conceal/open carry

[bob steadman]

I know quite a few of you live in States (TX for example) that require you to totally cover your weapon, but on the other side of the coin you have States that have Open & concealed carry. The best of both worlds. If your concealed (and have permit)Link Removed and it's seen your covered by open carry. Basically they cancel each other out. I found this out while out for walk late (3:00 am) one night. I suffer from insomnia. Of course at that late hour I was stopped (Expected) and questioned. I carry in a belt slide holster, so it rides a couple of inches below my jacket. Explained the walk, checked credentials and I went on my way. No muss, no fuss, no hassle. God I love my new home state VIRGINIA!

 

[nogods]

Does that work if you are having a beer with dinner in a restaurant? In other words, can you avoid the prohibition on concealed carry while having a beer with dinner by just exposing your firearm to view? Or is all carry prohibited while having a beer with dinner in a restaurant?

 

[cowboybuckle]

I know most state ccw law allow you to have a beer but they have the same limit as if you where driving a car...

 

[ToddR]

I know most state ccw law allow you to have a beer but they have the same limit as if you where driving a car...

Nope, not in NC. Can't carry anywhere alcohol is sold for consumption on premises and cannot carry with ANY alcohol in system.

 

[Dekul34]

Nope, not in NC. Can't carry anywhere alcohol is sold for consumption on premises and cannot carry with ANY alcohol in system.

AZ law allows carry in restaurants that serve alcohol, but you can't be drinking while carrying. Says nothing about carrying 'after' drinking, but other laws indicate you can't carry while intoxicated (same as dui levels).

Otherwise no problem switching between open/concealed here whenever you like, constitutional carry has its benefits.

 

[apvbguy]

Does that work if you are having a beer with dinner in a restaurant? In other words, can you avoid the prohibition on concealed carry while having a beer with dinner by just exposing your firearm to view? Or is all carry prohibited while having a beer with dinner in a restaurant?

that law was changed in Va a year or 2 ago

 

[nogods]

that law was changed in Va a year or 2 ago

how was it changed? can you now carry concealed or open while having a beer in a restaurant or bar in Va?

 

[nogods]

that law was changed in Va a year or 2 ago

Someone should tell the Virginia State Police about the change:

Virginia State Police - Resident Concealed Handgun Permits


Where Unlawful to Carry
§18.2-308 (J.3.): No person who carries 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; may consume an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor. However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer.
§18.2-308 (O.): Private property when prohibited by the owner of the property, or where posted as prohibited.
§18.2-283: To a place of worship while a meeting for religious purposes is being held at such place, without good and sufficient reason.

 

[UATKP]

Texas says you'd better not drink and carry...

 

[apvbguy]

how was it changed? can you now carry concealed or open while having a beer in a restaurant or bar in Va?

in VA it used to be that you couldn't conceal carry in a bar, you had to OC, now they made it so you can conceal.
there are many states that allow carry in restaurants that serve alcohol and in FLA you can drink as well, just stay away from the area of the bar where the drinks are served, what that means is you can sit at a table in the place but not at the bar itself

 

[apvbguy]

Someone should tell the Virginia State Police about the change:

Virginia State Police - Resident Concealed Handgun Permits


Where Unlawful to Carry
§18.2-308 (J.3.): No person who carries 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; may consume an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor. However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer.
§18.2-308 (O.): Private property when prohibited by the owner of the property, or where posted as prohibited.
§18.2-283: To a place of worship while a meeting for religious purposes is being held at such place, without good and sufficient reason.

I don't know where you dug this info up but it is WRONG

Open this link for more info
Link Removed

 

[nogods]

in VA it used to be that you couldn't conceal carry in a bar, you had to OC, now they made it so you can conceal.
there are many states that allow carry in restaurants that serve alcohol and in FLA you can drink as well, just stay away from the area of the bar where the drinks are served, what that means is you can sit at a table in the place but not at the bar itself

So it is exactly I as asked in my question - nothing was changed - you can't consume a beer with dinner in a restaurant if carrying conceal. Can you avoid the misdemeanor count by exposing your firearm in that situation?

