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Thread: Penalty for CC in restaurant?

  1. #1
    Campaign Veteran Dutch Uncle's Avatar
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    I have found the part of the CCW statute that makes it illegal to CC in a restaurant that serves alcohol, but there is no mention of the penalty. Is it a misdemeanor or felony? Where does one find out?

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    Felony seems a little harsh, but I doubt police even know about the statute.

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    I think the statute in essence invalidates your CHP on the premises of an ABC-licensed establishment, so the penalty would be whatever it normally is for carrying concealedwithout a permit (a Class 1 misdemeanor I believe).

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    This has been a perenial question - an AG opinion some years back declared that a J3 violation was a Class 1 midemeanor. But more recently, a district judge in Loudoun County declared otherwise and declined to allaw such a charge to move forward.

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    Regular Member zoom6zoom's Avatar
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    mercutio545 wrote:
    I doubt police even know about the statute.
    Trust me. They do.

  6. #6
    Desertdoc
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    I too would like to know what the charge would be. I was told some time ago that it was a felony and that you would lose your permit if you had one. Please dont get me wrong, it was all word of mouth and that person may have no clue what they are talking about.

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    Founder's Club Member - Moderator longwatch's Avatar
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    Class 1 misdemeanor if the AG opinion from back in the day is still valid. I reckon your chances of keeping your permit go out the window if you get caught. Just obey the law, open carry and don't worry about it. That said a repeal of the restaurant ban should be coming up in the General Assembly so if you are interested in eliminating the ban let your legislators know. Better yet come on down to Richmond on Lobby Day and let them know in person.

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    Are you sure that Gov. Kaine would sign any billcoming out of the legislature that repeals the restaurant ban? I wouldn't hold my breath on it as long as he's the governor.

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    I think you're right that Gov. Kaine would try to block any legislation repealing the restaurant ban, if his response onthe 2005 VCDL Statewide Survey is any guide.

    Question 1 is the relevant question:[quote]Will you SUPPORT legislation to repeal [the] "restaurant ban" on carrying of concealed handguns by permit holders?

  10. #10
    Founder's Club Member - Moderator longwatch's Avatar
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    Gov Kaine has 3 options if a restaurant ban repeal comes before him, he can veto it, sign it, or not sign it and it becomes law without his signature. It is also possible for his veto to be overridden. Governor Kaine is less of a concern than the Virginia Senate, they are the ones the repeal needs to get past. However this being an election year there is an opportunity to get it passed.

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    longwatch wrote:
    Gov Kaine has 3 options if a restaurant ban repeal comes before him, he can veto it, sign it, or not sign it and it becomes law without his signature. It is also possible for his veto to be overridden. Governor Kaine is less of a concern than the Virginia Senate, they are the ones the repeal needs to get past. However this being an election year there is an opportunity to get it passed.
    he also can change it and the legislature must act on his changes. Check the VA Constitutiona for specifics.

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    Desertdoc wrote:
    I too would like to know what the charge would be. I was told some time ago that it was a felony and that you would lose your permit if you had one. Please dont get me wrong, it was all word of mouth and that person may have no clue that they are talking about.
    On this board it is presumed that folks are doing their own research, checking statutes, etc.

    What does 18.2-308 provide for penalties?

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    I read this before I replied earlier, and should have posted it, so here is the relevant section of the Code of Virginia:

    § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.

    J3. No person shall carry 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; however, nothing herein shall prohibit any sworn law-enforcement officer from carrying a concealed handgun on the premises of such restaurant or club or any owner or event sponsor or his employees from carrying a concealed handgun while on duty at such restaurant or club if such person has a concealed handgun permit.
    Notice there is no penalty specified, which was why I assumed it would be the same penalty as unlicensed concealed carry:


    § 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.

    A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material...he shall be guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.

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