beachpatriot13
Regular Member
Is there anything on the book that would prohbit cc while sitting at the bar area of a resturant
Is there anything on the book that would prohbit cc while sitting at the bar area of a resturant
Is there anything on the book that would prohbit cc while sitting at the bar area of a resturant
You can have alcohol in your system TJ. It is still illegal to be intoxicated while carrying a firearm regardless of OC/CC. The problem is 'intoxicated' is undefined, so it is up to officer discretion.No, provided you are legally possessing the gun and not consuming alcohol (or have alcohol in your system IIRC - don't quote me on this bit)
You can have alcohol in your system TJ. It is still illegal to be intoxicated while carrying a firearm regardless of OC/CC. The problem is 'intoxicated' is undefined, so it is up to officer discretion.
J3 specifically says CONSUME ON PREMISES. It is perfectly legal to drink while CCing off premises. (As long as you don't become 'intoxicated').
+1That is an interesting observation, Joe.
Remember you can still OC. And consume alcohol while OCing. If the barkeep lets you...
Nice analogy.True enough. Each person decides what fits their bounds of propriety in view of the public image they are projecting. I choose to not tatter my cloak, least it not protect me from the elements.
Just for kicks, the relevant part of the law went from:
J3. No person shall carry 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;to:
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.
TFred
Do you expect an answer? It's not explicitly covered in the statute, and there obviously hasn't been time for a case yet... I suppose your guess would be as good as anyone else's!What if you OC onto the premisis and conceal later?
What if you OC onto the premisis and conceal later?
The letter of the law would allow it.
First, I don't drink. Second, I very much agree that nobody wants to be the test case here.I disagree. The law states:
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.
Big grey area, yes. If you OC'd and drank at one establishment and then left and CC'd at another, I think you'd be ok. But if you drank while OC and then concealed at the SAME place, I think you'd be opening yourself up for a trip to jail because you have consumed alcohol on the SAME PREMISES....I wouldn't want to be the wind-test dummy.
That is an interesting observation, Joe.
Many of us have been saying , for brevity I think, that it is illegal to consume while CCing - t'aint necessarily so. It is only a violation in a club, restaurant etc. that is licensed to sell for on premises consumption.
Though I am a little hard pressed to define locations where CC would be legal while consuming other than at a neighbors BBQ or similar, it is a point worth remembering.