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Alamo Drafthouse (Winchester)

cyras21

Regular Member
Joined
Apr 5, 2007
Messages
152
Location
Stepehens City, VA
The Alamo Drafthouse off of I-81 exit 310 just went open carry only. I'm not sure when, haven't seen them before, but they have signs posted no concealed carry. Might be a good venue for an open carry event.

For those of you wondering what the Alamo Drafthouse is, it's a movie theater that serves food and alcohol while you watch the movie.
 

cptstoney

Regular Member
Joined
Jun 4, 2012
Messages
75
Location
fairfax
state law requires you to open carry in an establishment that sells booze for onsite consumption (ie resturant or bar).
 

nuc65

Activist Member
Joined
Nov 22, 2009
Messages
1,121
Location
Lynchburg, Virginia, USA
Let me help with a cite which was missing from the above the law is this, no it isn't we fixed it... so here:

18.2 308
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.
 

boutaswell

Regular Member
Joined
Jun 25, 2012
Messages
13
Location
Martinsburg, WV
Let me help with a cite which was missing from the above the law is this, no it isn't we fixed it... so here:

18.2 308
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.

Ok, let me clarify for my own piece of mind. I live across the line in Martinsburg and quite often go down to Winchester for a bite to eat or shopping..what have you. So, if I go to Olive Garden as I am frequently wont to do but do not consume adult beverages, I can remain CC, is that correct? However, if I desired to do so and consume an adult beverage while at Olive Garden, then I would have to tuck my shirt behind my gun thus making it fully in the open? BTW, like driving, I don't drink and carry either.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
Ok, let me clarify for my own piece of mind. I live across the line in Martinsburg and quite often go down to Winchester for a bite to eat or shopping..what have you. So, if I go to Olive Garden as I am frequently wont to do but do not consume adult beverages, I can remain CC, is that correct? However, if I desired to do so and consume an adult beverage while at Olive Garden, then I would have to tuck my shirt behind my gun thus making it fully in the open? BTW, like driving, I don't drink and carry either.

That is correct!
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
All seriousness aside... it's a completely legitimate area to be confused about, because in the two years it's been fixed there haven't been any drunken brawl-type shoot-outs in the "Olive Gardens" of the state. No news reports obviously means the law still forbids CC in a restaurant.

:rolleyes:

TFred
 

Adenosine

Regular Member
Joined
Dec 8, 2011
Messages
13
Location
VA
Just to clarify
  • You can OC at the Alamo, but out of respect (or law?), you cannot CCW?
  • Secondly, in VA, if you CCW into a private business such as the Alamo that asks for no CCW, and are found out, what is the legal consequence?
Thank you!
 

SouthernBoy

Regular Member
Joined
May 12, 2007
Messages
5,837
Location
Western Prince William County, Virginia, USA
Just to clarify
  • You can OC at the Alamo, but out of respect (or law?), you cannot CCW?
  • Secondly, in VA, if you CCW into a private business such as the Alamo that asks for no CCW, and are found out, what is the legal consequence?
Thank you!

"Secondly, in VA, if you CCW into a private business such as the Alamo that asks for no CCW, and are found out, what is the legal consequence?"

None, unless you are asked to leave and refuse to do so, causing the manager or proprietor to summon the police to charge you with trespassing.

For example, suppose one of you neighbors was a jeweler and had a No Guns sign posted which you ignored and entered anyway. He, seeing it was you, told you, "That's alright, don't let the sign bother you. You can come on in".
His choice because he owns the business.
 

Adenosine

Regular Member
Joined
Dec 8, 2011
Messages
13
Location
VA
That's what I thought, the law just states:
"O. The granting of a concealed handgun permit shall not thereby authorize the possession of any handgun or other weapon on property or in places where such possession is otherwise prohibited by law or is prohibited by the owner of private property. " - End of story.
 
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