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Thread: Carry into restaurant that serves/drink alcohol -legal for non-resident?

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    I know that concealed carry into a restaurant that serves alcohol is legal in West Virginia, however does this apply to a non-resident with a reciprocal concealed weapons permit? Also, even though this is a "no-no", I do not see a provision against drinking a single beer and carrying a concealed weapon, like Nevada? Please advise?

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    West Virginia law is silent on this issue; thus it is legal.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
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    kjay wrote:
    I know that concealed carry into a restaurant that serves alcohol is legal in West Virginia, however does this apply to a non-resident with a reciprocal concealed weapons permit? Also, even though this is a "no-no", I do not see a provision against drinking a single beer and carrying a concealed weapon, like Nevada? Please advise?
    My understanding of the reciprocity agreements is, that an out of state permit that is recognized by the state you are in, will be treated as if issued by that state.

    Therefore, any privileges or restrictions that apply to a permit from that state, also apply to the permit from the state you are a resident of.

    I would highly advise not touching alcohol while carrying, even if concealed.
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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    What about OC in alcohol-serving establishments? The OP is about CCW...

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    KPatrick wrote:
    What about OC in alcohol-serving establishments? The OP is about CCW...
    Again, West Virginia law is silent on this issue; thus it is legal.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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    WVCDL wrote:
    KPatrick wrote:
    What about OC in alcohol-serving establishments? The OP is about CCW...
    Again, West Virginia law is silent on this issue; thus it is legal.
    But here's a little snippet from the WVA attorney general's website http://www.wvago.gov/pdf/BookletWVFirearmLaws.pdf

    It is important to note that while West Virginia is an “open carry” state the ability to carry openly is deemed by law enforcement to apply only to West Virginia residents. West Virginia law enforcement’s interpretation of “open carry” is that the handgun must be visible from three sides.

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    I addressed this in another thread, but I'll duplicate the post here. I'm not sure where the WV AG gets the info in their brochure, because according to the WVSP website, the State Police already KNOW that Open Carry is legal in WV, and say so in VERY clear terms in the general FAQ concerning firearms issues on their webpage.

    http://www.wvstatepolice.com/legal/faq.html

    And I quote (emphasis added by me):
    Q. Is it lawful to carry weapons (e.g. rifles, shotguns, and pistols) in my vehicle when I travel in West Virginia?

    A. Individuals who possess a valid concealed carry permit may carry a concealed handgun in a motor vehicle for purpose of self defense only. West Virginia permits anyone who can lawfully possess a handgun to carry an unconcealed handgun. If you choose to carry an unconcealed handgun in your vehicle and are stopped by a law-enforcement officer, you must understand that that the weapon will immediately attract the attention of the police officer. The presence of the weapon may lead to action by the officer to ensure his or her safety such as the drawing of his or her weapon, ordering you from the vehicle, and/or performing a pat-down search. Weapons intended for hunting must be unloaded and in a case when transported in a vehicle. It is strongly recommended that, if you do not have a valid concealed carry permit, while traveling in a vehicle, that all firearms be unloaded and cased in a location in the vehicle that is not readily accessible to any of the occupants. Any ammunition should be stored in a separate location from the firearm.

    Maybe the WV-AG should actually get on the "InterWebs" and use the "Google Machine". It wasn't difficult to find. You'd think the WVSP would be REQUIRED to clear their website through the AG's office. Either the AG's staff is not doing their job, or SOMEBODY in Charleston isn't telling the truth with regards to the WV AG's firearms pamphlet...

    I hope that the good folks at WVCDL bring this WVSP website FAQ to the attention of the AG, and maybe the WVSP and WVAG can come to some sort of understanding as to what the law REALLY is in WV, and can then proceed to give out accurate information to both their own employees and the Public.

    This little game of "he said-she said" that the WVAG and the WVSP is playing with regards to OC and out-of-state permit reciprocity is getting a little old...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggressionand this is hogwash."
    --Barry Goldwater, 1964

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    Nozoki wrote:

    It is important to note that while West Virginia is an “open carry” state the ability to carry openly is deemed by law enforcement to apply only to West Virginia residents. West Virginia law enforcement’s interpretation of “open carry” is that the handgun must be visible from three sides.
    Too bad that appears to violate the 14th amendment...

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    nova wrote:
    Nozoki wrote:
    It is important to note that while West Virginia is an “open carry” state the ability to carry openly is deemed by law enforcement to apply only to West Virginia residents. West Virginia law enforcement’s interpretation of “open carry” is that the handgun must be visible from three sides
    Too bad that appears to violate the 14th amendment...
    Not to mention the FAQ on the WVSP's own web site where they CLEARLY STATE that OC is legal in WV for anyone traveling through the state. See the quote and link two posts above this one...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggressionand this is hogwash."
    --Barry Goldwater, 1964

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    It's also not law enforcement's job to interpret laws, and allowing them to do so is tantamount to giving them legislative or even judicial powers.

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    Sarge Rock wrote:
    It's also not law enforcement's job to interpret laws, and allowing them to do so is tantamount to giving them legislative or even judicial powers.
    Aah OK - Welcome to OCDO Sarge.

    Why are you yelling?

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    Old and treacherous will beat young and skilled every time. Yata hey.

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