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Virginia: Drinking at an "Establishment" while open carrying: Legal?

ProShooter

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I would agree most gun shop owners/mgrs and employees either aren't VCDL members because they don't care enough about 2A rights or they don't know about VCDL. My guess is the prior.:cry:
Same goes for a slew of CHP instructors, meet a few at the Fisherville and Harrisonburg gunshows.


Sadly, this is true.

I try to make sure that every one of my students gets a VCDL brochure/app put into their hands in every class. I can't say that we've added to the numbers, but we try.
 

ryan7068

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Carrying and drinking

I agree the safest way to go is definitely to not handle a firearm if your going to drink anything. I also subscribe to people being held accountable for their actions, intoxicated or not. I would also say that most vendors would likely decline to serve you if they noticed you carrying. I have however a few people open carry and being served at a primarily biker bar....that was interesting:uhoh:

I do on seldom occassions have one, two, three beers throughout a saturday afternoon if workin around the house or at a friends providing they have no problem. If I know I am going to be making a evening out of it or im looking to get my "college kid" on, my firearm is locked up plain and simple. Again, I don't expect anyone to neccessarily agree with this method, I am confident in it's application to me and have never been concerned.
 
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Grapeshot

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There is a decided difference between indulging at home and going to a restaurant - in public view. Not anything illegal, just not considered good form by most here. YMMV

Not judging and not criticizing those that might have a wee sip - just reporting that perceptions are what perceptions are.
 

ryan7068

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Good call Grapeshot. I kinda strayed off topic. Quite true though, it can definitly make you look bad especially to those who are already are concerned that you are carrying. Appearing wreckless as well isn't gonna instill confidence.
 

wylde007

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I would also say that most vendors would likely decline to serve you if they noticed you carrying.
I would have to categorically say that you are mistaken.

The only places who would refuse to serve you alcohol are the ones who would refuse you service in its entirety.
 

Walt_Kowalski

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Ashburn, Virginia, USA
I rarely drink myself, but have been known to have a glass of wine or a beer while having dinner out in a restaurant. Anything in moderation is OK with me, I don't have the stigma that if I have a drop of alcohol in my system, I'll suddenly become rashly irresponsible with my firearms.

Its legal to drink and OC in VA. Lets keep it that way since there is not a rash of 'blood in the streets' from OC'ers drinking at restaurants.
 

Bowesmobile

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Powhatan, Va
I rarely drink myself, but have been known to have a glass of wine or a beer while having dinner out in a restaurant. Anything in moderation is OK with me, I don't have the stigma that if I have a drop of alcohol in my system, I'll suddenly become rashly irresponsible with my firearms.

Its legal to drink and OC in VA. Lets keep it that way since there is not a rash of 'blood in the streets' from OC'ers drinking at restaurants.

I dont drink personally. But if someone is in moderation consuming, then I have no issue with them carrying.
 

USNA69

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Norfolk, Virginia, USA
Like most of you ... I avoid alcohol, when I am carrying. I even worry about gargling with mouthwash (Listerine is 21.6% alcohol ... over 40 proof).

If you have occasion to discharge your firearm, no matter how legally justified, and you register above zero BAC, the newspaper and TV news reports will probably begin, "Drunken gunman slays ...". The prosecutor, the other guy's attorney, and the jury will likely brand you a reckless gunslinger.

Yet, we can legally operate an arguably far more deadly weapon (a motor vehicle), as long as the BAC is less than 0.08% in Virginia. Even if the motorist exceeds that limit, he will likely be permitted to drive again sometime in the future.

Depending on your weight, 0.08% equates to 2 to 6 beers. See instructive chart: http://dui.drivinglaws.org/drink-table.php

What is my point? Public perception and its bias against legally carried firearms and in favor of partially inebriated motorists.

Until that perception changes, it is best to stick with the sarsaparilla, when carrying.
 

ed

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I rarely drink myself, but have been known to have a glass of wine or a beer while having dinner out in a restaurant. Anything in moderation is OK with me, I don't have the stigma that if I have a drop of alcohol in my system, I'll suddenly become rashly irresponsible with my firearms.

Its legal to drink and OC in VA. Lets keep it that way since there is not a rash of 'blood in the streets' from OC'ers drinking at restaurants.

I don't drink. In speaking about this subject with user (Dan Hawes).. and maybe he will chime in.. he passed on to me that since there is no LIMIT for alchohol and OC (unlike driving) a "drop" could be considered "under the influence" and chargeable.

