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HB 797: Carrying a handgun while under the influence of alcohol or drugs; penalty.

TFred

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Oct 13, 2008
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Most historic town in, Virginia, USA
HB 797: Carrying a handgun while under the influence of alcohol or drugs; penalty.

Carrying a handgun while under the influence of alcohol or drugs; penalty. Creates a Class 1 misdemeanor for any person carrying a handgun in a public place while under the influence of alcohol or drugs and prohibits a person from obtaining a concealed handgun permit for five years following such a conviction. The prohibition applies regardless of whether the person is carrying the handgun openly or concealed. Current law makes it a Class 1 misdemeanor to carry a concealed handgun in a public place while under the influence of alcohol or drugs, but does not speak to openly carrying a handgun while under the influence.


Morrissey. Need say no more. As best I can determine, this would be the first statute in the Code of Virginia that explicitly addresses "open carry" of firearms.

TFred
 

paramedic70002

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Jun 14, 2006
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1,440
Location
Franklin, VA, Virginia, USA
I'm in the middle on this one, however, define "under the influence." Is it .08 like for DUI or some other standard? Will an odor of alcohol be Probable Cause for arrest? Will you have to go to the PD to take a Breathalyzer or the ED for a blood draw? What about on your own property? "Public place" could be your front yard/sidewalk or common area.
 
Last edited:

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
I'm in the middle on this one, however, define "under the influence." Is it .08 like for DUI or some other standard? Will an odor of alcohol be Probable Cause for arrest? Will you have to go to the PD to take a Breathalyzer or the ED for a blood draw? What about on your own property? "Public place" could be your front yard/sidewalk or common area.
Here is what you can be sure of: If there is no definition in the code, then for some percentage of people, one sip of wine or swig of lite beer will be all it takes for an LEO with an attitude to make the arrest.

TFred
 

45acpForMe

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Joined
Nov 21, 2008
Messages
2,805
Location
Yorktown, Virginia, USA
I hope this bill gets killed fast.

Again they criminalize "carrying" of a handgun with no criminal intent with a vague easily abused standard!!!

There are already laws against public drunkeness, brandishing, and other things where "criminal intent" is present.

I already can't drink since I CC my BUG. They should kill that law too while they are at it.
 
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