DonTreadOnMe
Regular Member
imported post
DonTreadOnMe wrote:
Does anyone know from a legal aspect????
DonTreadOnMe wrote:
Does anyone know from a legal aspect????
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OC in restaurant, drinking legal?
- Thread starter Jonesy
- Start date
ed
Founder's Club Member - Moderator
imported post
Tweaker wrote:
touche'
I understand your point, and you are free to make it.. and like you said, you are not breaking the law... 100% of us agree on that. About 95% agree that it puts ALL OC'ers in a bad light.
Tweaker wrote:
You nailed it.held up to ridicule?
touche'I understand your point, and you are free to make it.. and like you said, you are not breaking the law... 100% of us agree on that. About 95% agree that it puts ALL OC'ers in a bad light.
TFred
Regular Member
imported post
DonTreadOnMe wrote:
Now others have pointed out that there is no penalty provided for violating J3 of 18.2-308, so I don't know what the consequences are for doing this.
Anybody know?
TFred
DonTreadOnMe wrote:
Just my guess, but I think if you got caught carrying concealed, and ended up in front of a judge and tried to argue that you carried "onto" openly, and then concealed, he or she is going to pause for about 2 seconds, maybe give a chuckle or two, then say GUILTY in a loud and clear voice.
Now others have pointed out that there is no penalty provided for violating J3 of 18.2-308, so I don't know what the consequences are for doing this.
Anybody know?
TFred
DonTreadOnMe
Regular Member
imported post
TFred wrote: Not disagreeing with you, but I am more concerned with the reverse scenario.... Someone walks in concealed, takes off a coat.....now is opencarrying, orders a glass of wine....and is technically guilty as I read it.
TFred wrote: Not disagreeing with you, but I am more concerned with the reverse scenario.... Someone walks in concealed, takes off a coat.....now is opencarrying, orders a glass of wine....and is technically guilty as I read it.
TFred
Regular Member
imported post
DonTreadOnMe wrote:
TFred
DonTreadOnMe wrote:
I see your point, they probably should have worded it more like "No person who is carrying a concealed weapon on the premises..."
TFred
imported post
I am curious about this. After the proposed legislation takes effect, will you no longer retain the current option to drink while OC?
We gain CCW and give up drinking while doing so, WIN!
Will the current laws be superceded, or will you have a choice then?
I am curious about this. After the proposed legislation takes effect, will you no longer retain the current option to drink while OC?
We gain CCW and give up drinking while doing so, WIN!
Will the current laws be superceded, or will you have a choice then?
wylde007
Regular Member
imported post
ed wrote:
:lol:
(because I don't agree)
ed wrote:
Cite, please.
:lol:
(because I don't agree)
wylde007
Regular Member
imported post
Tweaker wrote:
Therefor, you may still drink if you wish. VA tuck when you order a beer. I'll sit with you.
Tweaker wrote:
It will apply to OC now as it always has. The law is written into the CC statute and has no effect on lawful open carry.
Therefor, you may still drink if you wish. VA tuck when you order a beer. I'll sit with you.
imported post
Cool, cool, and thanks.
I have some work to do as a 5%er if I want to get to the level of the Hells Angels (1%er). I don't think I am that BAD to the bone. I will stand pat with my hand.
I mostly drink my homebrew at home with friends and at their dwellings. Much more better for so many reasons.
This thread is demonstrative of why those ofa conservative mindset are so rarely able to organize cohesively like the mouthbreathing, spoonfed leftists. We are so eager and willing to ostracize and out each other. A pity.
Cool, cool, and thanks.
I have some work to do as a 5%er if I want to get to the level of the Hells Angels (1%er). I don't think I am that BAD to the bone. I will stand pat with my hand.
I mostly drink my homebrew at home with friends and at their dwellings. Much more better for so many reasons.
This thread is demonstrative of why those ofa conservative mindset are so rarely able to organize cohesively like the mouthbreathing, spoonfed leftists. We are so eager and willing to ostracize and out each other. A pity.
TFred
Regular Member
imported post
Tweaker wrote:
The simple fact is that this board and most of the people who live here are working to make OC something that is perceived by the general population to be regular, safe and normal. To see someone in possession of a firearm consuming a mind and body altering drug does not aid in that purpose.
You will never find support for that here, and it's not because the folks here answer to any of your silly name calling. It's because what you choose to do hurts the the end goal many here have worked very hard to achieve.
If you can't understand that, then perhaps the OCDO forum is not a place you will ever be a comfortable participant. If you can't support the stated purpose and goal here, why bother?
TFred
Tweaker wrote:
You can't make such broad assumptions like this, and expect to be anywhere near correct.
The simple fact is that this board and most of the people who live here are working to make OC something that is perceived by the general population to be regular, safe and normal. To see someone in possession of a firearm consuming a mind and body altering drug does not aid in that purpose.
You will never find support for that here, and it's not because the folks here answer to any of your silly name calling. It's because what you choose to do hurts the the end goal many here have worked very hard to achieve.
