This started in the Washington State forum thread "After how many drinks is carrying a no-no?". I want to talk about it in the Virginia forum.
Americans treat alcohol in a very odd way. Culturally, we're morons when it comes to alcohol. We behave poorly when we consume it. This is the reason why so many people have had "No drinking and shooting" drilled into their heads. This is not the case in Europe. There are gun ranges with bars. You'll see people drinking beer and then go shooting. I don't drink and carry in public places. If I ever do drink while carrying, I limit it to exactly one drink and do not leave private property until at least one hour after I finish the drink.
That said, Virginia law is very specific. It is a misdemeanor to be intoxicated in public (18.2-388). A person with a permit to carry a concealed handgun is subject to this:
Note the conditions:
You must:
1) Have a permit to carry a concealed handgun.
2) Be in a public place.
3) Be intoxicated. I am not sure what the definition of "under the influence" is.
The good news is that you can carry concealed in restaurants and bars if you do not drink.
My questions are:
1) What is the legal definition of "intoxicated" in Virginia?
2) What is the legal definition of "under the influence" in Virginia?
3) Since a permit to carry a concealed handgun changes how the law treats someone, how does this affect open carry? Is a person openly carrying a gun, who has no permit to carry a concealed handgun, merely subject to 18.2-388 (public intoxication)? Does a person with a concealed carry permit have a different definition of "intoxication" while open carrying? If so, what is that definition?
Citations:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308. Section J1.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-388
Americans treat alcohol in a very odd way. Culturally, we're morons when it comes to alcohol. We behave poorly when we consume it. This is the reason why so many people have had "No drinking and shooting" drilled into their heads. This is not the case in Europe. There are gun ranges with bars. You'll see people drinking beer and then go shooting. I don't drink and carry in public places. If I ever do drink while carrying, I limit it to exactly one drink and do not leave private property until at least one hour after I finish the drink.
That said, Virginia law is very specific. It is a misdemeanor to be intoxicated in public (18.2-388). A person with a permit to carry a concealed handgun is subject to this:
J1. Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor. Conviction of any of the following offenses shall be prima facie evidence, subject to rebuttal, that the person is "under the influence" for purposes of this section: manslaughter in violation of § 18.2-36.1, maiming in violation of § 18.2-51.4, driving while intoxicated in violation of § 18.2-266, public intoxication in violation of § 18.2-388, or driving while intoxicated in violation of § 46.2-341.24. Upon such conviction that court shall revoke the person's permit for a concealed handgun and promptly notify the issuing circuit court. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.
Note the conditions:
You must:
1) Have a permit to carry a concealed handgun.
2) Be in a public place.
3) Be intoxicated. I am not sure what the definition of "under the influence" is.
The good news is that you can carry concealed in restaurants and bars if you do not drink.
My questions are:
1) What is the legal definition of "intoxicated" in Virginia?
2) What is the legal definition of "under the influence" in Virginia?
3) Since a permit to carry a concealed handgun changes how the law treats someone, how does this affect open carry? Is a person openly carrying a gun, who has no permit to carry a concealed handgun, merely subject to 18.2-388 (public intoxication)? Does a person with a concealed carry permit have a different definition of "intoxication" while open carrying? If so, what is that definition?
Citations:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308. Section J1.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-388
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