Restaurant Ban
Page 1 of 2 12 LastLast
Results 1 to 10 of 17

Thread: Restaurant Ban

  1. #1

    Restaurant Ban

    As Virginia has a ban on CCW in a restaurant that serves alcohol, I was wondering what others in this forum do in that situation? Since only concealment is illegal and open carry is not I choose to OC. But does anyone leave their gun at home, in their car, only eat at non ABC restaurants, etc?

  2.   
  3. #2
    Join Date
    Sep 2007
    Location
    Texas, by God!
    Posts
    133
    I'm not sure about OC specifics but can't you enter the restaurant concealed and once seated in a private location pull your jacket/shirt back to slightly expose your weapon and comply with the OC requirement?

  4. #3
    I'm pretty sure thats not legal. Here is what 18.2-308 J3 (the Restaurant Ban) says:
    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.
    So IMHO to avoid a Class 1 misdemeanor I expose my pistol before going onto such premises. IANAL and YMMV

  5. #4
    Join Date
    Sep 2007
    Location
    Manassas, Virginia
    Posts
    61
    I have left my piece in my truck before if I don't want to deal with the stares, but I also know the quickest way out of that place too if I needed to get to it. Otherwise I just move my shirt so that I am openly carrying it. That is the strange thing about VA - you can open carry at 18, but have to be 21 to conceal carry. The fact that people might be intoxicated (if it is a bar) makes me WANT to conceal carry to make sure I don't have some drunk person come over to me and try to mess with me because he has liquid courage. I just usually openly carry, and if the restaurant doesn't know the laws of the land, I (along with quite a few other Virginians) post the business name here: http://opencarry.mywowbb.com/forum54/

  6. So clarify this for me (I'm a non-res), while I'm driving through VA and stop to eat, I must ensure my firearm is not concealed if the restaurant serves alcohol? I've read the VA statutes and that's what I inferred but is this common practice and would I get hassled?

  7. #6
    You might get hassled, but very unlikely. Mostly a nonevent. I OC at restaurants a couple times a week, only once in the 3 years that I've been doing it was there a problem.

  8. #7
    Here in Texas you can not carry your weapon if the restaurant derives 51% or more of there income from the sale of alcohol. They have to have a sign posted to notify you that they do. Anything less than 51% it is o.k. to carry. I make it a general rule not to go anywhere that I am not allowed to carry.
    By faith Noah,being warned of God of things not seen as yet, moved with fear,prepared an ark to the saving of his house;by the which he condemned the world,and became heir of the righteousness which is by faith Heb.11:7

  9. #8
    Join Date
    Sep 2007
    Location
    Manassas, Virginia
    Posts
    61
    In Virginia, if the establishment has a license from the ABC, you cannot concealed carry. You are however, allowed to openly carry.

  10. hopefully this week it may get repealed. The latest VCDL update mentioned the house bill cleared commitee and is going to the House floor for vote this week. The big question is, what happens if the Senate passes it's version as well, since the Senate version includes that squirely admendment that we would have to inform the establishment we are carrying concealed?? If both pass, do they end up in some committee that figures out how the differences are ironed out?

  11. #10
    Hi friends-
    I am a Georgia resident and have my Georgia CCW. I also travel to Virginia regularly and have a Virginia Non-Resident CCW permit. Here in Georgia, we have a similar law, but if you're having dinner at a Chili's or Applebee's, for example, and you are sitting on the restaurant side rather than the bar side and not drinking alcohol, chances are good that you won't be hassled. I try to sit with my strongside facing a wall but still covered up. What would happen if robbers came in while you're having dinner and started shooting? I agree with HK4U that I typically only go where I can carry. Do I understand correctly from you guys that if I'm carrying concealed and eating in a Chili's I am in violation of the law? It seems that open carry would create a bigger issue.
    Last edited by SouldustPro; 02-20-2008 at 08:57 AM.

Page 1 of 2 12 LastLast

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Quantcast