Va. Law question

R

rwilson452

New member
I have looked but cannot find the answer to a question. I know my License to carry from my home state of PA is good in VA. the one thing I can't get straight is I was told a long time ago that it was illegal to carry consealed in a bar but was legal to open carry in a bar. Since that time the law may have changed one way or the other. Can someone please set me straight on this manner?
 
There is a smartphone app called CCW - concealed carry in 50 states. It has all the info anyone might want. There are probably other apps and websites with this information. It took me about 30 secs after I started the app to find the info.

First off, VA has reciprocity with every state except Vermont, probably for lack of permits.

The answer to your question is a yes with an asterisk. You can carry in a restaurant, but it's a class 2 misdemeanor to consume alcohol while carrying in the restaurant. This is according to law 18.2-308.
 
New VA Gun Law Allows “Guns In Bars”

August 5, 2010


Legislation that took effect this week, known as the “guns in bars” measure now allows Virginians to carry their firearms into bars as long as they aren’t drinking. Just one in many gun laws taking effect across the country, this one has almost made it on the books several times before only to be vetoed.


Governor Mc Donnell made it official after his predecessor had stopped the measure in its tracks twice before. According to the Washington Post, former Governor Timothy Kaine, a Democrat, vetoed the “guns in bars” measure two times in the wake of the Virginia Tech massacre of 2007.

Now, however, Virginians can carry their weapons with them, even in to bars and restaurants, as long as they aren’t drinking.
 
My understanding is the "okay to carry but not drink" in VA bars only applies to concealed carry. Open carry in a bar is legal without drinking restrictions, except that it is still illegal to carry open or concealed when intoxicated.
 
".....carry while concealled."

MI has a concealled carry law and alcohol--limit is 0.02 for carrying. o.08 for driving... Guns are much more dangerous than motor vehicles. Unfortunately daily practice dont reflect that...
 
It never hurts to read the actual law:

§ 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. (Effective until January 15, 2018) 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.

B. (Effective January 15, 2018) 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 Authority 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.

2013, c. 746; 2015, cc. 38, 730.
Click to expand...

I think I'm reading-impaired. Section B switches as of January 15, 2018. I've read both the old and new sections multiple times and I don't see any difference. What am I missing?

{Edit} Found it. The Virginia Alcoholic Beverage Control changed from "Board" to "Authority." The substantive part of the law remains the same.
 
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So it seems what I heard is correct. You can't carry concealed but you can open carry. I think they did an oops when they wrote it.
 
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