Virginia gun law questions

Hello everyone, I am a PA resident and I have a PA LTCF. I am planning on visiting Virginia beach for a few days on the labor day weekend, and I would like to bring my sidearm with me. I already know that Virginia recognizes my LTCF, but I still have a few questions about VA's gun laws. My first question is, can I carry in a restaurant that serves alcohol, so long as I don't consume alcohol, and if I get pulled over in Virginia, do I have a legal duty to inform the police that I am carrying a firearm? Thanks in advance for your help.

Restaraunt carry is fine. If you carry concealed you can't drink.

You do not have to inform an officer you're carrying at a traffic stop.

This is a good source for online info. You should always verify if there might be any question.

http://www.nraila.org/gun-laws/state-laws/virginia.aspx


and this. Click the state to open the PDF. Right at top is whether you must advise an officer during a vehicle stop.

http://www.handgunlaw.us/

Virginia
http://www.handgunlaw.us/states/virginia.pdf

Virginia Gun Law questions

Don't forget you will be traveling through "Cuba on the Chespeake", otherwise known as Maryland, to get to the Old Dominion. They have very strict laws when it comes to transporting a gun in your vehicle. Good luck and enjoy your time at the Beach.

I must chime in... be safe going through Maryland. Once you get through MD and reach the promised land of the Commonwealth, you will find that you are free to go.

I don't see anything about Open Carrying and alcohol. I do see an exception for LEO for some reason though...

§ 18.2-308.012. Prohibited conduct.

A. 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 is guilty of a Class 1 misdemeanor. Conviction of any of the following offenses shall be prima facie evidence, subject to rebuttal, that the person is "under the influence" for purposes of this section: manslaughter in violation of § 18.2-36.1, maiming in violation of § 18.2-51.4, driving while intoxicated in violation of § 18.2-266, public intoxication in violation of § 18.2-388, or driving while intoxicated in violation of § 46.2-341.24. Upon such conviction that court shall revoke the person's permit for a concealed handgun and promptly notify the issuing circuit court. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.

B. 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 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.

Source = https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.012

the reason you don't see anything about OC and alcohol is because there is nothing.

Our laws set out what is prohibited* - not telling us what we may do. Heck, they don't even tell us what we "must" do; only that not doing some things carries a penalty.

stay safe.

* malum prohibitum vs malum per se is a separate discussion. All I want to hear on the subject is plans to repeal the former.

skidmark said:

the reason you don't see anything about OC and alcohol is because there is nothing.

Our laws set out what is prohibited* - not telling us what we may do. Heck, they don't even tell us what we "must" do; only that not doing some things carries a penalty.

Click to expand...

Haha, I know. I was merely pointing it out for our foreign friend

blahpony said:

Restaraunt carry is fine. If you carry concealed you can't drink.

You do not have to inform an officer you're carrying at a traffic stop.

Click to expand...

Though this last statement is well-meaning it's deceptively stated.

You must carry with you, your permit and a picture ID if you are carrying on body, concealed while driving and IF ASKED, and IF CARRYING, produce your permit and your ID.

There is NOTHING in the statute (AFAIK/IANAL) that says you have to declare if you have a FIREARM, where it is, or anything else about it. IF ASKED "are there weapons in the car?" I would be tempted to say, 'here is my permit', and to inquire "Do you have probable cause for this question?/ Is this a lawful demand or am I free to go (after the ticked, if any)" as far as questions about the equipment/tool/sidearm.

If pressed and if you want to preserve your rights, I might then ask to have a Sergeant brought to the scene and ask if I could summon my lawyer. Myself, I am friends with a Statie, so I hope to use his card (and his advice on what to say) if stopped for something minor and minimize contact.

I do NOT know why people (from Va at least) continue to make this mistake, because the law is about the PERMIT, not the firearm (except that it says if carrying you must show the permit, if not, you do not).

FYI all LEOs hooked up to the web already know you have a permit via the VCIN.

Beware of Maryland

It cannot be overstated: Be very careful as you cross the no-mans-land dividing our two fine states - otherwise known as Maryland.

You can count on Maryland knowing you have a LTCF. There was a case a few months back where a Maryland Transit cop tailed a Florida SUV for several miles, then pulled them over, and after bullying the wife of the family into giving an incorrect answer, they searched the SUV with a fine-toothed comb for several hours, looking for the gun that was safely stored in the gun safe at home in Florida. ETA: I realize I need a little more for this to make sense... it was widely speculated that the ONLY reason this vehicle was tailed and then pulled over was due to the fact that the owner had a concealed carry permit in Florida.

I would suggest you fully comply with FOPA, and make sure EVERYONE in the car with you knows how to handle any questions from any police should you be pulled over.

I really despise that state, can you tell?

TFred