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Carrying on trip to Virginia Beach.. Bars?

Discussion in 'Carry Issues' started by geofri, Jun 27, 2011.

  1. geofri

    geofri Poikilotherm™ Lifetime Member

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    Below sea level.
    Going down with some friends to visit family, and a night out on the boardwalk/ bar hopping is on the agenda. I'm not much of a drinker, and plan to tag along while carrying.

    per handgunlaws.us
    I've heard some states only allow carry in restaurants where liquor sales are less than half the revenue( or some such number).

    It doesn't mention a Bar where alcohol is the main revenue.

    Since it doesn't say you can't I assume it to be legal?

    Any of you try to get into any "clubs" or places that pat-down?

    Only recently got my permit and haven't been patted down while carrying. If there is nothing posted against carrying, I'm fine right?

    If a pat down occurs and my gun is found, all they can do is deny entry, and leaving to stash gun in the car will remedy that? ( I'd probably go elsewhere, rather than leave gun in car).
     
  2. RussP

    RussP Moderator

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    Central Virginia
    Virginia does not have a defined "bar". All places serving liquor must serve food, therefore they are a restaurant. :cool: You may carry into a restaurant.

    Now, if an establishment does not permit firearms, there will probably be a sign saying so. If someone is patting down or wanding patrons, you may expect them to tell you whether your weapon is allowed. If asked to leave, failure to do so is trespass.

    Just use common sense and don't try to get around the law. You'll be fine.
     


  3. ProactiveShooters

    ProactiveShooters President / CFI

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    Richmond, Va.
    Correct.



    Just keep in mind that there is no sign requirement in Va. You can simply be told that firearms are not allowed.
     
  4. geofri

    geofri Poikilotherm™ Lifetime Member

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    Below sea level.
    Great, thanks RussP!
     
  5. geofri

    geofri Poikilotherm™ Lifetime Member

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    Below sea level.
    Good to know.

    I'm pretty observant, so as unlikely as it might be, if I were to miss a posted sign, would I be trespassing(unknowingly) , or would I need to be asked to leave first?



    Thanks.
     
  6. RussP

    RussP Moderator

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    Central Virginia
    You must be asked to leave, however, people do mean things, like tell police they asked you to leave and you refused.
     
  7. furioso2112

    furioso2112

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    Don't forget to carry a printout of something showing VA's reciprocity - if you are stopped by an officer, don't count on him knowing your PA permit is good here. The Virginia Citizen's Defense League web site might have links to VA laws, FAQ's, etc. I'm a member of VCDL.
     
  8. dugo

    dugo

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    And, no drinking at all if carrying concealed in such a restaurant, right?

    (Although it is legal to drink a little if open carrying? Is that correct? ... not that I would condone it.)
     
    Last edited: Jun 28, 2011
  9. Correct but drinking anything while carrying is a very bad idea IMO.
     
    Last edited: Jun 28, 2011
  10. RussP

    RussP Moderator

    33,378
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    Central Virginia
    My opinion is that having alcohol in your system and carrying where there is a 0.0001% chance you'll have to use your firearm does not fall under "use common sense".

    As to open carry at this time of year in the nightspots on Atlantic Ave., I would suggest you not OC. Off season, when mostly locals are out on the town, maybe. But, VaBch, at this time of year, attracts good people and bad people, normal people and weirdos.

    My basic rule for OC is ONLY open carry when and where appropriate. Atlantic Ave. at night in the middle of the summer season fits neither of those criteria.

    And, yes, I personally open carry in VaBch on Atlantic Ave., just not between sunset and sunrise.
     
  11. tehama

    tehama

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    Co-sign what RussP said about the clientele of Va Beach right about now. Was on the news just a week ago or so of an update on a case caught on surveillance video of some out of towner getting surrounded by 5 or so people and punched out COLD in the back of his head then robbed. He was out before he hit the concrete.

    Wouldnt want BG's to factor into the equation your armed status.

    Why/how the victim just stood there and waited for a small mob to surround him from all directions is a topic of discussion for another day.
     
  12. ProactiveShooters

    ProactiveShooters President / CFI

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    Richmond, Va.
    Incorrect. You could be charged with trespassing right off the bat, but most business owners and police officers would simply ask you to leave. If you refused, then you'd get stroked.
     
  13. cowboy1964

    cowboy1964

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    U.S.A.
    Drinking while OCing.... wow. Way to really attract attention.

    Drinking "a little" is legal? What about drinking "more than a litttle"? Is that how the law is actually worded? (somehow I doubt it)
     
    Last edited: Jun 28, 2011
  14. RussP

    RussP Moderator

    33,378
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    Jan 23, 2003
    Central Virginia
    Yes, any sign posted does give constructive notice of the property owner's desire to prohibit firearms, and the prohibited places language does read: "Private property when prohibited by the owner of the property, or where posted as prohibited. Violation is a trespass charge and not a firearms violation. § 18.2-308.

    I should have posted, and I usually do, that you must be informed either verbally or by signage before a trespass charge can be made. My omission...
     
  15. dugo

    dugo

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    Absolutely agree.
     
  16. dugo

    dugo

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    I'm admittedly not familiar with the area, but that sounds like some common sense to me.
     
    Last edited: Jun 29, 2011
  17. dugo

    dugo

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    Completely agree that drinking and carrying in any manner is always a bad risk, for a number of reasons. If asked for advice about this, I would say something like, "You want to do WHAT!? Are you crazy?!"

    Of course, nobody has asked.

    That said, I don't think drinking while OCing is, by itself, illegal in VA.

    Not sure of the language (I'm sure others here can provide it), but I'm pretty sure you can't be "intoxicated", or " under the influence" while OCing. Reason I said "a little" in the prior post is that I believe it is the impairment, not the drinking itself, that is the technical offense.

    If that's correct, this parallels some states' driving laws, where the charge is "driving while impaired", and not actually "drinking and driving". Proof may be different. (In those jurisdictions, for example, even if someone conclusively blows a 2.0, the jury doesn't have to convict without more facts. Generally, they may convict on that alone, since it may be evidence of impairment, but they don't have to, since there is not a law -- presumptions aside -- specifically against blowing a 2.0.)

    Disclaimner: I yield in advance to those here who know more about the VA law on this than I do ... at least unless I brush up on it first.
     
    Last edited: Jun 29, 2011
  18. ProactiveShooters

    ProactiveShooters President / CFI

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    Richmond, Va.
    Agreed.

    Now, I have spoken to a prosecutor who said that in his opinion someone could be charged under 308 for a violation of 308 O. The theory being that if you carry on private property where prohibited, its as if you are carrying concealed without a valid permit. I do think that they would go the trespass route instead.
     
  19. byf43

    byf43 NRA Life Member

    11,715
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    Apr 13, 2006
    Southern Maryland

    I see that you are from/in PA.

    You most likely already know this, but. . . . .
    If you are traveling through Maryland, you need to keep your firearm(s) in a separate compartment (read as 'not readily accessible) and should be 'locked' in a case.
    Also, the ammunition MUST be stored separately, from the firearm(s).

    MSP (Maryland State Police) aren't usually 'casual' about this.
    They WILL arrest you and confiscate the firearm(s) if you have them 'accessible'.
    I've seen them give LEOs from neighboring states some 'grief', when stopped for traffic violations. ("Professional Courtesy" is spotty, in Maryland!!)












    "Maryland. The Free State."
    (My rear-end!)

    :supergrin:
     
  20. FOPA does not require ammo to be packed separately from the firearm.












    "Maryland. The Free State."
    (My rear-end!)

    :supergrin:[/quote]
     
    Last edited: Jun 29, 2011