Question about Virginia law... (restaurant ban)

[BrokenPaw]

The way I read the relevant Virginia Code, it basically says the following:

Carrying a concealed weapon in Virginia is illegal, and is a Class 1 Misdemeanor for your first offense, then a Class 6 Felony, then a Class 5 Felony for subsequent convictions. (§ 18.2-308, Paragraph A)

You can apply for a permit to carry a concealed handgun (§ 18.2-308, Paragraph D), which essentially grants you an exemption from Paragraph A, under certain circumstances.

"No person shall carry a concealed handgun onto the premises of any restaurant or club...[and so on]" (§ 18.2-308, Paragraph J3).

The Code specifically defines carrying on school property as a Class 6 Felony, but the section prohibiting concealed carry in bars and restaurants makes no mention of what level of offense it would be, if one should happen to do it.

Does that mean that it defaults back to the severities listed in Paragraph A (Misdemeanor 1 for first offense, then Felony 6, then Felony 5)?

Any ideas?

-BP

 

[Smurfslayer]

some thoughts

Negative BP.

18.2-308 A lists the offense and punishment generally.

pagagraphs B & C list "exceptions to prosecution" for all of 18.2-308 EXCEPT section J1 - carrying while intoxicated or high.

Section D lays out the procedure for a citizen to be issued a permit to carry a concealed firearm - there is no law generally in VA which prohibits open carry. Because section D is not an exemption to prosecution under this statute, it is not an exemption to prosecution under 18.2-308.1 - possessing a firearm on school property. The sections are not exactly equal. If you have a VA or "reciprocal" permit, you are deemed to have permission to carry a handgun in VA - not a knife, or any other weapon enumerated in paragraph A.

You ask what penalty would be involved if convicted of carrying concealed in a restaurant or club, and yes, paragraph A defines what would happen...

HTH

 

[BrokenPaw]

You ask what penalty would be involved if convicted of carrying concealed in a restaurant or club, and yes, paragraph A defines what would happen...

Thanks, Dave! That was the primary thing I was asking about.[0]

-BP

[0] Some have said that I have a tendancy to ramble.

 

[TarpleyG]

I'm still trying to figure out why it is illegal to carry a gun in a restaraunt to begin with. The way I see it is as long as you aren't drinking, why should it matter? I think it was a way to make the law pass; you know, putting the sheeple's minds at ease and all.

GT

 

[BrokenPaw]

TarpleyG,
You're partially right. When Virginia's Concealed-Carry law was in the process of being revamped from a May-Issue to a Shall-Issue law, the Association of Restauranteurs (or whatever it's called) did much hand-wringing at the state legislature, about how guns and alcohol don't mix[0], and how having law-abiding citizens allowed to carry concealed into restaurants would cause disasters of biblical proportions[1].

So to shut them up, the law was modified to make concealed carry in alcohol-serving establishments illegal.

What they had neglected to pay attention to was the (already existing) Vriginia open-carry laws, which allow open carry pretty much anyplace, and which make no mention of bars or restaurants at all.

This is why we have the current, daft situation.

Interestingly, it's illegal to carry openly into a Virginia Alcoholic Beverages Commision store, but legal to carry concealed there.

-BP

[0] Which is true
[1] Which is not