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Online Petition to Repeal the Virginia Restaurant Ban on Concealed Carry

brokerbh

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Looks like this years proposed legislation (HB1821) is essentially the same as last years in that it retains the prohibition on consumption of alcohol as well as the notification provision to restaurant staff.

Hardly ideal but perhaps better than the current situation.
 

Smurfologist

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brokerbh wrote:
Looks like this years proposed legislation (HB1821) is essentially the same as last years in that it retains the prohibition on consumption of alcohol as well as the notification provision to restaurant staff.

Hardly ideal but perhaps better than the current situation.

I agree with the first bold statement in the Bill; I disagree with the second bold statement in the Bill. It is what it is; it is definitely better than what we have now. Maybe the Bill can be amended later if it passes (smile).

2nd Amendment........Use it........Or, lose it!!:X
 

Mike

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Smurfologist wrote:
2a4all wrote:
Mrs. 2A4ALL & I both signed.

But, if I carry openly, do I get to drink?
It is my understanding that if you OC, and, you have an active CCW, you can't drink
active CCW = ?

Having a Virginia CHP has nothing to do with it - there is no law against drinking alcohol while carrying a gun in Virginia, openly, or concealed. But see 18.2-308(J1) making is a Class 1 misdemeanor to be, inter alia, publicly intoxicated while carrying concealed.
 

FMCDH

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Mike wrote:

Having a Virginia CHP has nothing to do with it - there is no law against drinking alcohol while carrying a gun in Virginia, openly, or concealed. But see 18.2-308(J1) making is a Class 1 misdemeanor to be, inter alia, publicly intoxicated while carrying concealed.
When carrying a firearm, just don't drink. If not for yourself, then for the image of the cause. ESPECIALLY if you are OCing.

It disturbs me a bit how many pro2a people are always on the look out for an excuse or loophole to go drinking with their gun on. (sigh)

Mind you, I hold a distinct difference between having a drink, and "going drinking".
 

Smurfologist

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Mike wrote:
Smurfologist wrote:
2a4all wrote:
Mrs. 2A4ALL & I both signed.

But, if I carry openly, do I get to drink?
It is my understanding that if you OC, and, you have an active CCW, you can't drink
active CCW = ?

Having a Virginia CHP has nothing to do with it - there is no law against drinking alcohol while carrying a gun in Virginia, openly, or concealed. But see 18.2-308(J1) making is a Class 1 misdemeanor to be, inter alia, publicly intoxicated while carrying concealed.

Mike,

By active CCW, I meant that one had a CCW that was not expired (I did not know if 2a4all ever had a CCW or not).

I stand corrected. I will assume by your post that you can (indeed) OC or CC while drinking alcohol legally. However, if you are OCing and intoxicated, you are not violatingstated law; if you are in the said state and are CCing, you are in violation of stated law, right? If the police see you drinking alcohol while OCing at, let's say, Chipotle Mexican Restaurant, you leave and start CCing, will the police have "probable cause" to check to see if you are (in fact) intoxicated (just curious)?

2nd Amendment......Use it......Or, lose it!!:X
 

Smurfologist

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FMCDH wrote:
Mike wrote:

Having a Virginia CHP has nothing to do with it - there is no law against drinking alcohol while carrying a gun in Virginia, openly, or concealed. But see 18.2-308(J1) making is a Class 1 misdemeanor to be, inter alia, publicly intoxicated while carrying concealed.
When carrying a firearm, just don't drink. If not for yourself, then for the image of the cause. ESPECIALLY if you are OCing.

It disturbs me a bit how many pro2a people are always on the look out for an excuse or loophole to go drinking with their gun on. (sigh)

Mind you, I hold a distinct difference between having a drink, and "going drinking".

I want to be clear about this: I do not drink alcohol when I OC or CC (call me paranoid). However, I will not condemn anyone that does, as long as they are not doing something that is against the law (I hope this came across the right way).

