House Bill 505 ok’s concealed guns in restaurants
Today a new state law goes into effect that will allow Virginians to carry concealed handguns into restaurants or clubs, provided they have a permit. However, the law prohibits the gun-owners from consuming alcohol when they’re packing.
A new state law will allow Virginians to carry concealed handguns into restaurants or clubs, provided they have a concealed handgun permit.
However the state law, which goes into effect today, prohibits the permit-carrying gun owners from consuming alcohol while on the premises of any establishment with their concealed weapons.
House Bill 505, sponsored by Delegate Todd Gilbert (R-15), was passed by both the Virginia House and Senate in late February of this year, and approved by Gov. Bob McDonnell in early April.
HB 505 amends the § 18.2-308 of the Code of Virginia, which previously banned gun owners from carrying concealed weapons in restaurants or clubs.
However, the bill states that nothing in the law’s amendment shall apply to a federal, state, or local law-enforcement officers.
According to HB 505, violators of the bill, who choose to drink while carrying a concealed weapon in an establishment will be found guilty of a Class 2 misdemeanor which, according to the Code of Virginia, means up to six months in jail and/or a fine up to $1,000.
According to the Virginia General Assembly’s website, current laws identify a concealed weapon as:
- Any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material.
- Any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack.
- Any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain.
- Any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart.
The law also states that “a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon’s true nature.”
For more information about this law, visit the Virginia General Assembly’s website or the Legislative Information System website.
We’d love to hear what you all think about this. Will this change effect your restaurant/club-going habits? Restaurant owners, do you think this change will have any effect on your business?
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Erica Terrini
Erica Terrini is a contributing writer for RVANews and currently attends Virginia Commonwealth University, where she is also the executive editor for The Commonwealth Times. During her time in Richmond, she has gotten used to running around like a crazy person with a never-ending checklist in her pursuit to report the local news of a thriving, raw, and pretty fly city.
Notice: Comments that are not conducive to an interesting and thoughtful conversation may be removed at the editor’s discretion.
My thing is this: if it’s a concealed weapon then how is the bar owner going to know who is packing while he or she is drinking? This law seems like it would be incredibly hard to police at best, and a massacre waiting to happen at worst.
Massacre waiting to happen. Donna nailed it.
don’t be silly. guns & alcohol mix well together…
What good are nunchaku if you cannot openly dance with them at a nightclub?
I think everyone is over-reacting to this law. It is still illegal to consume alcohol while possessing a concealed weapon! That will not change. What does change is that law-abiding citizens who have a concealed carry permit will now be allowed to carry them in a restaurant, which I believe is fair for those of us who obey the laws. People criticize this law by saying that alcohol and guns do not mix…obviously. But those who are responsible enough to have a permit and follow the law are not the ones you need to be worrying about, it’s the ones who don’t have the permit that are still carrying guns around and drinking.
It’s about time some of our freedom was restored to do what we want. This is a GREAT move by the legislature and the governor. Just remember, not anyone can carry concealed. You have to already have the permit in order to carry concealed. And you better not drink alcohol and carry.
BOPST,
Think guns + alcohol is a likelier hazard than driving + alcohol? There is no penalty with the deterrent effect strong enough to keep people from mixing alcohol with anything.
Yeah I don’t really see what the big deal is. I’m as liberal as they come and I think this is just the same sort of thing as right-wingers being like “OMG OBAMA WANTS TO KILL OLD PEOPLE” just on the other side of things. It’s just allowing the people who we ALREADY ALLOW to carry concealed weapons to bring them into various places. Everyone is on the same page here, guys.
I think being a permit holder this allows more freedom in just going into establishments with family and friends. I do not like the idea of having to leave a weapon of any kind in a car while going to a restaurant. This makes it a liability if there is a theft. The drinking aspect is a no brainer. Drinking and carrying a weapons should not be done by anybody resposible enough to have a carry permit.
Let’s not forget that Virginia law allows you to enter a club, restaurant now with a gun in plain site without any type of permit unless the owner posts a sign specifically against it. GO figure.
Does the ‘plain site’ law prohibit drinking while carrying? If so, how is that so different than putting a weapon in your purse other than, yes, other presumably law-abiding patrons know you are armed?
