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Thread: OC in VA questions, OC dinner? Staunton area (first post)

  1. #1
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    Question OC in VA questions, OC dinner? Staunton area (first post)

    I am going to be in the Staunton area in the beginning of july, from what I have read I can open carry when I am not in a vehicle ( 15.2-915.), and when I am in a vehicle the firearm needs to be in a compartment in the car or in a case ( 18.2-308 10.) However I have not been able to find a section or post stating wether or not I can OC into a restaurant that serves alcohol, but who's primary purpose is Not to serve alcohol. Does anyone have a reference to this?

    A little about me. I am 18, do not have a Concealed Handgun Permit (for obvious reasons) and I live in Florida, therefore I have no previous OC experience, but spend a lot of time in the North Carolina, Virginia area and feel the need to exercise my rights. I have done most of my research

    I will be in the Staunton area from the first to the tenth of july and would be interested in getting together with a few other OCers in the area, not sure where exactly. Any ideas?

    I cant begin to count how many websites I have been to, or how many posts I have read on the matter of OC. However I always welcome information, so anything you might have to say is appreciated.

    Thanks!

  2. #2
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    Welcome Mickloy! The Virginia Citizen's Defense League (VCDL) provides a decent summary of places you can and cannot legally carry while in Virginia.

    http://www.vcdl.org/static/ccw.html

    The document needs some updating as OC in state parks is now just fine without a CHP. While in your car you may keep your firearm in compliance concealed within the limits of the statute you just mentioned or you may keep it carried openly, preferably on your belt, provided you keep it openly borne (don't put your shirt, jacket, sweater.... over it). Some folks keep theirs in a holster on a seat or even use passenger seat belts with a holster on it, depending on how they feel like keeping it.

    Virginia law makes no differentiation on where you carry your handgun with regard to places serving alcohol, unlike Florida and some other states. You can OC into restaurants and bars (we technically have no bars because they have to sell some food, but some places definitely aren't there to be restaurants if you understand that); however, the property management and staff can tell you that you may not carry and you must abide by their rules just like anywhere else. If that happens take your business elsewhere.

    If you're going to be OCing (which you will) get yourself a decent little digital voice recorder and keep it recording at all times while OCing in case you run into troubles with police who try to be abusive. This doesn't happen very regularly here, but it happens with enough frequencey to take precautions. Something like this will do the trick and should be available in your Walmart for $30 - $40. Various other manufacturers make good ones too.

    http://www.rcaaudiovideo.com/audio/v...s/?sku=VR5320R

    You can keep it in a shirt pocket or around your neck hidden from view, or probably a dozen other ways too.
    Last edited by jmelvin; 06-05-2011 at 09:21 PM.

  3. #3
    Accomplished Advocate user's Avatar
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    First thing you need to know to get around that neck of the woods is that it's pronounced, 'Stanton', not 'Stawhnton'.

    As you've been told, we don't have bars or taverns in Virginia. I'd limit my liquid consumption to soft drinks or iced tea, though. It's flat out criminal to consume alcohol while carrying concealed, to be "under the influence" while carrying concealed, and to hunt while intoxicated. (Some folks make an issue of the fact that the statute specifically prohibits a "permittee" from being "under the influence" - however, anyone carrying concealed without a permit is committing a crime by violating the same statute, whether drunk or not.)

    One other thing - if you're a federal, state, or local law enforcement officer, then it's ok to be drunk as a skunk while guzzling alcoholic beverages in a restaurant while carrying concealed. The statute specifically says so. I call that the "drunken cop on duty" exception.

    It's also illegal to be in proximity with any place where alcoholic beverages are being manufactured without the proper licenses if one is armed (i.e., illegal to be a pistol-packin' moonshiner).

    Since you're not twenty-one yet, none of that really matters, since it's illegal for you to be in possession of alcoholic beverages anyway.

