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Two Virginia Gun Bills

Two Virginia gun bills will be given a hearing tomorrow in subcommittee.  One of the bills will allow people with concealed carry licenses to carry into restaurants.  Hopefully this will pass this time around.  The relevant section in the bill is below.  Additions are in italics, while the struck out sections are being removed:

J3. No person shall carry 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 ; however, nothing herein 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 shall inform a designated employee of the restaurant or club that he is carrying a concealed handgun. 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. A person who becomes intoxicated while carrying a concealed handgun on the premises of such a restaurant or club is guilty of a Class 1 misdemeanor. However, nothing in this subsection shall prohibit any sworn apply to a federal, state, or local 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 while actually engaged in the performance of his official duties.

It seems like an eminently reasonable bill, though I would prefer it not have the requirement to inform the restaurant of the fact that I am carrying.  If you’re going to require this, I might as well just open carry, which is already legal.

15 Responses to “Two Virginia Gun Bills”

  1. AntiCitizenOne says:

    They should change “misdemeanor” to “felony…”

  2. Sebastian says:

    I don’t think the penalty for carrying while drinking should be more severe than the penalty for driving while intoxicated. I’m OK with it being a misdemeanor. In fact, if there has to be a penalty at all, it should really be that you lose your license.

  3. Wolfwood says:

    Is there a penalty for drinking while carrying openly? If not, the “Virginia Tuck” may see a dramatic uptick…

  4. AntiCitizenOne says:

    then we should raise the penalty for driving while intoxicated to a felony – we trusted everyone to be in their right minds while operating any sort of vehicle, weapon, or any machinery – we gave them all the precautions we could think of, and they still screw up. Put them away. Nothing is worse than losing your mind and not being in total command of all your actions.

  5. Sebastian says:

    Except that a few beers doesn’t make anyone lose their minds.

  6. AntiCitizenOne says:

    I’ve seen people get drunk off of ONE beer. While I saw that some knew what was up, others didn’t learn very quickly. What do you do with the ones who don’t learn quickly?

  7. Carl in Chicago says:

    Some information compiled by some of us at IllinoisCarry dot com might be of interest here.

    Of the 48 shall-issue and may-issue states (AK and VT included), at this time only eight (16.7%) deny carry in restaurants where alcohol is served.

  8. AntiCitizenOne says:

    Not being accountable for your actions is akin to “losing your mind.”

  9. AntiCitizenOne says:

    Carl, VA isn’t one of those eight is it?

  10. countertop says:

    Oh boy, the teetotalers are out in force. – once had a client threaten to fire me/my firm because I drank a beer at dinner one night.

    He started screaming and hollering and drunkards and losing your mind to the devil. He started quoting the bible and claiming I was a lush and that god would send me underground, to the devil, if I didn’t repent and quit the demon alcohol.

    It was pretty funny to me since we were at a BBQ place and everyone around us was drinking much more. And of course, the only one out of their mind was the teetotaler who claimed 1 beer makes you a drunkard.

  11. Oscar says:

    I currently live in VA, and the open-carry option can sometimes be, er, problematic. I have never had a problem myself, but opencarry.org is replete with stories of individuals open-carrying in VA who have been either hassled or arrested for doing so.

    Going to a restaurant is an enterprise around here. It’s stupid. You have to look up the restaurant in the Alcoholic Beverage Commission (ABC) website, to determine whether it has a license or not. [If it has one, but the website hasn’t been adequately updated, then it’s YOUR tuckus on the line, legally speaking.] Once there, you have to deal with the inevitable stares from other patrons, which don’t bother me, but you hope that none of them are on the phone to the cops, whispering urgently that a “Man With a Gun!” just walked into the restaurant.

    I don’t understand what the problem is, frankly. I’ve carried in Texas (while visiting family), and I’ve carried concealed into restaurants licensed to sell alcoholic beverages. I never had an urge to shoot up the place just because I could get a beer there.

    The worst indignity of all is that VA Gov. Tim Kaine just last year signed a law allowing law enforcement and prosecutors to carry concealed into any establishment with a liquor license — and they can drink, to boot!

  12. Carl in Chicago says:

    AntiCitizenOne:

    Yes, VA is one of the eight that denies restaurant concealed carry. It is one of two (I believe) that denies concealed restaurant carry while allowing restaurant carry in the open.

    Folks, see this little article and comments:

    http://www.timesdispatch.com/rtd/news/local/article/GUNGAT19_20090119-061419/182134/

  13. N.U.G.U.N. says:

    I am always somewhat bothered by these laws. I really like Pennsylvania’s stance. Which allows for carry in a bar. I mean, we don’t absolutely forbid driving if you’ve been to a bar or restaurant that serves alcohol.

    If I want to take my wife out for dinner and have a glass a wine. I should not be prohibited from carrying. Heck, if I want to go to Cobblestone’s and drink a beer with friends. Why should I be made a criminal for carrying.

    Frankly, it is the responsibility of a firearm owner to be responsible. One should not get rip-roaring drunk, or even tipsy while armed. But I should not be restricted from such access and forced to go naked. Risking my life… why?

    I’d wager that afte dinner and wine is probably the highest risk I have for being mugged. Often these restaurants are downtown. On nice blocks, but a mere two blocks away from despicable areas. Hoodlums like to come an prey upon those leaving with their ladies in just such fashion.

    I don’t think there is a time I want my sidearm more than when leaving a restaurant late in the evening when it’s dark.

  14. Sebastian says:

    I agree, Pennsylvania’s law is probably the best. If you’re caught intoxicated in public while armed, however, you can pretty much bet the sheriff will yank your LTCF.

  15. J. Dock says:

    FWIW in Texas there is no “legal limit” regarding carry while intoxicated.

    This means that if you have had any amount of alcohol, at all, while carrying, it could be seen as carrying while intoxicated.

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