I would like the law changed still. If a BG decides he wants to attack a person in a restaurant.. just look around and make sure you attack someone that had a glass of wine because you can be SURE that they were not carrying.
 

MagiK_SacK

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I don't drink. In speaking about this subject with user (Dan Hawes).. and maybe he will chime in.. he passed on to me that since there is no LIMIT for alchohol and OC (unlike driving) a "drop" could be considered "under the influence" and chargeable.

I would like the law changed still. If a BG decides he wants to attack a person in a restaurant.. just look around and make sure you attack someone that had a glass of wine because you can be SURE that they were not carrying.

I've been trying to say away from commenting on this because I know it will stir the pot. I definitely understand where you are coming from. To be clear I do understand the possible impression that you may give off when consuming a frosty beverage while OC. That being said I have to disagree to an extent. When I am out at a restaurant, and I chose to have a beer with my dinner while OC, that is up to me and no body else. The guy sitting at the bar getting sloshed while OC on the other hand is just a bad idea, but as well his choice(not something I would do). I know what one beer will do to me, as well as in the realm of two or more. So I know that when carrying one is my limit because I don't want to loose any ability to properly defend myself if need be. Two or more I am most likely going to be a useless shot so leaving it at home is the best choice in that instance. Which really more than one beer while out to me just isn't worth what it cost, so I mostly just stick to one. As far as the guy at the bar getting sloshed, IMO and I am sure others, that is just a horrible idea. One if you need it good luck hitting your target. Two if you do manage to hit your target good luck trying to make a strong self defense case. Of course there is the public perception thing. Yes, perception is everything, I have gone through it so I completely understand it. Lets face it though, we live in a world of judgmental people. What is the difference between ordering a beer and a soda? For all the person who is judging you knows you are drinking a rum and coke. Even though the glasses they are served in may be different. Not all, but a good number of people we live with now a days are just sheep in the herd. That is why they perceive things the way they do. Not because they are right. They have no right judging you. People are too busy judging other people rather than looking at the things they do that are just plain stupid. As well, what is the honest difference between having one or two(depending on the person who knows what their limit is) beers while carrying, and having just one or two and getting in the car to drive home. You may be under the legal limit and OK to drive but if they(people in general) perceive one as safe and the other as dangerous that just makes no since. What is the difference? Both objects have the potential to be used to kill somebody. I just don't get it. I think it is unfair to say that the person who enjoys having a beer with their dinner while OC is a dangerous person.

I know I am asking for a good back lash by posting this, but this is just MHO.

Just a side note please don't read this in an angry tone, because this just isn't a response out of anger. As well, ed this is not directed at you. I have a great deal of respect for you and the others that have contributed to making VA Gun laws what they are today. Your post was just the most recent, and I just felt it necessary to voice MHO on the subject matter.
 
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Chaingun81

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I've been trying to say away from commenting on this because I know it will stir the pot. I definitely understand where you are coming from. To be clear I do understand the possible impression that you may give off when consuming a frosty beverage while OC. That being said I have to disagree to an extent. When I am out at a restaurant, and I chose to have a beer with my dinner while OC, that is up to me and no body else. The guy sitting at the bar getting sloshed while OC on the other hand is just a bad idea, but as well his choice(not something I would do). I know what one beer will do to me, as well as in the realm of two or more. So I know that when carrying one is my limit because I don't want to loose any ability to properly defend myself if need be. Two or more I am most likely going to be a useless shot so leaving it at home is the best choice in that instance. Which really more than one beer while out to me just isn't worth what it cost, so I mostly just stick to one. As far as the guy at the bar getting sloshed, IMO and I am sure others, that is just a horrible idea. One if you need it good luck hitting your target. Two if you do manage to hit your target good luck trying to make a strong self defense case. Of course there is the public perception thing. Yes, perception is everything, I have gone through it so I completely understand it. Lets face it though, we live in a world of judgmental people. What is the difference between ordering a beer and a soda? For all the person who is judging you knows you are drinking a rum and coke. Even though the glasses they are served in may be different. Not all, but a good number of people we live with now a days are just sheep in the herd. That is why they perceive things the way they do. Not because they are right. They have no right judging you. People are too busy judging other people rather than looking at the things they do that are just plain stupid. As well, what is the honest difference between having one or two(depending on the person who knows what their limit is) beers while carrying, and having just one or two and getting in the car to drive home. You may be under the legal limit and OK to drive but if they(people in general) perceive one as safe and the other as dangerous that just makes no since. What is the difference? Both objects have the potential to be used to kill somebody. I just don't get it. I think it is unfair to say that the person who enjoys having a beer with their dinner while OC is a dangerous person.