If you can't understand that, then perhaps the OCDO forum is not a place you will ever be a comfortable participant. If you can't support the stated purpose and goal here, why bother?
TFred
imported post
I thought there were laws against being under the influence of alcohol while OC'ing, but I can't find them, only laws against under the influence either while CC'ing or carrying while having a CHP, depending on how you read it:
18.2-308 subsection 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.
If you read "such handgun" as any handgun, and not a concealed handgun, it seems that a CHP holder while OC'ing who is under the influence, would be committing a crime, while someone who does not possess a CHP would not be.
If "such handgun" is only a concealed handgun, then a CHP holder OC'ing would not be subject to this statute.
Let it be known that drinking does not necessarily constitute being "under the influence of alcohol" but that it is completely up to the judgment of the LEO and perhaps the judge.
let's not discuss whether it's right nor not, just whether it's legal.
I thought there were laws against being under the influence of alcohol while OC'ing, but I can't find them, only laws against under the influence either while CC'ing or carrying while having a CHP, depending on how you read it:
18.2-308 subsection 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.
If you read "such handgun" as any handgun, and not a concealed handgun, it seems that a CHP holder while OC'ing who is under the influence, would be committing a crime, while someone who does not possess a CHP would not be.
If "such handgun" is only a concealed handgun, then a CHP holder OC'ing would not be subject to this statute.
Let it be known that drinking does not necessarily constitute being "under the influence of alcohol" but that it is completely up to the judgment of the LEO and perhaps the judge.
let's not discuss whether it's right nor not, just whether it's legal.
wylde007
Regular Member
imported post
Narcotics:
§ 18.2-308.4. Possession of firearms while in possession of certain controlled substances
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.4
I presently can't find any statute that says it's illegal to be armed and intoxicated. The charge could only be public intoxication/drunkenness.
Narcotics:
§ 18.2-308.4. Possession of firearms while in possession of certain controlled substances
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.4
I presently can't find any statute that says it's illegal to be armed and intoxicated. The charge could only be public intoxication/drunkenness.
imported post
armsareok wrote
IANAL, but it looks like drinking while OC'ing is legal. Being under the influence of alcohol while OC'ing is not an additional offense to the existing Public Intoxication offense (18.2-388), but CC'ing is an additional offense.
So if you've been drinking and are in public, you may wish to OC if possible.
Don't forget that you don't need to be breathalyzed or have a certain BAC to be charged with Public Intoxication, and people have been arrested for having one drink: http://www.city-data.com/forum/hampton-roads-area/304789-drunk-public.html
armsareok wrote
I believe the word "such" suggests that the handgun must be concealed. The section this is taken from is called "Personal protection; carrying concealed weapons; when lawful to carry." and specifically describes only concealed weapons.
IANAL, but it looks like drinking while OC'ing is legal. Being under the influence of alcohol while OC'ing is not an additional offense to the existing Public Intoxication offense (18.2-388), but CC'ing is an additional offense.
So if you've been drinking and are in public, you may wish to OC if possible.
Don't forget that you don't need to be breathalyzed or have a certain BAC to be charged with Public Intoxication, and people have been arrested for having one drink: http://www.city-data.com/forum/hampton-roads-area/304789-drunk-public.html
Glock27Bill
Regular Member
imported post
ed wrote:
ed wrote:
Agreed.
ed
Founder's Club Member - Moderator
imported post
wylde007 wrote:
wylde007 wrote:
sounds like a date. You and Tweaker do that (in VA Beach).. better yet.. do it in Norfolk.
DonTreadOnMe
Regular Member
imported post
Do we really need the negativity here? Does anyone think acrimony does the cause any good?
:uhoh:
Do we really need the negativity here? Does anyone think acrimony does the cause any good?
:uhoh:
ed
Founder's Club Member - Moderator
imported post
DonTreadOnMe wrote:
DonTreadOnMe wrote:
good point. I am done with this topic.
ProShooter
Regular Member
imported post
armsareok wrote:
armsareok wrote:
That is the correct interpretation, and that is what we teach in class when we go over the laws (although we do not advocate drinking while carrying).
imported post
TFred wrote:
OpenCarry.org
A pro-gun Internet community focused on the right to openly carry properly holstered handguns in daily American life.
I simply feel that having A drink is very much part of "daily American life." I just looked and I saw nothingthat places me as some threat to this website.
I am obviously comfortable with my life decisions (and according to BIG ed, my new life partner). That you or whomever else is clearly not, is of little concern to me.
TFred wrote:
OpenCarry.org
A pro-gun Internet community focused on the right to openly carry properly holstered handguns in daily American life.
I simply feel that having A drink is very much part of "daily American life." I just looked and I saw nothingthat places me as some threat to this website.
I am obviously comfortable with my life decisions (and according to BIG ed, my new life partner). That you or whomever else is clearly not, is of little concern to me.