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Open carry in restaurant that has bar

Nicholas A.

Regular Member
Joined
Sep 2, 2012
Messages
64
Location
MD
I seem to have forgotten, or am thinking of another state or the like, but is it open carry is allowed in a restaurant/bar and the concealed carry is not allowed or are both allowed and I'm just over thinking things. I'm fairly sure that open carry is allowed but figured I'd ask just to double to check on it.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
I seem to have forgotten, or am thinking of another state or the like, but is it open carry is allowed in a restaurant/bar and the concealed carry is not allowed or are both allowed and I'm just over thinking things. I'm fairly sure that open carry is allowed but figured I'd ask just to double to check on it.

Both are allowed but you can't drink if you're CCing and can drink (but it's strongly discouraged) if you OC.
AND...there are no bars in Virginia. Might be some over the line in NOVA though:p
 

architect

Regular Member
Joined
Mar 19, 2008
Messages
392
Location
Falls Church, Virginia, USA
First of all, "bars," "saloons," etc. are prohibited in the Commonwealth. Even though it looks like a bar, it is actually just a room in a restaurant that has an on-premises liquor license.

In restaurants, open carry is encouraged:

- not prohibited
- no permit required
- no prohibition on alcohol consumption

contrast concealed carry:

- not prohibited
- permit required
- consumption prohibited

There are exceptions in both situation (e.g. cops are allowed to drink while concealing).

Many here would say consumption is not advised while carrying. Guys, please, please do not start this one up again.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
The Commonwealth of Virginia addresses concealed carry and the restriction on drinking in restaurants in § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry; penalty.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

OC is not specifically addressed; therefore the absence of that is what makes OC legal and w/o the restriction.

Nicholas, that was a priority bill of VCDL which took several years to pass. If you've read about my ranting about P4P, this was a case of correcting reverse P4P.

OCers have always been able to carry in Restaurants that serve drinks because they weren't prohibited from it. CHP holders had to open carry to be legal. This necessitated an interesting thing called the Virginia tuck where the person would just pull his jacket up and tuck it behind his gun.

This bill just created parity between the two forms of carry.
 

Nicholas A.

Regular Member
Joined
Sep 2, 2012
Messages
64
Location
MD
Very good information as always and thank you for the exact details and the links to the exact wording of the laws
 
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