 

[spdracr39]

No you can't drink and carry period. Both examples say the same thing. The second article says you can carry open or concealed but NO Consumption. Besides the fact this is a no brainer. If you had to defend yourself and had .000000001% alcohol in your system your perps family would get everything you own in the lawsuit.

 

[NavyLCDR]

If you had to defend yourself and had .000000001% alcohol in your system your perps family would get everything you own in the lawsuit.

Of course, you have court cases that support your opinion? We'll wait. And the Virginia Statute only prohibits consuming alcohol where carrying a concealed handgun, and does not apply if the handgun is openly carried. The statute specifically states CONCEALED:

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

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

J3. No person who carries 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 may consume an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor. However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer.

So, if you want to have a beer with dinner at Applebees in Virginia, you take off your jacket, expose your firearm, eat dinner and have a beer, leave Applebees, and put your coat on concealing your firearm. All 100% legal, with no court precedence to indicate that a perp's family will get everything you have if someone attempts to carjack you at gunpoint and you shoot them with a beer in your system.

 

[apvbguy]

Of course, you have court cases that support your opinion? We'll wait. And the Virginia Statute only prohibits consuming alcohol where carrying a concealed handgun, and does not apply if the handgun is openly carried. The statute specifically states CONCEALED:

LIS > Code of Virginia > 18.2-308



So, if you want to have a beer with dinner at Applebees in Virginia, you take off your jacket, expose your firearm, eat dinner and have a beer, leave Applebees, and put your coat on concealing your firearm. All 100% legal, with no court precedence to indicate that a perp's family will get everything you have if someone attempts to carjack you at gunpoint and you shoot them with a beer in your system.

to repeat the law was changed in 2010, there is no need to expose your weapon while enjoying a cold one in VA

 

[NavyLCDR]

to repeat the law was changed in 2010, there is no need to expose your weapon while enjoying a cold one in VA

Wrong. The code that I posted IS the CURRENT law.

As of April 21, 2010 the law still read:
Bill Tracking - 2010 session > Legislation

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

H 1552 passed March 18, 2011 amended the law to what it currently reads, which is exactly what I posted:

Bill Tracking - 2011 session > Legislation

J3. No person who carries 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 may consume an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor. However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer.

The last amendment to the law was H 771 approved on April 18, 2012 which left the section intact:

J3. No person who carries 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 may consume an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor. However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer.

So there is absolutely a need to expose your weapon while enjoying a cold one in VA, it is still against the law to consume alcohol while carrying a concealed firearm in a restaurant in VA. There is no longer a need to expose the weapon just to ENTER the establishment, like there was before. Only Law Enforcement Officers in VA can consume alcohol in restaurants with concealed firearms.

 

[apvbguy]

Wrong. The code that I posted IS the CURRENT law.

As of April 21, 2010 the law still read:
Bill Tracking - 2010 session > Legislation





H 1552 passed March 18, 2011 amended the law to what it currently reads, which is exactly what I posted:

Bill Tracking - 2011 session > Legislation



The last amendment to the law was H 771 approved on April 18, 2012 which left the section intact:



So there is absolutely a need to expose your weapon while enjoying a cold one in VA, it is still against the law to consume alcohol while carrying a concealed firearm in a restaurant in VA. There is no longer a need to expose the weapon just to ENTER the establishment, like there was before. Only Law Enforcement Officers in VA can consume alcohol in restaurants with concealed firearms.

thank you for your clarification

 

[bob steadman]

In VA it's ok to drink with your dinner (in actual restaurant not a bar), but obviously use common since. Alcohol does not mix well with driving or firearms.

 

[Gallstones]

Nope, not in NC. Can't carry anywhere alcohol is sold for consumption on premises and cannot carry with ANY alcohol in system.

Same in Montana, although there is a Bill that just went to the House for vote that would open carry into establishments that serve alcohol. One could still not imbibe while carrying though.

 

[Sir Diealotz]

Does that work if you are having a beer with dinner in a restaurant? In other words, can you avoid the prohibition on concealed carry while having a beer with dinner by just exposing your firearm to view? Or is all carry prohibited while having a beer with dinner in a restaurant?

Picture a dead horse being beaten