Restaurant Ban


longwatch

New member
As Virginia has a ban on CCW in a restaurant that serves alcohol, I was wondering what others in this forum do in that situation? Since only concealment is illegal and open carry is not I choose to OC. But does anyone leave their gun at home, in their car, only eat at non ABC restaurants, etc?
 

Torch

New member
I'm not sure about OC specifics but can't you enter the restaurant concealed and once seated in a private location pull your jacket/shirt back to slightly expose your weapon and comply with the OC requirement?
 

longwatch

New member
I'm pretty sure thats not legal. Here is what 18.2-308 J3 (the Restaurant Ban) says:
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 by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of Virginia; however, nothing herein shall prohibit any sworn law-enforcement officer from carrying a concealed handgun on the premises of such restaurant or club or any owner or event sponsor or his employees from carrying a concealed handgun while on duty at such restaurant or club if such person has a concealed handgun permit.
So IMHO to avoid a Class 1 misdemeanor I expose my pistol before going onto such premises. IANAL and YMMV
 

xd.40

XD.40
I have left my piece in my truck before if I don't want to deal with the stares, but I also know the quickest way out of that place too if I needed to get to it. Otherwise I just move my shirt so that I am openly carrying it. That is the strange thing about VA - you can open carry at 18, but have to be 21 to conceal carry. The fact that people might be intoxicated (if it is a bar) makes me WANT to conceal carry to make sure I don't have some drunk person come over to me and try to mess with me because he has liquid courage. I just usually openly carry, and if the restaurant doesn't know the laws of the land, I (along with quite a few other Virginians) post the business name here: Link Removed
 

PA_SIGpacker

New member
So clarify this for me (I'm a non-res), while I'm driving through VA and stop to eat, I must ensure my firearm is not concealed if the restaurant serves alcohol? I've read the VA statutes and that's what I inferred but is this common practice and would I get hassled?
 

longwatch

New member
You might get hassled, but very unlikely. Mostly a nonevent. I OC at restaurants a couple times a week, only once in the 3 years that I've been doing it was there a problem.
 

HK4U

New member
Here in Texas you can not carry your weapon if the restaurant derives 51% or more of there income from the sale of alcohol. They have to have a sign posted to notify you that they do. Anything less than 51% it is o.k. to carry. I make it a general rule not to go anywhere that I am not allowed to carry.
 

xd.40

XD.40
In Virginia, if the establishment has a license from the ABC, you cannot concealed carry. You are however, allowed to openly carry.
 

Rogueone

New member
hopefully this week it may get repealed. The latest VCDL update mentioned the house bill cleared commitee and is going to the House floor for vote this week. The big question is, what happens if the Senate passes it's version as well, since the Senate version includes that squirely admendment that we would have to inform the establishment we are carrying concealed?? If both pass, do they end up in some committee that figures out how the differences are ironed out?
 

SouldustPro

New member
Hi friends-
I am a Georgia resident and have my Georgia CCW. I also travel to Virginia regularly and have a Virginia Non-Resident CCW permit. Here in Georgia, we have a similar law, but if you're having dinner at a Chili's or Applebee's, for example, and you are sitting on the restaurant side rather than the bar side and not drinking alcohol, chances are good that you won't be hassled. I try to sit with my strongside facing a wall but still covered up. What would happen if robbers came in while you're having dinner and started shooting? I agree with HK4U that I typically only go where I can carry. Do I understand correctly from you guys that if I'm carrying concealed and eating in a Chili's I am in violation of the law? It seems that open carry would create a bigger issue.
 
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Rogueone

New member
correct, in VA, any place with an ABC to "serve" alcohol for onsite consumption, you are required to carry open. I do it at some buffets (usually Chinese) and other places, and so far haven't had any issues, just had a worker question me and my friend as to why we were open carrying (of course they have no idea it's the law haha) and i had one patron at a buffet complain but i was like, oh well, sorry you don't want you child to see a responsible citizen being responsible :)
 

Slacker

New member
Do I understand correctly from you guys that if I'm carrying concealed and eating in a Chili's I am in violation of the law? It seems that open carry would create a bigger issue.

Thats whats so weird about Virginia. The more in-your-face method of carrying is preferred over the out-of-sight method. But then again little in the gun control agenda makes sense.
 

340mopar

.45 Randall 1911/Glock 21
where can I find backing to carry open in VA?
as I am out of state I like to make sure and be prepared...

I can find all concealed info but yet to find anything for Open carry.
 

NDS

New member
It would be nice if all states would agree with Nevada on this one; I hate having to remember to check whether a place serves alcohol or not when I'm out of state.
 

ToneGrail

New member
Thats whats so weird about Virginia. The more in-your-face method of carrying is preferred over the out-of-sight method. But then again little in the gun control agenda makes sense.

I think the intent of the law was to be able to instantly alert restaurant owners that someone is packing to give the staff the opportunity to tell the permit holder to either leave the premises or put the gun in the car. I think it was intended to discourage restaurant carry because of this.
 

Fallguy

Citizen
I could be wrong, but what I think it is...You can OC in Virgina without a permit and places that serve alcohol were just never listed as an off-limits place. Then when VA passed the CCW law, they added places that serve alcohol to the list of off-limits places with a CCW. Sort of either forgetting about or ignoring that it was still legal to OC there.

Just like some states (not sure if VA is one or not) where OC is legal without a permit, you can OC at 18, but you have to be 21 to get a CCW.

Personally I think all 50 states should just go with the VT method...no permit at all for OC or CC.
 

340mopar

.45 Randall 1911/Glock 21
been there done it ... open and concealed, not a second look in my direction .... nice State.
 

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