Keep in mind not every permit holder is reasonable, and the one unreasonable one who might ‘forget’ he has his weapon on him and have a couple of beers and do something incredibly unreasonable is the person I am concerned about.
Let’s not forget that just because it is illegal to drink and pack concealed heat that some otherwise law-abiding person will try to get away with ‘just one’. There’s no way for the bartender to know anyway, right?
This article is incorrect. The bill and concealed handgun permits allow for HANDGUNS specifically, not weapons as enumerated in the list of what is defined as a concealed weapon. This law, nor does a concealed HANDGUN permit, make it legal in Virginia to conceal a dirk, dagger, nun chuk, etc…
For anyone saying that this is a massacre waiting to happen, this is no new right. Virginians had the right to carry concealed into establishments serving alcohol before, but it was taken away in the mid 90s. After that and presently, Virginians have been legally able to and have been openly carrying firearms into, among other places, establishments that serve alcohol. It is just currently being restored.
There is no “plain site” law. Virginia law will not state what someone can do, only what someone cannot do. Open carry is legal as it is not expressly spelled out in Virginia law that it is illegal, nor is it spelled out that drinking while doing so is illegal. There is no law stating that open carriers can not drink therefore… one open carrying carrying may drink a beer if so inclined, but a vast majority would not anyway as, is so obviously evidenced by some of these comments, open carrying and portraying guns in a normal light is largely about perception. It is, however, against the law to be intoxicated while in possession/carrying a firearm… and oftentimes all a police officer has to do is stand in front of a judge and say “I believed he was intoxicated as there was an odor of alcohol about the person,” which is only further reason for any open carrier to not imbibe, regardless of his/her tolerances.
If you’re so concerned about the scenario you depicted, Donna, then it’s best you go ahead and arm yourself so you might be able to provide for your own defense, because the chance of that happening is extremely low, while the chances of your average criminal thug taking advantage of you and those around you is much higher.
Get a grip; it’s not law-abiding citizens you all need to worry about. Why do you think it is?
When you leave the bar/club after some drinks, in a taxi I’m assuming because you wouldn’t want to be an unreasonable licensee who forgot you had your car keys, do you worry if the bartender took tabs of who all came in their own cars and plans on leaving in their own cars?
Donna,
It is not up to the Bar Owner/Bar tender to police this law. They need to serve regardless of whether they think someone is carrying or not.
Bar owners currently do not police over whether someone is drinking and driving. This law is no different. If someone is carrying concealed and they get stopped by police and the police suspect alcohol intoxication. Well then they will get taken care of, same as with a DUI.
the first thought of any victim of a gun crime must be…why did I ever listen to the moron liberals and not get a gun to defend myself.
Liberty,
I am a big believer in 2nd Amendment rights and a gun owner, but I ask you to keep in mind that there are also a lot of people out there, (too many) who get arrested for shooting another human being or have had their gun used to shoot another another being, on purpose or by accident, who then ask themselves- why did I get this gun?
That is not taking a side in this debate one way or another except to say that I really hope people, and gun owners especially, redouble their commitment to personal responsibility.
@Scott, Anything that can kill somone should be handled carefully. Replace the word “gun” with the word “car” in your comment. Its not a car or a gun that kills its the person whos in control of them. Many benficial things are dangerous, fire comes to mind…
Yeah, but this article is not about cars, now is it?
Some of you people are afraid of guns and I do understand. Guns can kill people but its not the gun that does it its the person using it. A knife a car a stick a baseball bat you name it can be a weapon. I am a licensed VA state instructor and I am exlaw enforcement my training is threw the roof yes not the same as the average guy I will admit but….. I know I and others carry in restaurants all the time that the people who carry legally or out of self protection or the thought of protecting others are not the same as you may think. They are professionals, doctors school teachers, government employee’s & contractors and employees, fathers, mothers, business owners, salesmen, you name it. Why do they have to be crazy people that will start shooting at the drop of a hat? Or will accidentally shoot someone nearby. We carry around you everyday at the stores in parking lots in malls you name it. I am at chuck e cheese or mc Donald’s around your kids. Sometimes im protecting VIPs kids and some time just my children & myself. This law makes sense if you look at it. I can carry most places now and can not drink as outlined in the law and permit or I will lose my permit. If I go into a restaurant that serves alcohol I should be able to carry as long as I don’t drink as the law states. If I drink I lose my permit. I have been many places with my friend’s party’s houses you name it and I refuse to drink. I believe this the case for most permit holders. Now these same people currently leave their gun in the car where they could go back too dunk and start shooting up the place (your fears) but they don’t. Here the import part they can’t drink if they carry inside. Because currently they can leave the gun in the car get wasted inside and go out and have the gun in the car. Umm id rather they didn’t drink.