I know I am asking for a good back lash by posting this, but this is just MHO.

Just a side note please don't read this in an angry tone, because this just isn't a response out of anger. As well, ed this is not directed at you. I have a great deal of respect for you and the others that have contributed to making VA Gun laws what they are today. Your post was just the most recent, and I just felt it necessary to voice MHO on the subject matter.

No anger from me, except please break up your future posts in manageble paragraphs so one can read it without putting a finger on the screen. ;-)
 

Chaingun81

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I don't have an issue with responsible drinking and carrying. I know that my judgement doesn't change with alcohol, but I also know a lot of people who are different. Aim and ability to safely handle is whole different story, but it shouldn't be affected for an average adult from one or two drinks.

Personally, I never drink and carry outside the house. There have been several, although rare, occasions when I would have one drink with dinner and then carry afterwards, but never at the same time, primarily for the perception sake. At home, different story. I'm not going to give up my right to defend my life in my own house just becasue I decide to have a drink or two or even more. If someone breaks the door in the middle of the night, I'm not going to lock up my gun away from myself just because I had a few glasses of wine with dinner in my own house.
 

Tess

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The original question was "is it legal?"

The answer is yes, it is legal.

Many think it is bad form. That's fine too. As with many other issues, we all as individuals have to make the choices we make, and to live with the consequences of those choices. Those who frequent this forum may realize that we choose to do something that may cause others to be painted with a broad brush, but that's another consequence of our choices.

Where to draw the line is one of those subjects that could go on for pages, solely on opinion.
 

ryan7068

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I would have to categorically say that you are mistaken.

The only places who would refuse to serve you alcohol are the ones who would refuse you service in its entirety.

you're right wylde, i was beig presumptuous . I just haven't tested it yet :)
 

IanB

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Sadly, this is true.

I try to make sure that every one of my students gets a VCDL brochure/app put into their hands in every class. I can't say that we've added to the numbers, but we try.

Regardless of numbers added to the VCDL rolls, the information is put out there for them to digest or ignore. Kudos to you James.
 

WhatTimeIsIt?

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I used to drink while openly carrying on occasion. I don't anymore, not because there's anything inherently wrong with it, but because I just don't drink very much anymore. Having one drink, even two, wasn't going to be enough to affect me with any significance, especially with a meal. Sure, there is the public perception aspect, but that's not something that concerns me. I mean really, people ought to see how you can have a drink while carrying and then proceed to continue peaceably.
 

ed

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ed this is not directed at you. I have a great deal of respect for you and the others that have contributed to making VA Gun laws what they are today. Your post was just the most recent, and I just felt it necessary to voice MHO on the subject matter.

I am not upset with your post.. and that was not my opinion I posted.. those were the words that Dan Hawes told me. I don't drink so the point is moot as far as I am concerned. I think it sends the wrong message, but that's just me... and because of that message, I ask those that attend the events that I HOST to not do so.
 

nuc65

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1) The way the law reads as noted in the first post if you are 'permitted' to carry concealed then you may not consume alcohol.

2) There is a statute (I will have to search for it) that mentions being intoxicated and possessing a weapon. I think that it has been discussed before that there is no provided definition of intoxicated.

I would consider both these items and perhaps the public's perception before imbibing. I might drink a beer on my front porch but perhaps not at a restaurant. To those who don't care what the public thinks then I suggest the attitude be tempered with a slight bit of common sense. The public-at-large can vote also. If you are one of those who comes off as an arrogant over-bearing 'I don't care what you or anyone else thinks' type then you aren't going to get this message. If you do get the message then you probably know I'm preachin' to the choir.
 

vt800c

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Thank you for posting this!

I actually had the same question, but did not want to ask it. For MY PERSONAL CHOICES, I think I will follow the same rules for drinking and OC as I have for drinking and riding my motorcycle: 1 drink/day. Then water or coke. Period. (note: these are my personal limitations...YMMV) And, as I usually only OC when I am riding my bike, they seem to work together pretty well.

Thanks for bringing this topic out in the open. I know there are people that don't like firearms. There are people that don't like drinking. There are people that don't likce cigars and red meat. I am NOT one of them!
 
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