VA Gun Rights Pamphlet Updated Again

[mobeewan]

Apparently you missed the whole stink regarding the AG's opinion (essentially confirmed the point you were "under the impression of"), and the swift reaction by some of those schools to change their prohibition from "policy" to "regulation".

In Virginia, the regulations published in the Administrative Code of Virginia do have the force of law. So your impression is no longer accurate for those schools which have gone through the process.

As Peter Nap mentioned for the church carry. The law has not changed. The AG's opinion might help you if you are arrested, charged and tried, but an opinion won't stop that from happening. It is not particularly uncommon to modify laws to reflect AG opinions, I agree wholeheartedly, this one would be a very good candidate for that. First choice, just eliminate that particular section altogether. Second choice clarify that self defense is a good and sufficient reason.

TFred

Maybe it should be brought up on lobby day that since the SCOTUS fabricated the "separation of church and state" clause of the US Constitution and the libs are always running around screaming about separation of church and state, the church carry law should be repealed entirely since the state has no business in telling the church who can do what in a church. Let the congregation decide.

 

[2a4all]

This (the bold part) is true, but the actual wording of the statute "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..."precludes switching from CC to OC while on the premises and then drinking. Perhaps the wording could be "The concealed carry of a handgun into a restaurant or club prohibits you from consuming alcohol while on such premises..."

The section of code is a mess. What you say is true, but the opposite has been the subject of much debate: what if you OC as you enter the establishment, then as soon as you are inside the door, you CC? Technically the code does not address that.

The whole thing needs to be rewritten from scratch.

TFred

True, but since the statute only addresses concealed carry, modifying it to address these circumstances would effectively put an "open carry law" on the books.

Peter nap is right. Repeal the entire clause, or at least restate it to say "No drinking while carrying, period."

 

[Grapeshot]

--snip--
Peter nap is right. Repeal the entire clause, or at least restate it to say "No drinking while carrying, period."

Don't like a different set of laws for one class of people. If no alcohol (zero tolerance) then that must apply to all equally: commonwealth attorneys, LEOs, et al. Still would view that very unfavorably.

Have never been confused for Mr. Nap before. He is the handsome young video photographer - I am neither. :lol:

 

[TFred]

Maybe it should be brought up on lobby day that since the SCOTUS fabricated the "separation of church and state" clause of the US Constitution and the libs are always running around screaming about separation of church and state, the church carry law should be repealed entirely since the state has no business in telling the church who can do what in a church. Let the congregation decide.

Lobby Day is way too late to be asking. We need to have a bill filed in December, so that we can LOBBY for it on Lobby Day.

I hope the VCDL decides to pick this one up and find a sponsor.

TFred

ETA: This is the short session year, however, so each legislator is limited in the number of bills they can introduce. It may be difficult to find someone to sponsor it. Some feel that the AG's opinion makes it not worth the effort, even though most of us would probably disagree.

 

[nuc65]

The part about CC or OC in a bar or restaurant is wrong you can carry as long as you don't drink.:question:

The prohibition on CC exists, but if you OC there is nothing in the law about drinking. Although, I cannot find the cite for carrying under the influence.

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

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.


§ 18.2-285. Hunting with firearms while under influence of intoxicant or narcotic drug; penalty.


§ 19.2-123. Release of accused on secured or unsecured bond or promise to appear; conditions of release.

3a. Require that the person do any or all of the following: (i) maintain employment or, if unemployed, actively seek employment; (ii) maintain or commence an educational program; (iii) avoid all contact with an alleged victim of the crime and with any potential witness who may testify concerning the offense; (iv) comply with a specified curfew; (v) refrain from possessing a firearm, destructive device, or other dangerous weapon; (vi) refrain from excessive use of alcohol, or use of any illegal drug or any controlled substance not prescribed by a health care provider; and (vii) submit to testing for drugs and alcohol until the final disposition of his case;

 

[Hankypanky]

Thank you

Actually it is correct the way it is worded: "It is unlawful to drink alcohol while carrying concealed in a restaurant or club. (§18.2-308.J3)"

What remains is that it is legal (no law against it) to OC and have an adult beverage - not my recommendation, but perfectly legal.

Also there are no bars in Virginia - establishments devoted solely/primarily to alcohol sales.

Liquor by the drink is sold in restaurants who must meet the standards for food sales per ABC laws.
http://www.abc.virginia.gov/newsletter/pdf/LicSprSum2009.pdf

Thank you Grapeshot......

 

[Hankypanky]

Roscoe

It's only illegal to drink in a bar/restaurant while CC, not while OC...

Roscoe

I've OC'D In applebees, Tgif, I know there not primarily bars but theres one called The Horseshoe which I OC'D in a couple times maybe no one was paying attention though. But I don't drink anymore so no worry, there getting a bite to eat was all. But thanks Roscoe

 

[Hankypanky]

Thanks Everyone

I appreciate all the feedback on the forum trust me I take no criticism from anyone I just don't want to end up in any trouble. As you all have said the way the laws are wrote they can be tricky.


Thanks again

 

[Grapeshot]

I appreciate all the feedback on the forum trust me I take no criticism from anyone I just don't want to end up in any trouble. As you all have said the way the laws are wrote they can be tricky.


Thanks again

Believe me there was no intent to make it personal - we strive to deal in the facts and encourage everyone to read the laws for themselves.. Hope we helped your understanding and that perhaps you'll stay with us, learn, grow and get to know us better. Hellova good group here.