Visiting Virginia

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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.

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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

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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.

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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

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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:

J1. 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, shall be 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.

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http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

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.

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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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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.

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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.

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Pol Mordreth wrote:

That Sunday we will be hitting a restaurant in the South Hill area,

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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.

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

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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/regulations/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. 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.

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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

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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

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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!