VA Carry -- Confirmation Sought

[ForeignDude]

If a restaurant serves alcohol, you must carry openly, right?

If the restaurant doesn't even have a liquor license, then concealed carry is kosher, correct?

There isn't some stupid law on the books that prohibits concealed carry in the no-liquor-license restaurant if the business two doors down the block sells alcohol for off-premises consumption, is there? (Don't laugh! If there is one thing I've learned, it is this: if it involves regulation of firearms, there is no idea so ridiculous that it has not been proposed or enacted somewhere, or will soon be put forward for consideration.)

 

[748]

That is how it sounds. I think it makes the point of the alcohol being served there at that bar.
If they are serving alcohol 2 buildings down and some lush brings a 2x shot to a non serving place that would be considered drinking in public at that point the person is most likely intoxicated any way and they would be drunk in public too. The other guy would be breaking the law, a law that is enforced with a night in jail and maybe $150 in tickes and a hang over compounded by sleeping if off on a concreat floor.
In some counties in VA they are dry untill a certain time of day. To me it sounds ok to CC if they are not serving. But I wouldn't push it that far any way.
If you work in a alcohol serving place you can CC at least last time I checked.

 

[Bubbles]

If you are in an establishment that has an ABC license to serve alcohol for on-premises consumption, then open carry.

You can carry concealed at:
- Convenience and grocery stores that sell beer and wine for off-premises consumption,
- Private functions, such as a wedding reception or corporate event, where alcohol is being served (though the people hosting it could prohibit it),
- Restaurants that do not have an ABC license (e.g. McDonald's or Waffle House).

 

[30 cal slob]

VA Department of Alcoholic Beverage Control letter regarding open carry in licensed establishments that serve alcohol:

http://www.vcdl.org/letters/ABC_Letter.pdf


a nice summary of your VA gun rights from the kind folks at opencarry.org

http://opencarry.mywowbb.com/forum61/3356.html

 

[748]

I see it says: "serving alcoholic beverages" (in the act of).

 

[JohnBT]

I wouldn't make too much of the ABC wording. The VA law says you can't carry if the restaurant OR CLUB has an ABC license. If a club, a private outfit as opposed to a public restaurant/bar/etc., serves alcohol you can't carry. My understanding is that if a radio station rents a park, books some bands, and gets a beer license to sell beer for one day then you can't carry. ABC does issue event licenses.

From the State Police site:

"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; however, nothing herein shall prohibit any sworn law-enforcement officer from carrying a concealed handgun on the premises of such restaurant or club or any owner or event sponsor or his employees from carrying a concealed handgun while on duty at such restaurant or club if such person has a concealed handgun permit."

 

[mobeewan]

"I wouldn't make too much of the ABC wording. The VA law says you can't carry if the restaurant OR CLUB has an ABC license."

As stated in the ABC letter you can't carry concealed, even if you have a permit. You can carry open if the owner doesn't have a problem.

Virginia law 18.2-308.J3 does not say anytining about open carry. It only addresses concealed handguns. That is why the letter was written, to responded to a question regardind open carry.

"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; however, nothing herein shall prohibit any sworn law-enforcement officer from carrying a concealed handgun on the premises of such restaurant or club or any owner or event sponsor or his employees from carrying a concealed handgun while on duty at such restaurant or club if such person has a concealed handgun permit."

However, that doesn't mean the cops can't harras you and make you leave the bar or restaurant by making the owner tell you to leave after you have been in the establishment for 45 minutes like they did to the "Manassas Seven" in Manassas, Va. Another customer called the cops after he left because he did not like them carrying and he "did not feel comfortable".

 

[JohnBT]

I was responding to the statement about ""serving alcoholic beverages" (in the act of)." You can't carry concealed even if the licensee isn't 'serving' while you are there.

Now that I read the letter I see that the word "serving" does not even appear in the letter. Nevermind.

John

 

[ForeignDude]

No License...

The restaurant I alluded to in my OP doesn't have a license to serve alcoholic beverages. As is my understanding of the law (hence my request for confirmation), I am OK to carry concealed, right?

 

[748]

Sounds like they are good as long as they don't get an alcohol license.

 

[twigs]

Your questions make me wonder if you have a Virginia Concealed Handgun Permit. As an ordinary citizen, to carry concealed in a place with alcohol, you not only must have a permit, you also must be in a place 1) not licensed for on-premises consumption (that includes both on-premises and on/off-premises) and 2) not posted to ban handguns. Watch out for some "deli-restaurants" where people can buy for on-premises consumption and/or buy to take out. If you have a permit, then you can carry concealed in places where they sell ONLY for off-premises and are not posted. However, to carry openly, you don't need a permit. As long as the premises aren't posted to ban handguns, you can carry openly whether they sell for on-premises or otherwise.