Question regarding drinking and open carry

Good afternoon everyone. Here's the situation: I'm a Police Officer Candidate and today we were going over weapons laws which included some open carry discussion. The instructor asked if we could carry and drink alcohol. I stated that if you are conceal carrying with a CHP, then no. If you were open carrying, then yes but frowned upon. Can anyone point me in the right direction with VA state codes regarding this?

Thank you,

Brian

Virginia code 18.2-308 covers conceiled carry. A sub section of that makes it illegal to drink while carrying conceiled. There is no law regarding open carry, hence no law prohibiting drinking while carrying.

I'm sure someone better qualified then I will be able to point you too the exact paragraph.

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Yes we did cover that code....and that's what I was thinking that since no code states you can't drink while open carrying that it was legal.

I am no expert on the code of law, but my personal opinion is that before I start drinking the guns go away. I feel the same way about driving. Alcohol and guns/driving should never be mixed.

Generally indulging in an adult beverage while OCing is is said to be legal because there is no law specifically stating otherwise.

However note the following closely related statutes. Note that there is no distinction between CC and OC.

§ 18.2-285
Hunting with firearms while under influence of intoxicant or narcotic drug; penalty.
It shall be unlawful for any person to hunt wildlife with a firearm, bow and arrow, or crossbow in the Commonwealth of Virginia while he is (i) under the influence of alcohol; (ii) under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree that impairs his ability to hunt with a firearm, bow and arrow, or crossbow safely; or (iii) under the combined influence of alcohol and any drug or drugs to a degree that impairs his ability to hunt with a firearm, bow and arrow, or crossbow safely. Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor. Conservation police officers, sheriffs and all other law-enforcement officers shall enforce the provisions of this section.

§ 18.2-308.4
As an add on charge where illegal drugs are concerned.

While there is no prohibition of consumption of alcohol while open carrying, the statutes regarding public intoxication still apply. However, there is no objective test for BAC to determine intoxication under these circumstances as there is for operating a motor vehicle.

Was this a homework assignment?

Homework assignment, maybe lol. That instructor will not be here today. But all the state codes listed above were the ones we went over in class. Since you are just carrying a firearm holstered and having a beer or maybe two with dinner it doesn't fall into the hunting category. And for most of us, 1-2 beers with dinner would not increase our BAC to the level of this becoming public intoxication...so therefore I say it's legal. Would I do it, no. Do I recommend it, hell no. But is it legal, I truely believe so until I get to ask the commonwealth's attorney.

H82GO55 said:

Homework assignment, maybe lol. That instructor will not be here today. But all the state codes listed above were the ones we went over in class. Since you are just carrying a firearm holstered and having a beer or maybe two with dinner it doesn't fall into the hunting category. And for most of us, 1-2 beers with dinner would not increase our BAC to the level of this becoming public intoxication...so therefore I say it's legal. Would I do it, no. Do I recommend it, hell no. But is it legal, I truely believe so until I get to ask the commonwealth's attorney.

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You asked about "laws" - AG opinions are not law, although we act like they are frequently.

IMPORTANT NOTE: Official opinions represent the attorney general’s analysis of current law based on his thorough research of existing statutes, the Virginia and United States constitutions, and relevant court decisions. They are not "rulings" and do not create new law, nor do they change existing law. Creating and amending laws are the responsibility of the General Assembly, not the attorney general.

http://www.oag.state.va.us/index.php/en/citizen-resources/opinions/official-opinions

Having alcohol in your system does become germane when hunting.

H82GO55 said:

Homework assignment, maybe lol. That instructor will not be here today. But all the state codes listed above were the ones we went over in class. Since you are just carrying a firearm holstered and having a beer or maybe two with dinner it doesn't fall into the hunting category. And for most of us, 1-2 beers with dinner would not increase our BAC to the level of this becoming public intoxication...so therefore I say it's legal. Would I do it, no. Do I recommend it, hell no. But is it legal, I truely believe so until I get to ask the commonwealth's attorney.

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You can ask 5 different CAs and get 5 different answers. Especially in Henrico where they seem to be allowed their own interpretation of laws.

H82GO55 said:

Homework assignment, maybe lol. That instructor will not be here today. But all the state codes listed above were the ones we went over in class. Since you are just carrying a firearm holstered and having a beer or maybe two with dinner it doesn't fall into the hunting category. And for most of us, 1-2 beers with dinner would not increase our BAC to the level of this becoming public intoxication...so therefore I say it's legal. Would I do it, no. Do I recommend it, hell no. But is it legal, I truely believe so until I get to ask the commonwealth's attorney.

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Remember that local DIP laws do not rely on BAC

ProShooter said:

Remember that local DIP laws do not rely on BAC

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But they do rely on what activities you are disrupting http://law.lis.virginia.gov/vacode/title18.2/chapter9/section18.2-415/

stay safe.

skidmark said:

But they do rely on what activities you are disrupting http://law.lis.virginia.gov/vacode/title18.2/chapter9/section18.2-415/

stay safe.

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That is if you use the state Disorderly Conduct statute, (or 18.2-388) which the state police do, but local PD's use the local county/city ordinances on DIP, which only relies on the officer's perception that you are drunk in public. That way, the $50 fine goes to the county/city.

Grapeshot said:

Generally indulging in an adult beverage while OCing is is said to be legal because there is no law specifically stating otherwise.

However note the following closely related statutes. Note that there is no distinction between CC and OC.

§ 18.2-285
Hunting with firearms while under influence of intoxicant or narcotic drug; penalty.
It shall be unlawful for any person to hunt wildlife with a firearm, bow and arrow, or crossbow in the

§ 18.2-308.4
As an add on charge where illegal drugs are concerned.

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I noted that this only applies to hunting "wildlife."

So I fail to see how that answers the original question.

Things to learn if I ever travel out that way again.

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I don't drink. Problem solved.

Liberty-or-Death said:

I don't drink. Problem solved.

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You must be single.

ProShooter said:

You must be single.

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Actually no, and my beloved of 14 years also does not drink. But we do have other vices.

speed41ae said:

I am no expert on the code of law, but my personal opinion is that before I start drinking the guns go away. I feel the same way about driving. Alcohol and guns/driving should never be mixed.

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How about holding and using 6" serrated knives while drinking?

How about having your car keys in your possession while drinking?

Just for the sake of clarity, we're talking drinking alcohol while the firearm is open to common observation as opposed to the alcohol container being openly carried, right?

One could conceive of a citation for possession of an Open Container while Openly Carrying a firearm.

Don't despair, Young Recruit. It will take you 4 or 5 more decades to begin to think like this, surviving many of the posters in this thread.

2a4all said:

Just for the sake of clarity, we're talking drinking alcohol while the firearm is open to common observation as opposed to the alcohol container being openly carried, right?

One could conceive of a citation for possession of an Open Container while Openly Carrying a firearm.

Don't despair, Young Recruit. It will take you 4 or 5 more decades to begin to think like this, surviving many of the posters in this thread.

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There are many good reasons for turning the compost.

I suppose the concern is that one will "snap" after taking a sip of beer while at a restaurant. In that case, no one should ever visit such an establishment due to the general danger of being around other people doing the same thing with a wide array of improvised weapons within reach. Or maybe the public just needs to see responsible behavior being demonstrated.