

    Give the size of the State Code, the whole Code, that LEO work with, it is little wonder that us folk in the CC & OC community are better versed in that small, very small in comparison, part of the Code that we focus on.
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

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