question about new law - prohibit cc while sitting at the bar area

TFred said:

First, I don't drink. Second, I very much agree that nobody wants to be the test case here.

Having said that, maybe the letter of the law is conflicting.

"who carries a concealed handgun onto the premises"

This could just have easily been worded:

"who, while carrying a concealed handgun upon the premises"

That changes the meaning drastically, and if that were the law, would bring it more in line with what you are trying to say. But it isn't written that way.

Sadly, only because I don't like judges writing laws, I am afraid that it is going to come to that one day, a judge finishing the job that the legislature didn't.

TFred

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ODA 226 said:

TFred,
I know you don't carry and drink. Neither do I. I was addressing jofrdo's comment about you being a test case. Sorry for the confusion!

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TFred said:

J3. No person who carries 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 may consume an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor

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Doug Huffman said:

If'n you want shine then for goodness sake don't buy it commercial/retail.

We have recently visited friends in Connestee Falls, NC, that like to hike. They've showed us many, a half dozen or more, old abandoned stills.

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paramedic70002 said:

While a shothouse serving corn squeezings may seem the perfect place to CC and consume alcohol per this particular law, I will venture to guess that there are some other sticking points involved. :shocker:

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Citizen said:

So, if the restaurant or club is selling alcohol without an ABC license, I'm in the clear!

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TFred said:

I didn't infer that at all! I only included that as more of an "I don't have a dog in this hunt" sort of way.

TFred

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peter nap said:

It's an interesting question but I'd like to interject a real life answer.

When the helmet law was passed, many of us who were much smarter than the system, looked at the statute that simply said you had to wear one.

So we started wearing them on out knees.
I got a ticket as did everyone else that did it. But, But Officer...the law says...

Officer "Tell it to the Judge"

Judge "guilty"

But, But Judge, the law says....

Judge "tell it to the circuit Judge"

I had better sense than waste money of an appeal but others did and the circuits said people have enough sense to know where a helmet should be worn.

someone even took it to the Supreme court I think and lost.

Bottom line is, if you're caught doing the switch and drink, expect to be charged and convicted at least in the lower courts.

Appeals are expensive and the GA will only make the law more restrictive if it is overturned.

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JamesCanby said:

Now, if that barkeep in Richmond somehow infers that I'm CCing -- maybe my jacket gapped open -- and tells the cops that I ordered and he served me an alcoholic beverage, then the cops have a problem ... who to believe?

All I have to that is get your reciepts. He can say you violated the law all day, but if you have a reciept that says otherwise he would be guilty of a false report!

CC'ing as the DD, order your COKE and GET THE RECIEPT!

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virginiatuck said:

"Club" means any private nonprofit corporation or association which is the owner, lessee, or occupant of an establishment operated solely for a national, social, patriotic, political, athletic, or other like purpose, but not for pecuniary gain, the advantages of which belong to all of the members. It also means the establishment so operated. A corporation or association shall not lose its status as a club because of the conduct of charitable gaming conducted pursuant to Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2 in which nonmembers participate frequently or in large numbers, provided that no alcoholic beverages are served or consumed in the room where such charitable gaming is being conducted while such gaming is being conducted and that no alcoholic beverages are made available upon the premises to any person who is neither a member nor a bona fide guest of a member.

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