Thundar
Regular Member
Agree, that is why it is better to open carry in a bar, er restaurant.
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VA Gun Rights Pamphlet Updated Again
- Thread starter carsontech
- Start date
Agree, that is why it is better to open carry in a bar, er restaurant.
TFred
Regular Member
You may be right, but it's going to take your cross-examination of the arresting officer in court, "Officer did you see me enter the establishment carrying a concealed handgun?" and then relying on the officer remembering that in court, under oath is one of those special times when they aren't allowed to lie, in order for you to avoid conviction.
TFred
roscoe13
Campaign Veteran
And relying on the remote possibility that even if he remembered it would stop him from lying....
Roscoe
TFred
Regular Member
Oh but we've been assured all LEOs act only with complete integrity, so if per chance one did happen to mis-speak while under oath, I'm sure it would be only a matter of forgetting where they are at the time........
TFred
Steeler-gal
Regular Member
WHY would you switch from OC to CC?
roscoe13
Campaign Veteran
Why someone might do so is totally unrelated to whether or not it'd be legal...
Roscoe
2a4all
Regular Member
And if s/he answered in the affirmative, how would their response be truthful?
TFred
Regular Member
It would be an extraordinary set of circumstances, yes, but it is possible that a LEO could have watched you walk in, and noticed that you were not openly carrying, but then later saw that you were. Not a slam dunk, especially if you had others in your party who could have been carrying the gun concealed, and might have passed it off to you after arriving.
Not at all likely, but not impossible. I would say that if a conviction under those circumstances were to ever occur, it would be pretty good proof that the system was corrupt.
TFred
Hankypanky
New member
I could be wrong?
The part about CC or OC in a bar or restaurant is wrong you can carry as long as you don't drink.:question:
The part about CC or OC in a bar or restaurant is wrong you can carry as long as you don't drink.:question:
roscoe13
Campaign Veteran
Actually it is correct the way it is worded: "It is unlawful to drink alcohol while carrying concealed in a restaurant or club. (§18.2-308.J3)"
What remains is that it is legal (no law against it) to OC and have an adult beverage - not my recommendation, but perfectly legal.
Also there are no bars in Virginia - establishments devoted solely/primarily to alcohol sales.
Liquor by the drink is sold in restaurants who must meet the standards for food sales per ABC laws.
http://www.abc.virginia.gov/newsletter/pdf/LicSprSum2009.pdf
roscoe13
Campaign Veteran
I was responding only to the text in the previous post, not the contents of the pamphlet.
A purely semantic distinction which is totally irrelevant to the discussion at hand. A rose by any other name....
Roscoe
Look at my post and the quote again - I wasn't responding to you at all, but to Hankypanky
Words have meaning. We do try to use the correct terminology. Some state have bars and restaurants - Virginia does not.
It is also part of the legalize from the Code of Virginia and the ABC rules.
roscoe13
Campaign Veteran
Look at my post and the quote again - I wasn't responding to you at all, but to Hankypanky
Words have meaning. We do try to use the correct terminology. Some state have bars and restaurants - Virginia does not.
It is also part of the legalize from the Code of Virginia and the ABC rules.
Point taken, my bad...
Roscoe
Nah, no bad. We all read too quickly sometimes, myself included. We're both still part of the good guy's team
BTW - always liked your screen name. I envision an old black and white movie where Humphry Bogart calls his gun his roscoe....and the 13 being unlucky for the bad guy.
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2a4all
Regular Member
This (the bold part) is true, but the actual wording of the statute "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..." precludes switching from CC to OC while on the premises and then drinking. Perhaps the wording could be "The concealed carry of a handgun into a restaurant or club prohibits you from consuming alcohol while on such premises..."
TFred
Regular Member
The section of code is a mess. What you say is true, but the opposite has been the subject of much debate: what if you OC as you enter the establishment, then as soon as you are inside the door, you CC? Technically the code does not address that.
The whole thing needs to be rewritten from scratch.
TFred
Nope - it needs to be rescinded - totally.
Commonwealth Attorneys as well as some other "more equal" personages can CC and have a glass of wine. We, the citizens of Virginia, should not be told we are less trust worthy.
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TFred
Regular Member
Well, yeah that would be the first choice... I meant if it were to be corrected to make sense and keep the original intent.
TFred