Open Carry in VA Resturant


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HRT
September 18, 2004, 12:42 AM
Well folks tonight was a first for me. I open carried in a resturant that served alcohol. Here in VA we have a silly law that says that even with a CCW you cannot carry concealed in an establishment that sells alcoholic beverages for on premesis consumption. The whole story is that my wife said le'ss go to pick up my 13yo daughter at a football game. I had loaded up when I got home from work. Out the door we go, pick up the girl, drop her at her friend's house to spend the night. On the way home wifey sez lets get a bit to eat. I said fine, figuring fast food. But no she wants to try a new resturant called Rafters in our general area. In the door with my cover garment on. Well I see the ABC managers list an knew they served so Off comes the cover garmentdraped over my right arm with it tucked in tight to cover the kimber compact in a OWB holster at 3:30. Other arm covers CMC stainless mags weakside 7:00. In to the booth strong side to the wall and enjoyed a pleasant meal knowing if push came to shove I could take care of wifey and me. Nobody noticed or said anything or even seemed to notice. Even if they had they may well have figured me for an off duty LEO. Short hair clean shaven etc. It is amazing how discrete a flat non shiney pistol disappears against dark pants and shirt. Note to self: Things to do better next time. If I head out with wifey shift to IWB. Remove mag carriers and stow magsin pocket before going in any place except fast food. Dark

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QuarterBoreGunner
September 18, 2004, 12:59 AM
I'd love to have your problems...

S_O_Laban
September 18, 2004, 01:02 AM
Open carry..... VA ...... HHmmmmmm. :D :D :D (S_O_Laban ducks for cover)

BTW Attaboy HRT :)

Standing Wolf
September 18, 2004, 12:47 PM
Good for you!

I hope you're a member of VCDL, which has been doing a fine job of standing up for Virginians' Second Amendment civil rights.

It seems strange to me that so many states trust everybody to handle the matter of drinking and driving responsibly, but distrust people who are known to have clean criminal records in the matter of drinking and carrying firearms.

Curiously, Colorado, the state I live in, has no exclusion for concealed carry in places that serve alcoholic beverages; what's more, open carry is legal.

To the best of my knowledge, nobody's ever noticed my openly carried guns.

XLMiguel
September 18, 2004, 01:38 PM
The restraunt ban may be going away - Per VCDL

>
VCDL, as you know, has been taking this position all along.

2. Both a Loudoun judge and a Loudoun prosecutor agree that the
Restaurant Ban is INVALID!!!

The Loudoun Commonwealth's Attorney halfheartedly supports Delegate
Black's position that 18.2-308 J3, which prohibits concealed carry of
handguns in restaurants that serve alcohol, is not valid and is not
enforceable! Better yet, Judge Worcester wholeheartedly supports that
position!

The prosecutor dropped the charges against Dr. Thorston Hisam, a concealed handgun permit holder, in court this morning, with Judge Worcester noting the law's invalidity. Charges were originally brought against Dr. Hisam when an undercover police officer claimed to have seen Dr. Hisam carrying a concealed handgun in a Loudoun restaurant (and how exactly do you see a concealed handgun?). Six MONTHS later they RAIDED Dr. Hisam's house using the charge of violating J3 as the reason for the raid! There was a dawn RAID by 14 police officers for carrying a concealed handgun in a restaurant six months after the supposed violation? All charges have now been dismissed in a case that looks and smells like a failed vendetta against Dr. Hisam.

What does this mean?

According to a Virginia judge, the restaurant ban is not valid and is not
enforceable. It is VCDL's opinion that J3 needs to be dropped!

Does this mean you can now legally carry concealed in restaurants that
serve alcohol? Not yet. It is important that we all be patient for a
little longer.

Don't forget that the Attorney General is looking into this very matter
right now. Hopefully he will agree with Delegate Black and the Loudoun
Commonwealth's Attorney and another nail will be hammered into the
Restaurant Ban's coffin!

Majic
September 18, 2004, 06:49 PM
Glad you found out what a lot of us have known for quite a while. Other than maybe a curious glance, no one usually pay any attention to open carry.

DragonRider
September 19, 2004, 04:16 PM
I know almost always open carry in restuarants in the manner that you stated above. Has worked great for 5 months. I normally sit on the outside of the booth and not one person has said a thing about it yet.

John

Bubbles
September 20, 2004, 11:04 AM
Don't forget that the Attorney General is looking into this very matter...

Attorney General Kilgore is running for Governor next year. There's no way he will make an anti-gun ruling right before the election.

zogorion
October 22, 2004, 11:18 PM
Hello all,

I don't mean to hijack the thread, but i am military and new to the Hampton Roads,VA area and had a few questions about carrying. From reading around this board i have come to a couple of conclusions and could use some help confirming this.

1. You can open carry at all times without having your CHP as long as you are >21?

2. If you do have your CHP you can chose to open carry or to carry concealed at any time depending on your preference?

and 3. If you have your CHP and you enter an establishment with an ABC "ON LICENSE" you must open carry?


I just want to make sure I'm clear about all this stuff before i walk out my door with my pistol on my hip without my CHP. Now don't get me wrong, getting my CHP is high on my priority list, but if i can open carry in the mean time, that'd be a big relief. Thanks for the input guys

4thHorseman
October 23, 2004, 02:01 AM
3. If you have your CHP and you enter an establishment with an ABC "ON LICENSE" you must open carry?

If I remember right only if a certain percent of the resturant's sales are alcholic.
Carry open if you don't know for sure. But be advised, any owner can ask you leave because you are carrying.

4thHorseman
October 23, 2004, 02:04 AM
I didn't know I had so many brothers in arms located here in VA. Glad for it too. :)

Gordon Fink
October 23, 2004, 03:01 AM
Law-abiding to a fault. :D

~G. Fink

Gixerman1000
October 23, 2004, 04:27 AM
1. You can open carry at all times without having your CHP as long as you are >21?

Yes

2. If you do have your CHP you can chose to open carry or to carry concealed at any time depending on your preference?

Yes

3. If you have your CHP and you enter an establishment with an ABC "ON LICENSE" you must open carry?

Yes, But It was made into a big deal not long ago, the beginning of July some very pro gun laws were passed in Va and the doom and gloom people did every thing they could to spread fear, one of the laws passed stated that local laws could no longer supercede State law when it comes to firearms, Va has had a right to open carry law but some counties up North had local laws that forbid all carry until the new State law forbid them to have such laws.

There was a few guys arrested and their firearms confiscated for open carry in a restaurant after the new state law went into place but the next day their firearms were returned and all charges were dropped with a formal apology issued, after that some restaurants placed signs out front stating “NO FIREARMS” but all that has died down now.

It was just sad to see people cry about losing their rights to infringe your rights.

pauli
October 23, 2004, 01:07 PM
i remember when the atf showed up for dinner at ruby tuesday, open carrying. just like normal people, except they decided it was acceptable to use police lights as turn signals :rolleyes:

zogorion
October 23, 2004, 08:23 PM
Thanks for clarifying everything for me guys. I really appreciate all the info.
-Orion

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