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Thread: Another newbe question

  1. #1
    Regular Member JohnM15A's Avatar
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    Another newbe question

    Don't know how many newbe questions I can have before a smackdown but here it goes.

    I have read where folks going into a restaurant will switch from CC to OC but have only read in the laws that you cannot carry (CC or OC) and drink alcohol beverages (duh!). Is one not allowed to be CC in a restaurant?

  2. #2
    Regular Member HearseGuy's Avatar
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    If im not mistaken....

    You can not CC in a place that serves alcohol and consume alcohol.

    You can OC in a place that serves alcohol (e.g. any restaurant providing the door is no posted with a no firearms sign)

    You can consume alcoholic beverages while OCing if you choose.
    Last edited by HearseGuy; 03-11-2013 at 08:29 PM.
    Additional text for your reading pleasure...

  3. #3
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by JohnM15A View Post
    Don't know how many newbe questions I can have before a smackdown but here it goes.

    I have read where folks going into a restaurant will switch from CC to OC but have only read in the laws that you cannot carry (CC or OC) and drink alcohol beverages (duh!). Is one not allowed to be CC in a restaurant?
    That's an old tactic called the Virginia Tuck and was used before cc was legal in places that served alcohol.

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    Correction

    I think they changed the law a couple of years back. You can CC into a place that sells alcohol but you cannot drink. You can OC into there as well and drink, though few here recommend doing it.

  5. #5
    Regular Member Numenor's Avatar
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    Incorrect. You can OC or CC into a place serving alcohol (assuming of course the place hasn't posted a "no guns" sign). However, if you wish to consume alcohol you MUST OC. On my phone atm or I would give cites.

  6. #6
    Regular Member 2a4all's Avatar
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    Quote Originally Posted by HearseGuy View Post
    If im not mistaken....

    You can not CC in a place that serves alcohol and consume alcohol.

    You can OC in a place that serves alcohol (e.g. any restaurant providing the door is no posted with a no firearms sign)

    You can consume alcoholic beverages while OCing if you choose.
    Quote Originally Posted by Mongoose72 View Post
    I think they changed the law a couple of years back. You can CC into a place that sells alcohol but you cannot drink. You can OC into there as well and drink, though few here recommend doing it.
    Quote Originally Posted by Numenor View Post
    Incorrect. You can OC or CC into a place serving alcohol (assuming of course the place hasn't posted a "no guns" sign). However, if you wish to consume alcohol you MUST OC. On my phone atm or I would give cites.
    You're all saying the same thing, but let's look at the statute (http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-308).

    In particular, let's look at Para J3.

    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.

    Note that if one carries a concealed handgun onto the premises, s/he is barred from consuming alcoholic while there (LEO excepted). In order to legally consume alcoholic beverages, one would have to OC onto the premises. The key word is "onto" as it specifies the condition of carry as one enters, opposed to "on" or "in", as these words don't specify the condition of carry as one enters. Note that if one ceased to consume and switched to CC, there is no way to establish when or if any drinks were actually consumed on the premises, or by extension, off said premises.
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

  7. #7
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by JohnM15A View Post
    Don't know how many newbe questions I can have before a smackdown ............snip......
    There is no limit on newbie questions - only a limit on impatient or rude answers

    We do not encourage drinking adult beverages in public while OCing as it clouds our image. As others have mentioned, consuming in a restaurant and CCing is a violation except for certain "special" classes of people. See 18.2-308.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  8. #8
    Regular Member JohnM15A's Avatar
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    Thanks all for the clarifications. The law can be confusing.

  9. #9
    Regular Member HearseGuy's Avatar
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    Quote Originally Posted by JohnM15A View Post
    Thanks all for the clarifications. The law can be confusing.
    It really can! The best thing you can do is exactly what your doing. Study and ask questions! These guys clarify any thing for you man.
    Additional text for your reading pleasure...

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