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Thread: Visiting Virginia

  1. #1
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    Hey all, I will be visiting VA over thanksgiving for the annual family hunting trip. That Sunday we will be hitting a restaurant in the South Hill area, and I wanted to make sure I was straight on restaraunt carry.

    If I am understanding VA law, I have to OC in a restaurant that serves alcohol for consumption, correct? What I can't find is if there is a BAC limit for carrying, or if it is absolutely forbidden to drink at all when carrying. Can anyone enlighten me?

    I have my TN carry permit (required for OC or CC) and TN has reciprocity VA for permits, so I know I am allowed to OC or CC in VA. Any notable or unusual carry restrictions in VA? Also, do signs have any legal force in VA? I really won't be in public much, just Sunday night and if we have to run into town for supplies.



    Thanks,

    Pol



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    I, personally, wouldn't drink while OC'ing in public, but that's just me. I haven't seen anything regarding a BAC while carrying (I assume that it would be somewhat similar to the driving limit .08, but I'm sure someone will provide some code). You are correct that VA requires you to OC at restaurants that have a license to sell alcohol for on site consumption. If you go into a place with signs saying no guns, you can be asked to leave, as it is private property. We have state preemption, so you will have uniform gun laws on carrying throughout the state.

  3. #3
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    Thanks, xd.40

    I won't be drinking while OC'ing in public, to me that will just give us all a bad name. I was thinking about sunday, since we can't hunt we will be working on the camp and probably drinking a few beers. When we leave camp to go into town,Iplan on being armed. I just wanted to be aware of the limits there in case there is an issue.



    thanks,

    Pol

  4. #4
    Regular Member ProShooter's Avatar
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    If you go to a bar or restaurant that has a license issued by the ABC Board to serve alcohol on premises, you must OC even if you have a CC permit. Just be aware of the places you dine because we have some unusual fast food places like Arby's and Captain D's that sell beer.

    There is no BAC mentioned in the Code relative to carrying a firearm. It is illegal to have a CC permit and carry concealed while under the influence. It is not illegal to have a CC permit (or no permit at all) and open carry while drinking. Its just not advisable.


    James Reynolds

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    Founder's Club Member Tess's Avatar
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    Pol Mordreth wrote:
    Thanks, xd.40

    I won't be drinking while OC'ing in public, to me that will just give us all a bad name. I was thinking about sunday, since we can't hunt we will be working on the camp and probably drinking a few beers. When we leave camp to go into town,Iplan on being armed. I just wanted to be aware of the limits there in case there is an issue.

    thanks,

    Pol
    VA does not have specific limits. According to section 18.2-308 (see here) there are certain behaviors which present prima facie evidence of being under the influence:


    This section refers to those permitted to conceal; one could make the argument if you have a permit and you are carrying openly anyway, the section applies. Of course, IANAL.
    Laws alone can not secure freedom of expression; in order that every man present his views without penalty there must be spirit of tolerance in the entire population. -Albert Einstein

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    Thanks to you all for your fast replies. I'll probably leave it locked up in camp then, if I've had any that day.



    Pol

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    Regular Member ProShooter's Avatar
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    Tess wrote:
    This section refers to those permitted to conceal; one could make the argument if you have a permit and you are carrying openly anyway, the section applies. Of course, IANAL.
    Not with statute using the term "such handgun". That refers back to "concealed handgun". If it said "a handgun" or the like, then OC would be included.
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

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    Campaign Veteran T Dubya's Avatar
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    Pol Mordreth wrote:
    That Sunday we will be hitting a restaurant in the South Hill area,


    Not drinking while open carrying is good advice. You shouldn't have any problem in South Hill. I have open carried in front of law enforcement and several places. Just be sure to be friendly and you will have no problems.
    "These are the shock troops (opencarry.org) of the gun lobby. And, they are not going away."
    Ceasefire NJ Director Brian Miller, NJ.com, August 20, 2009

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    I've open carried a fair amount in South Hill. You should have no problems there.

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    Regular Member 2a4all's Avatar
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    If you plan to hunt on Wildlife Management Area, don't carry your concealed weapon loaded while driving on the property.

    http://www.dgif.virginia.gov/hunting...s/wmarules.pdf

    Regarding using the shooting range at the Chickahominy Wildlife Management Area, it is a violation of DGIF rules to carry a loaded concealed handgun while driving on any WMA property!

    The following is an excerpt from the above link.
    Firearms

    It is unlawful to have in possession or in a vehicle a bow or gun which is not
    unloaded and cased or dismantled except when it is lawful to take bear,
    deer, grouse, pheasants, quail, rabbit, raccoon, squirrel or turkey; and additionally,
    migratory game birds on Department owned lands east of the Blue Ridge; or by permit issued by the Department; or by concealed handgun permit issued by a Circuit Court.

    It is unlawful to possess or transport a loaded gun in or on any vehicle at any time on a WMA.

    Target shooting is permitted on designated ranges only.
    I spoke with the game warden at the Charles City County office (804-829-6580), and was told that I must unload my handgun at the property line before driving onto the WMA. Once I reach the shooting range, I would be free to reload after I stepped out of my vehicle. Alternatively, I could park at the entrance and walk anywhere with my loaded concealed handgun.
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

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    2a4all:

    Thanks for that info. That's an odd law, isn't it? I understand it's to prevent truck hunting, but still. Thankfully, I won't have to worry about that. We are hunting on private land that my brother owns.



    Respectfully,

    Pol

  12. #12
    Regular Member 2a4all's Avatar
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    Pol Mordreth wrote:
    2a4all:

    Thanks for that info. That's an odd law, isn't it? I understand it's to prevent truck hunting, but still. Thankfully, I won't have to worry about that. We are hunting on private land that my brother owns.



    Respectfully,

    Pol
    So I was told, but the Va Attorney General has advised (9/2002, 9/2008) that handgun carry rules implemented by authorities such as the DGIF don't have the statutory authority to exist. I guess DGIF didn't get the memos.

    Enjoy your visit and good hunting!
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

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