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A question about the "restaraunt ban"

H

hsmith

Regular Member
Joined
Mar 29, 2007
Messages
1,687
Location
Virginia USA, ,
imported post

I was just browsing through subsection J and reread the restaurant ban...

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.
Click to expand...
Now, the section of the law specifically states, it isn't allowed. BUT, it addresses no legal recourse for the action.

But, it seems all other subsections for J do assign legal remedies for CC in one...

J1. ...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...

J2. An individual who has a felony charge pending or a charge pending for an offense listed in subdivision E 14 or E 15, holding a permit for a concealed handgun, may have the permit suspended by the court before which such charge is pending or by the court that issued the permit.

J4. Any individual for whom it would be unlawful to purchase, possess or transport a firearm under § 18.2-308.1:2 or 18.2-308.1:3, who holds a concealed handgun permit, may have the permit suspended by the court that issued the permit during the period of incompetency, incapacity or disability.
Click to expand...
So is there no punishment for CC in a restaurant, or am I missing that section of VA code all together?
 
M

mobeewan

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Oct 5, 2007
Messages
652
Location
Hampton, Va, ,
imported post

It falls back under the main section which describes what a concealed weapon is and what the penalties for carrying one. This would also be the case for carrying a concealed weapon in any other place you are not allowed to unless there is a different penalty for that particular place called out as is the case for carrying on school grounds.
 
T

TEX1N

Regular Member
Joined
May 15, 2006
Messages
842
Location
Northern VA, Virginia, USA
imported post

I've heard arguments that it could go either way, fall back to a class 1 misdemeanor or be left to the judge to decide. To my knowledge there isn't any case law on a J3 violation, so it would probably depend on the how good your attorney is, the prosecutor, and the judge.

Hopefully SB 476 will fix this! (At lease for CHP holders.)
 
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