Va. OC in Bars Question

Zsnake · August 25th, 2009, 09:06 PM

I hope that this isn't a repeat...I searched the site and did not find anything.

I met a friend at his Moose Hall for a beer today. I was OC at the time and not sure how this would be recieved so I locked it up before I went in. I still had the holster on, however. A man at the bar told me that it eas a good thing that I did not have the pistol with me as in Virginia the law says that YES I can OC, but that if I have a beer or other adult beverage, I am in violation of the law.

This was a new one on me.

I went to a few Va. sites to check it out, but could find nothing addressing this.

Anybody know for sure???????

Thanks in advance!

archer51 · August 25th, 2009, 11:31 PM

From the VSP website:

Quote:

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.

The limit in VA is .08. If your only having 1 beer I doubt it would put you over the limit, but there are many factors that can influence that. Better safe than sorry.

Landric · August 26th, 2009, 01:36 AM

I haven't worked in Virginia for several years now, but IIRC there is no law in Virginia that prohibits open carry while drinking, under the influence, etc. That doesn't, of course, make it a good idea.

SIGP250 · August 26th, 2009, 02:30 AM

Quote:

Originally Posted by Zsnake

I hope that this isn't a repeat...I searched the site and did not find anything.

I met a friend at his Moose Hall for a beer today. I was OC at the time and not sure how this would be recieved so I locked it up before I went in. I still had the holster on, however. A man at the bar told me that it eas a good thing that I did not have the pistol with me as in Virginia the law says that YES I can OC, but that if I have a beer or other adult beverage, I am in violation of the law.

This was a new one on me.

I went to a few Va. sites to check it out, but could find nothing addressing this.

Anybody know for sure???????

Thanks in advance!

See This:

OpenCarry.org - State Information For Virginia

Zsnake · August 26th, 2009, 09:09 AM

Thanks folks!

jofrdo · August 28th, 2009, 12:18 AM

Don't trust strangers at bars for legal advice, trust strangers on the online forum. In Virginia, it is illegal to carry concealed, even if you have a CHP, into any establishment that serves alcohol by the single drink for on-premises consumption, and it doesn't matter if you drink or not. There is no law prohibitting open carry into such an establishment, and also no law prohibiting the consumption of alcohol while open carrying in such an establishment. There is a prohibition against being intoxicated while carrying a firearm, so drink a minimal amount.

Red82 · August 28th, 2009, 02:17 AM

Quote:

Originally Posted by jofrdo

Don't trust strangers at bars for legal advice, trust strangers on the online forum. In Virginia, it is illegal to carry concealed, even if you have a CHP, into any establishment that serves alcohol by the single drink for on-premises consumption, and it doesn't matter if you drink or not. There is no law prohibitting open carry into such an establishment, and also no law prohibiting the consumption of alcohol while open carrying in such an establishment. There is a prohibition against being intoxicated while carrying a firearm, so drink a minimal amount.

QFT

and by the way we're neighbors!

Trouble · August 28th, 2009, 02:18 AM

Quote:

Originally Posted by jofrdo

Don't trust strangers at bars for legal advice, trust strangers on the online forum.

That's pretty funny.... I'll have to print this out and have it handy should I ever have to go before a judge.....

varob · August 28th, 2009, 02:25 AM

Just remember to do the Va tuck when entering an ABC on business.

DaveH · August 28th, 2009, 12:08 PM

Quote:

Originally Posted by archer51

From the VSP website:

The limit in VA is .08. If your only having 1 beer I doubt it would put you over the limit, but there are many factors that can influence that. Better safe than sorry.

I agree with "better safe than sorry."

However, IMHO, the opertive word is "such" -- i.e., CC not OC.

I would not want to have to defend myself but I do not think 0.08 would be a offence while OCing.

§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.

Quote:

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.

August 25th, 2009, 09:06 PM	#1
Zsnake Member Join Date: Feb 2007 Location: Northern Virginia Posts: 223	Va. OC in Bars Question I hope that this isn't a repeat...I searched the site and did not find anything. I met a friend at his Moose Hall for a beer today. I was OC at the time and not sure how this would be recieved so I locked it up before I went in. I still had the holster on, however. A man at the bar told me that it eas a good thing that I did not have the pistol with me as in Virginia the law says that YES I can OC, but that if I have a beer or other adult beverage, I am in violation of the law. This was a new one on me. I went to a few Va. sites to check it out, but could find nothing addressing this. Anybody know for sure??????? Thanks in advance!

August 26th, 2009, 01:36 AM	#3
Landric Member Join Date: Oct 2008 Location: North Carolina Posts: 430	I haven't worked in Virginia for several years now, but IIRC there is no law in Virginia that prohibits open carry while drinking, under the influence, etc. That doesn't, of course, make it a good idea. __________________ -Landric "The Engine could still smile...it seemed to scare them" -Felix

August 28th, 2009, 02:25 AM	#9
varob Distinguished Member Join Date: Jun 2009 Location: Virginia Posts: 1,273	Just remember to do the Va tuck when entering an ABC on business. __________________ Don't believe what you hear and only half of what you see! -Tony Soprano

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

August 26th, 2009, 09:09 AM	#5
Zsnake Member Join Date: Feb 2007 Location: Northern Virginia Posts: 223	Thanks folks!

August 28th, 2009, 12:18 AM	#6
jofrdo Senior Member Join Date: Jul 2006 Location: Chesapeake, Virginia Posts: 646	Don't trust strangers at bars for legal advice, trust strangers on the online forum. In Virginia, it is illegal to carry concealed, even if you have a CHP, into any establishment that serves alcohol by the single drink for on-premises consumption, and it doesn't matter if you drink or not. There is no law prohibitting open carry into such an establishment, and also no law prohibiting the consumption of alcohol while open carrying in such an establishment. There is a prohibition against being intoxicated while carrying a firearm, so drink a minimal amount.