2nd Amendment......Use it.......Or, lose it!!:X
 

Mike

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Smurfologist wrote:
By active CCW, I meant that one had a CCW that was not expired (I did not know if 2a4all ever had a CCW or not).

I stand corrected. I will assume by your post that you can (indeed) OC or CC while drinking alcohol legally. However, if you are OCing and intoxicated, you are not violatingstated law; if you are in the said state and are CCing, you are in violation of stated law, right? If the police see you drinking alcohol while OCing at, let's say, Chipotle Mexican Restaurant, you leave and start CCing, will the police have "probable cause" to check to see if you are (in fact) intoxicated (just curious)?
I was suggesting the term CCW makes no sense - one of my little quirks - I think it helps to speak plainly and correctly on gun rights issues as so many people have no idea what we are talking abour.

Public intoxication ("PI") is unlawful even in a restaurant as a class 4 misdemeanor. In my personal opinion, and without spending hours searching for cases, merely drinking alcohol would not rise to the level of reasonable suspicion to conduct an investigative seizure of a person, but the police may investigate and conduct a copnsensual encounter. PI requires no BAC evidence nor is anyone (who is not a driver of a vehicle) required to submit to BAC checks on police demand.

Take a look at 18.2-308(J1).
 

Citizen

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Mike wrote:
SNIP but the police may investigate and conduct a copnsensual encounter.
Dammit!! Will you stop making new case law? :)

My police encounter strategy revolves around:

Fourth Amendment jurisprudence recognizes three categories of police-citizen confrontations, including the following: "(1) consensual encounters, (2) brief, minimally intrusive investigatory detentions, based upon specific, articulable facts, commonly referred to as Terry stops, and (3) highly intrusive arrests and searches founded on probable cause." Wechsler v. Commonwealth, 20 Va. App. 162, 169, 455 S.E.2d 744, 747 (1995)

I don't see no "copnsensual" encountersmentioned in Wechsler.

I slave and slave to learn the law, and here comes Mike making up a new type of encounter. Jeez.

:D

PS: I'll leave it to other wags to figure out what a copnsensual encounter might be.
 

JoeSparky

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Citizen wrote:
Mike wrote:
SNIP but the police may investigate and conduct a copnsensual encounter.
Dammit!! Will you stop making new case law? :)

My police encounter strategy revolves around:

Fourth Amendment jurisprudence recognizes three categories of police-citizen confrontations, including the following: "(1) consensual encounters, (2) brief, minimally intrusive investigatory detentions, based upon specific, articulable facts, commonly referred to as Terry stops, and (3) highly intrusive arrests and searches founded on probable cause." Wechsler v. Commonwealth, 20 Va. App. 162, 169, 455 S.E.2d 744, 747 (1995)

I don't see no "copnsensual" encountersmentioned in Wechsler.

I slave and slave to learn the law, and here comes Mike making up a new type of encounter. Jeez.

:D

PS: I'll leave it to other wags to figure out what a copnsensual encounter might be.
I understand that this is a "FAMILY" rated forum so.... I am at a loss to what a "COPNSENSUAL" encounter might be for THIS FORUM!!!:lol::lol:
 

2a4all

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2a4all wrote:
Mrs. 2A4ALL & I both signed.

But, if I carry openly, do I get to drink?
Let me clarify.

The question (if the CC in restaurants bill passes as proposed) is: If one CCs in an alcohol-serving restaurant, one can't consume alcohol. However, if one chooses to OC instead, may one choose to imbibe?

What happens if one enters while CCing and informs the designated employee, but then later decides to switch to OC? Will it be legal for the establishment serve him/her?

What about the reverse? If one enters OCing, has a drink, then later switches to CC (puts on a jacket or sweater because it's chilly), must (s)he then inform the designated employee of the new status, and not drink further?

Is any burden placed on the establishment?

Clearly, carrying is part of the equation. If a CHP holder leaves his/her firearm at home before going out, surely none of this applies.
 
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