To CC or not to CC that is my question
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Thread: To CC or not to CC that is my question

  1. #1
    Join Date
    Jul 2011
    Location
    Hampton Roads, Virginia
    Posts
    13

    To CC or not to CC that is my question

    Question:
    I enter a restaurant that serves alcohol and I am conceal carrying, must I expose myself(firearm) or can I continue on with it concealed? I would much rather keep it out of sight than let the world know I am armed. I do not drink alcohol by the way and I possess a CHP.

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  3. #2
    Depends on the laws of your state. In TX if the business's income from alcohol sales is 51% or more we can't carry.

  4. #3
    Depends on the state. TX doesn't allow carry in an establishment that derives 51% or more of their income from alcohol sales. From what I remember, VA just requires it if you are drinking in a bar. A restaurant that has a bar and not drinking I'd say keep it covered. I'm just going from memory since I'm moving to VA soon and have been checking.

    YMOS,
    Tony
    "Let us speak courteously, deal fairly, and keep ourselves armed and ready."
    Teddy Roosevelt May 13, 1903

  5. To cc or not to cc

    Of course know the law where you are but be careful about exposing your concealed weapon.Just exposing the outline of your weapon can get you charged with brandishing.

  6. Handgunlaw.us indicates that it is ok to carry in a location that serves alcohol. Even though they aren't the end-all-be-all, they are a pretty good source. I should be easy to check online for VA regs for carrying in restaurants serving alcohol.

    Looks like you should be good so long as you don't drink:

    18.2-308 (J.3.): 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. However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer.

    reference URL: Virginia State Police - Resident Concealed Handgun Permits @ the bottom of the page.

  7. #6
    Virginia changed the rules in 2010. The way the law is now, you can CC in a bar or restaurant that serves alcohol as long as you don't consume any yourself.

  8. #7
    Quote Originally Posted by Shamandin View Post
    Virginia changed the rules in 2010. The way the law is now, you can CC in a bar or restaurant that serves alcohol as long as you don't consume any yourself.
    As an aside, there are no bars in Va. To the OP, yes, you can still carry concealed as long as you don't drink. If you are interested, we offer a class on Va carry laws such as this.

  9. #8
    Danbak to be charged with brandishing, the gun has to be exposed in a threatening manner. Ex. Showing and saying you will use it. If the firearm is uncovered unintentionally you cannot be charge with brandishing, in fact if you are get a lawyer!

  10. #9
    Quote Originally Posted by ske1eter View Post
    18.2-308 (J.3.): 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. However, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer.reference URL: Virginia State Police - Resident Concealed Handgun Permits @ the bottom of the page.
    That's just awesome, right there. If you are a Federal, state or local law enforcement officer you are allowed to drink alcohol while armed. Yep, that makes perfect sense...

    Quote Originally Posted by Danbak View Post
    Of course know the law where you are but be careful about exposing your concealed weapon.Just exposing the outline of your weapon can get you charged with brandishing.
    That is simply NOT true in most states.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  11. #10
    Quote Originally Posted by NavyLCDR View Post
    That's just awesome, right there. If you are a Federal, state or local law enforcement officer you are allowed to drink alcohol while armed. Yep, that makes perfect sense...
    That's what they call a finge benefit.

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