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Thread: ABC Store Carry

  1. #1
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    I'm confused... can I carry in a state ABC store or not? My not so educated guess is I just have to open carry because of the alcohol. Someone help me out please.

    Thanks

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    You can OC or CC, the choice is yours. While they do sell alcohol, it is not a "resturant or club" as the law states, so CC is not prohibited.

    Also, since its a state run store, Preemption keeps it that way.


    **http://www.abc.state.va.us/licenseeS...=retaillicense

    You can use the above link to search what type of liquor license a location has. If it isnt a resturant or a club (establishment type), you can CC.

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    Regular Member Hendu024's Avatar
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    Yep, carry however you wish. I OC into ABC stores all the time, not an eyebrow raised yet.

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    Regular Member CRF250rider1000's Avatar
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    Hendu024 wrote:
    Yep, carry however you wish. I OC into ABC stores all the time, not an eyebrow raised yet.
    Same here

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    CRF250rider1000 wrote:
    Hendu024 wrote:
    Yep, carry however you wish. I OC into ABC stores all the time, not an eyebrow raised yet.
    Same here
    Whaddya mean, "Same here"? You just turned 21!
    Bitka Sve Reava!
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    Campaign Veteran skidmark's Avatar
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    cbackous wrote:
    You can OC or CC, the choice is yours. While they do sell alcohol, it is not a "resturant or club" as the law states, so CC is not prohibited.

    Also, since its a state run store, Preemption keeps it that way.


    **http://www.abc.state.va.us/licenseeS...=retaillicense

    You can use the above link to search what type of liquor license a location has. If it isnt a resturant or a club (establishment type), you can CC.
    Actually, state preemption does not apply to ABC stores. The ABC is not apolitical subdivision of the Commonwealthbut a division of state government under the executive branch. It is the same reason as why certain universities can get away with banning firearms [notwithstanding the probably improper use of the VAC].

    And, yes, OCing in an ABC store generally creates comments from the staffregarding their desire to be allowed to carry for self protection being blocked by state personnel policy regarding workplace violence prevention.

    stay safe.

    skidmark
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  7. #7
    Regular Member Marco's Avatar
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    NVM.
    oops!
    If you think like a Statist, act like one, or back some, you've given up on freedom and have gone over to the dark side.
    The easiest ex. but probably the most difficult to grasp for gun owners is that fool permission slip so many of you have, especially if you show it off with pride. You should recognize it as an embarrassment, an infringement, a travesty and an affront to a free person.


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    cbackous wrote:
    SNIP You can OC or CC, the choice is yours. While they do sell alcohol, it is not a "resturant or club" as the law states, so CC is not prohibited.
    Citation needed.

    I'll supply it here. In the future, please supply the citation, and if possible a direct quote and link. Forum Rule #7.



    Excerpt from Va Code 18.2-308.J.3:

    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...

    http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-308

    As you can see Driver, it is restaurants and clubs where CC is prohibited. We know of no other statutory prohibitions.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

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  9. #9
    Regular Member virginiatuck's Avatar
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    I'm interested in McDonnell's ABC Privatization Plan. I wonder how it would work. Is he looking at the entire Department of ABC or only the retail stores? Will it be simply that regular retail/grocery stores are permitted to sell liquor? Or will there still have to be separate liquor stores? And if they're privately owned and run, then would you expect that many would have a policy against OC?



  10. #10
    Regular Member simmonsjoe's Avatar
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    Citizen wrote:
    cbackous wrote:
    SNIP You can OC or CC, the choice is yours. While they do sell alcohol, it is not a "resturant or club" as the law states, so CC is not prohibited.
    Citation needed.

    I'll supply it here. In the future, please supply the citation, and if possible a direct quote and link. Forum Rule #7.



    Excerpt from Va Code 18.2-308.J.3:

    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...

    http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-308

    As you can see Driver, it is restaurants and clubs where CC is prohibited. We know of no other statutory prohibitions.
    Does this mean a location which has an ABC-ON permit, but does not meet 4.1-100 definition can be CC'd in? a la harris teeter wine tastings?
    illegal ≠ immoral legal ≠ moral
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    ODA 226 wrote:
    CRF250rider1000 wrote:
    Hendu024 wrote:
    Yep, carry however you wish. I OC into ABC stores all the time, not an eyebrow raised yet.
    Same here
    Whaddya mean, "Same here"? You just turned 21!
    I've OC'd at ABC stores before and I'm NOT 21 (yet).

  12. #12
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    Thanks yall, I wasn't sure and didn't want to cause a stir from my ignorance. I know laws can be clear as mud sometimes.

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    QUESTION: VA ABC is a state agency, correct? ABC Stores are operated by VA ABC, right?

    So if preemption doesn't apply to state agencies (like public universities) then what stops ABC stores from prohibiting carry?

  14. #14
    Campaign Veteran skidmark's Avatar
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    nova wrote:
    QUESTION: VA ABC is a state agency, correct? ABC Stores are operated by VA ABC, right?

    So if preemption doesn't apply to state agencies (like public universities) then what stops ABC stores from prohibiting carry?
    The lack of stupidity?

    stay safe.

    skidmark
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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  15. #15
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    ODA 226 wrote:
    CRF250rider1000 wrote:
    Hendu024 wrote:
    Yep, carry however you wish. I OC into ABC stores all the time, not an eyebrow raised yet.
    Same here
    Whaddya mean, "Same here"? You just turned 21!
    Eh, he was just going in there to browse so his buddy could come in five minutes later.
    Why open carry? Because 1911 > 911.

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