Concealed Carry While Enjoying a Non-Alcoholic Beer

[omar711]

Carrying concealed and drinking is against the law and to me not responsible, that's a no brainer. I do love to carry but I also love a "good" beer. So what about drinking a non-alcoholic beer while carrying concealed? Serving some time in the Middle East I became accustomed to N/A beer so even though it isn't the same it will do the trick to satisfy me in a fix. That being said, when I go out with family and friends and they have a drink or two I like to be included in the festivities. It would be nice to know that I can have an N/A beer or two so I wouldn't feel so out of place but I am uncomfortable with the specifics of the law. Are there any LEO or lawyers out there that could provide some legal advice on this topic?

 

[Vencil]

The law is different in every state. In Nevada it is ok as long as you stay under 0.10. Yes, that is higher than driving.

 

[NavyLCDR]

Definition of alcoholic beverage:
LIS > Code of Virginia > 4.1-100

"Alcoholic beverages" includes alcohol, spirits, wine, and beer, and any one or more of such varieties containing one-half of one percent or more of alcohol by volume, including mixed alcoholic beverages, and every liquid or solid, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed by a human being. Any liquid or solid containing more than one of the four varieties shall be considered as belonging to that variety which has the higher percentage of alcohol, however obtained, according to the order in which they are set forth in this definition; except that beer may be manufactured to include flavoring materials and other nonbeverage ingredients containing alcohol, as long as no more than 49 percent of the overall alcohol content of the finished product is derived from the addition of flavors and other nonbeverage ingredients containing alcohol for products with an alcohol content of no more than six percent by volume; or, in the case of products with an alcohol content of more than six percent by volume, as long as no more than one and one-half percent of the volume of the finished product consists of alcohol derived from added flavors and other nonbeverage ingredients containing alcohol.

For simplicity...look for the label on the near beer that says "less than 0.5% or 0.5 percent alcohol by volume" and you would be good to go.

This is the Federal labeling requirement for "Non-Alcoholic":
eCFR ? Code of Federal Regulations

27 CFR 7.71:
(e) Non-alcoholic. The term “non-alcoholic” may be used on malt beverages, provided the statement “contains less than 0.5 percent (or .5%) alcohol by volume” appears in direct conjunction with it, in readily legible printing and on a completely contrasting background.

Did that answer your question, even though I am not a lawyer or LEO? Also, be aware, it is never a good idea to ask a LEO for legal advice.

 

[NavyLCDR]

BTW, here is the applicable VA Code:

LIS > Code of Virginia > 18.2-308.012

§ 18.2-308.012. Prohibited conduct.

A. 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 is 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.
B. 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 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.

What I find particularly interesting is the fact that LEO can consume alcohol while carrying a concealed handgun. That sure gives me a warm and fuzzy feeling inside. I see no valid reason at all to exempt them. But, then again, I don't see a valid reason for this law to begin with. We have no such prohibition in Washington and we don't have any problems....

 

[XD40scinNC]

A good non-alcoholic beer does not exit.

It would also been to be 0% ABV, some are 0.2%, technically above the zero tolerance level.

 

[NavyLCDR]

technically above the zero tolerance level.

Exactly what zero tolerance level are you talking about? According to your 0% alcohol volume "zero tolerance level" requirement (which does not exist in the statute, by the way), then a lot of soft-drinks and fruit juices would be "prohibited" as well:

http://www.fda.gov/ICECI/ComplianceManuals/CompliancePolicyGuidanceManual/ucm074430.htm

Beverages such as soft drinks, fruit juices, and certain other flavored beverages which are traditionally perceived by consumers to be "non-alcoholic" could actually contain traces of alcohol (less than 0.5 percent alcohol by volume) derived from the use of flavoring extracts or from natural fermentation.

This post

It would also been to be 0% ABV, some are 0.2%, technically above the zero tolerance level.

makes it sound like you are posting above the zero tolerance level yourself....

 

[Trahanbj]

O'douls "Amber" is not too shabby! Just my 2 cents. Anyways, I think that drinking a n/a beer would be legal but it doesn't seem to be the "wisest" choice. What I mean is that it may appear suspect, and that's enough for the law to give you a hard time should they find out you are armed. Plus, a lot of bars prohibit guns anyways.

 

[whodat2710]

BTW, here is the applicable VA Code:

LIS > Code of Virginia > 18.2-308.012

Well if you actually read the law, what I see is the term "under the influence". You won't be DUI unless your BAC is above .08. My interpretation is that carrying under the influence would be the same. It also says that if you kill someone you must have been drunk (subject to rebuttal which means you can argue your position) The part you highlighted just pertains to going into a bar or restaurant, but does seem to bend the .08 theory.
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I think the part about the LEO is because idiot politicians are under the impression that LEO are the only ones that may be armed 24/7 and they don't want them forbidden by law from having a beer.
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What it all boils down to is VA is open carry, and it is obvious if you are going into one of those establishments armed if you OC. The law specifies "concealed" just to cover their ass if you shoot somebody during a bar fight.