[varob]

To the OP. You sound well versed on the current and possible future laws in Va.


I'm curious, what would you have done had the server refused to serve you?

I'm not judging. Just would like to know how you would have handled it?

 

[jofrdo]

Varob;
If the waiter had refused, I would have asked to speak to the manager; I've been served there plenty of times while OCing. If the manager refused to serve me, then I wouldn't be going back there in the future.

Agave;
We go out for dinner after services every Shabbat. Why? Because we're hungry primarily but also because we're all friends and it helps to separate the peace and restfulness of Shabbat from the crazy rush of the work week.

 

[Anubis]

...a discussion of your state's laws regarding carrying in restaurants...

Colorado has few statutory no-carry zones. Bars and alcohol-serving restaurants are not on the list, so we may carry into any restaurant. Of course it is illegal to carry while inebriated here.

I never enter bars and never drink over-priced alcohol in a restaurant anyway; I find it very convenient to not need to check whether alcohol is served when I enter a place, or switch to open carry like many Virginians choose to do.

 

[GM]

I'd rather this be a discussion of your state's laws regarding carrying in restaurants or your experiences while so doing.

O.K....
FL is very unique when it comes to alcohol and guns.
First, bars are off limits while CCW...period!
But, I like the but's, one can enter restaurants and actually have a meal with a drink and be armed.
One cannot, however, sit in the bar portion of that same restaurant (Applebee's, or Outback's, etc.) and have a burger without having a drink...strange, but true.
We can pretty much go everywhere to eat while armed...I don't do regular bars anyway. The FL laws are fine with me.:comeandgetsome::danceban:

Yup, it might sound a little weird, but that it is way it is. In any case, I think that I can live with that. :smile:

 

[gasmitty]

Heh. The question is why did you go to a restaurant on Sabbath?

Maybe he didn't have a "shabbos goy" to light the stove?

 

[gasmitty]

In AZ, we've only been able to carry into restaurants that serve alcohol since September of '09, and only with a valid CCW permit, and only concealed, and only if we don't drink, and only if the establishment doesn't post against us -- which is, I am sad to say, quite common, because I haven't yet gone to a restaurant that does not have the official gunbusters sign posted at the entrance.

I have yet to find a restaurant posted in Chandler or Gilbert... or in the Biltmore area in Phoenix. Mill Avenue in Tempe is basically off limits, but if you're a Wildcat I can't imagine you would voluntarily choose to spend any time there!

 

[LLT]

Seems maybe you're not as well versed as you think:

Any person granted a concealed handgun permit who is under the influence of alcohol or illegal drugs while carrying such weapon in a public place shall be guilty of a Class 1 misdemeanor.

Sorry - I know you asked not to hear it, but you don't get to pick and choose responses on a public forum. Alcohol + guns is a bad idea.

 

[BugDude]

Seems maybe you're not as well versed as you think:



Sorry - I know you asked not to hear it, but you don't get to pick and choose responses on a public forum. Alcohol + guns is a bad idea.

That's the law I was referring to in my post. I didn't have a quote or code reference, but my friend got a copy from his lawyer and had shown it to me. Thanks for the quote on it.

 

[DaveH]

Sorry - I know you asked not to hear it, but you don't get to pick and choose responses on a public forum. Alcohol + guns is a bad idea.

Do a little search on this issue (here and elsewhere) and Virginia law as applied.

"Under the influence of alcohol" is not the opposite of total tea-totaling. :bier:

Question: Has anyone a citation of any case in Virginia where § 18.2-308. J1

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. [emphasis added]

has been successfully applied other than the enumerated situations or when blood or breath test would have been prima facie evidence of being "under the influence"?

 

[monk]

Hard to miss. It was a separate paragraph in a very short post.

Besides, I think his gun actually was "put away". (In your hand = not put away. In your holster = put away).

Took the words right out of my post:congrats::congrats: If your going to drink leave the gun in the holster.

 

[BugDude]

Do a little search on this issue (here and elsewhere) and Virginia law as applied.

