Carry and Restaurant/Alcohol in Virginia

I can't imagine this hasn't been discussed, but it's such an odd questions I can't find another post about it after looking for some time. Thanks in advance for replies! I'm quite curious...

I live in Virginia and support and exercise OC, but with my line of work I CC almost every day except OC when around the house / with certain friends.

My wife and I went out to dinner recently, and after we got inside and sat down she noticed my favorite beer was on tap (this happens very rarely - the last time was three years ago). While I normally never, ever drink while carrying, I decided to order a small glass with our dinner on this occasion. Since I live in Virginia, it is my understanding that it is illegal to drink alcohol at a restaurant while CC, but not OC. My glock was in an OWB under my jacket, so I just took my jacket off. We were sitting in a booth and my firearm side happened to be facing the wall, not covered in any way, but I'm sure no one even noticed it. After dinner (well after the beer was finished), I put my jacket back on and we left.

Did I follow the law? If so, it sure seems like a silly law! If it's illegal to drink while CC, why not OC? Did I stumble on some gray area here?

If your firearm is not covered by your clothing or you are intentionally using something to conceal it, it is not concealed if worn openly. Even if your firearm is facing the wall. Now if you rolled your jacket up, and then put it next to the firearm where it could not be seen, that IMO would be concealed.

The question I have is did you conceal after consuming the alcohol leaving the restaurant?

Welcome to OCDO. Your question would be better answered if you posted this in the VA forum. The people who live, and deal with OC on a regular basis in VA will be able to give you a better answer. My knowledge is of the laws that apply to WA state.

Moved this to the Va. sub-forum.

In Va. you may OC and enjoy an adult beverage, though many will frown on it.

If you CC, you can still carry in that establisment but not drink acohol legally.

No person who carries a concealed handgun onto the premises of any restaurant or club as defined in Section 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.
http://www.vsp.state.va.us/Firearms_ResidentConcealed.shtm

You might want to consider performing The Virginia Tuck next time just before entering a place where you might be tempted to consume an alcoholic beverage. With the size of cell phones growing again, and so many folks carrying them hooked to their belt or pants waistband it can at times be difficult to tell them apart from an OC'd handgun. (Leastways that what you tell your S.O.)

stay safe.

Grapeshot said:

Moved this to the Va. sub-forum.

In Va. you may OC and enjoy an adult beverage, though many will frown on it.

If you CC, you can still carry in that establisment but not drink acohol legally.

Click to expand...

The law is written to say that you cannot drink if you enter concealing.

Welcome, you will find VA to be very OC friendly. I have enjoyed A (emphasis on singular) beer while OCing in NoVA. Never a problem, however I do not make it a habit.

If I am meeting friends and we are going to be at a bar or drinking at all, the Glock will be locked at home.


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