    Your biggest problem is going to be from officious intermeddlers who have the idea that you have to be 21 to carry a gun. It's illegal for a BATFE licensed dealer to sell you a gun if you're under twenty-one, but not illegal for you to own, possess, or lawfully use a gun in Virginia if you're over eighteen.
    Last edited by user; 06-06-2011 at 01:16 PM.
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    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by jmelvin View Post
    Welcome Mickloy! The Virginia Citizen's Defense League (VCDL) provides a decent summary of places you can and cannot legally carry while in Virginia.

    http://www.vcdl.org/static/ccw.html

    The document needs some updating as OC in state parks is now just fine without a CHP.
    VCDL has a new information card being prepared that includes the updates - it's an annual event.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

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

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    Jmelvin, thanks for the links, I'll be sure to look into the VCDL some more. I plan on getting this little voice recorder: http://www.amazon.com/Sony-ICD-BX800...AS/ref=lh_ni_t
    It has decent reviews, and enough life in it to leave it running.

    User, I will not be consuming any alcohol while I am up there, especially with a gun. I prefer to be 100% aware of my surroundings. I am in possession of my beautiful Glock 19 that I will be carrying in a snap holster, as I prefer these to retention holsters.

    I have heard a few people mention OC information cards, where/how can I acquire one or print one off? And what exactly is on the card?

    Thanks again

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    Campaign Veteran roscoe13's Avatar
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    Quote Originally Posted by user View Post
    As you've been told, we don't have bars or taverns in Virginia. I'd limit my liquid consumption to soft drinks or iced tea, though. It's flat out criminal to consume alcohol while carrying concealed, to be "under the influence" while carrying concealed, and to hunt while intoxicated. (Some folks make an issue of the fact that the statute specifically prohibits a "permittee" from being "under the influence" - however, anyone carrying concealed without a permit is committing a crime by violating the same statute, whether drunk or not.)
    Actually, unless it's somewhere else in the code, 18.2-308 only prohibits permittees from consuming alcohol in licensed restaurants and clubs while carrying concealed, no prohibition on consuming elsewhere while carrying conclealed. Of course, being under the influence is still illegal...

    Roscoe

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    Activist Member Wolf_shadow's Avatar
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    Quote Originally Posted by Mickloy View Post
    Jmelvin, thanks for the links, I'll be sure to look into the VCDL some more. I plan on getting this little voice recorder: http://www.amazon.com/Sony-ICD-BX800...AS/ref=lh_ni_t
    It has decent reviews, and enough life in it to leave it running.

    User, I will not be consuming any alcohol while I am up there, especially with a gun. I prefer to be 100% aware of my surroundings. I am in possession of my beautiful Glock 19 that I will be carrying in a snap holster, as I prefer these to retention holsters.

    I have heard a few people mention OC information cards, where/how can I acquire one or print one off? And what exactly is on the card?

    Thanks again
    See for an example of Ed's cards: http://forum.opencarry.org/forums/sh...=1#post1548206

    PM Ed and he will send you some. http://forum.opencarry.org/forums/member.php?30382-ed

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    Regular Member 2a4all's Avatar
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    Quote Originally Posted by roscoe13 View Post
    Actually, unless it's somewhere else in the code, 18.2-308 only prohibits permittees from consuming alcohol in licensed restaurants and clubs while carrying concealed, no prohibition on consuming elsewhere while carrying conclealed. Of course, being under the influence is still illegal...

    Roscoe
    Mickloy can't drink nor be a permittee because he's under 21. He can only OC.

    Welcome to the forum, Mickloy.
    Last edited by 2a4all; 06-08-2011 at 11:56 PM.
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

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    Campaign Veteran skidmark's Avatar
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    from what I have read I can open carry when I am not in a vehicle ( 15.2-915.), and when I am in a vehicle the firearm needs to be in a compartment in the car or in a case ( 18.2-308 10.)
    Not absolutely correct. You can open carry just about anywhere that carry of a handgun is not prohibited*. You may [i]also[/] place your handgun in either a secured** glovebox or secured** center console without needing to have a Concealed Handgun Permit.

    stay safe.

    *with the changes of laws and regulations within the Virginia Administrative Code happening so fast these days I am (sad to say) a bit fuzzy on keeping straight the few places or times when cc is permitted but oc is not, or where oc is still not allowed. Mostly that involves National Forests, State Forests, and DGIF/Wildlife Management areas. If you are sure you will not be going to those locations you can relax and just not worry about the current complexity of the situation.

    **secured seems to mean closed in such a way that it will noty fly open. There is no requirement that a key lock be involved. Although there are obvious risks involved, you might, for example, do this when going inside one of the Visitor Centers along the Skyline Drive.

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