"Under the influence of alcohol" is not the opposite of total tea-totaling. :bier:

Please help me understand what you are saying in reference to how the law has been applied. Thanks.

 

[DaveH]

Please help me understand what you are saying in reference to how the law has been applied. Thanks.

As it is hard to prove a negative, I have added a question to post # 29.

Ever case I have heard of was following conviction of one of the listed (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).

It has been sort of a "Oh by the way" follow-on, second-shoe-falling action -- not an initial charge unrelated to other "No-Nos."

As alway, there may be something I have missed and I am forever learning something from this forum and a few other sites & list- serves.

 

[monk]

Heh. The question is why did you go to a restaurant on Sabbath?

I'm seeing a difference in the Sabbath you're referring to, and what the OP was referring to
IE;

Shabbat (Hebrew: שַׁבָּת, Modern shabat Tiberian šabbāθ, Ashkenazi pronunciation: shabbos, Yiddish: shabes, "rest" or "cessation") is the seventh day of the Jewish week and a day of rest in Judaism. Shabbat is observed from sundown Friday until the appearance of three stars in the sky on Saturday night. The exact time, therefore, differs from week to week and from place to place, depending on the time of sunset at each location. In polar areas where there is no sunrise or sunset at certian points of the year, a different set of rules apply.

Shabbat recalls the Biblical Creation account in Genesis, describing God creating the Heavens and the Earth in six days, and resting on and sanctifying the seventh (Genesis 1:1-2:3).

Shabbat is considered a festive day, when a person is freed from the regular labors of everyday life, can contemplate the spiritual aspects of life, and can spend time with family. Traditionally, on that day three festive meals are eaten — on Shabbat-eve, at lunch, and as an end-of-Shabbat evening meal. The day is also noted for those activities which are prohibited on Shabbat prescribed by Rabbinic Judaism, but not all Jews follow these categories, and Karaite Judaism has its own traditions.

 

[cbigclarke]

i dont drink, so i have no idea

 

[J400Cali]

Heh. The question is why did you go to a restaurant on Sabbath?

I was wondering that too :rofl:

By the way, I know you don't want to hear it but for real......drinking alcohol and having a gun accessible is generally not a good idea. We get on people's case for operating a vehicle while drinking.....just saying. No judging here just food for thought.

 

[BugDude]

As it is hard to prove a negative, I have added a question to post # 29.

Ever case I have heard of was following conviction of one of the listed (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).

It has been sort of a "Oh by the way" follow-on, second-shoe-falling action -- not an initial charge unrelated to other "No-Nos."

As alway, there may be something I have missed and I am forever learning something from this forum and a few other sites & list- serves.

Thanks for the info. The way the law is written, there's nothig stopping an LEO from arresting for this as a primary charge without any of the other violations since the law does not objectively define under the influence. Perhaps a good lawyer could get it dropped based on applications of the law, but it is still a bunch of hassle. Since there is a law on the books, it's probably not a good idea to test the waters. There's always a first case in all case law.

 

[Alf87]

Here in Colorado, we can conceal/open carry into any establishment that serves alcohol as long as we are not consuming any alcoholic beverage. Our state statutes dont limit us from CC in many places at all. The big things to remember here is that you cant go into a place armed if there is physical security and electronic screening equipment, no court houses and you must lock your firearm in your vehicle if you are on K-12 school grounds. As for OC, it is legal but definetly not advised in places like the Federal Republic of Boulder or Denver.

 

[lordhamster]

You are lucky you can carry into restaurants that serve. Here in Ohio we can't...which pretty much takes away the point of CC for me. The times when I'd really like to be able to CC are when I go out to a restaurant in downtown Cleveland or other areas that have a history of violent crime. Damn near every restaurant I go to has a liquor license and is thus off-limits.

I'd be ok with not drinking while CCing. Or not CCing into a restaurant at the business owner's request, but not being able to CC in these places as a matter of law is very annoying.