Guns are around you everyday most don’t know and if you are afraid of guns and if you villanize them its an injustice to our rights freedoms and past. I lived in California during the last LA riots. And the police would come to help you. You had to protect yourself. The only business not broken into were the ones with a show of force of armed people around. People were being robbed and houses broken into. This was a crazy time but its just another form of disaster that could occur at anytime for any reason…… police response time in an emergency like a robbery or attack is not good enough to save your life most of the time. If people (the trained background checked knowledgeable person chp holder) are around this may and will save lives. I am sorry to say Virginia Tec may have ended allot soon if the same students that carry off campus (around your kids at mc Donald’s and burger king) were allowed to carry on campus….
if a crazy person walks into a Fridays and want to kill his exgirlfriend and everyone else the police wont get there in time to help you and your loved ones. But if a chp (concealed handgun permit) holder was their with his family he maybe able to stop the person and save some or all the lives of the people in the restaurant.
Again I realize fear of guns. But the fear is from people being able to kill people easily without being stopped. An armed sane person will save the lives from a shooter. I wish they were more armed citizens around the horrific shootings in our past.
If I am not around to save my family during a shooting or attack at a restaurant or anywhere else, I hope someone else is.
@Scott… Youre right ,what was I thinking, I guess its not a good idea to carry a concealed automobile into a restaurant that serves alcohol.
Man, you gun nuts are a paranoid bunch.
Gun rights advocates are paranoid, when you’re the one afraid of a law abiding citizen owning and carrying a gun. Really? Did you really just say that? Stop. Projecting. is it really that difficult?
Do you think while your fingers slide over the keyboard, or do you just like to spit out generic one-liners that have been used over and over again against gun rights advocates, but really offer no logical reasoning whatsoever to your side of the argument and only serve to show that you are reaching for anything and everything to possibly hold against anybody?
Thanks for the well-planned statement that proffers your view, cathy. You shook my whole world’s foundation. I’m shaking right now. Amazing.
You just proved my point.
@cathy- i love the line from that nirvana song…youre not paranoid enough…but then again look at what happened to poor Kurt
Rather than simply saying I proved your point, please explain how I did. Elaborate. It seems to be a problem you have. You don’t have anything logical or reasonable to say so your only method of recourse, once again, is to offer a vague one-liner that you think looks and sounds good. Try harder.
Cathy
Paranoia has saved my life more then once. Sad you think that all people who carry firearms are paranoid gun nuts. You do know as I said earlier I train some of these people so they can get permits. It’s a side thing I do since I am a government employee for homeland security. I train people I know and like or referrals of friends of friends. Most are doctors, lawyers, firemen, security, bodyguards, security, storeowners, men, women, fathers, and mothers. Why are these people gun nuts. Many of these people have very good reasons to be armed. Funny how if you carry a gun in a uniform or for work its ok but if you do so when your not for your protection or the protection of others or money and valuables your a gun nut. Not sure if its because of where you live or your environment that you feel so secure that no one needs protection from true criminals who do not obey laws. So a doctor, lawyer, security, or a woman who may have stalkers shouldn’t be able to protect themselves and there families. Firemen and exmilitary wishing to protect themselves and protect others since they have the mindset of helping and protecting others shouldn’t. Sad you think this way. There are many dangerous professions from people who carry valuables and money to waitresses and teachers. There are counselors and judges and social workers. These people may have some concerns for their family and themselves safety. Sad you group anyone who wants or needs to carry a gun as gun nuts. A lawyer out with his family at Fridays eating and a crazy ex-con that doesn’t like him and does not care about concealed weapons laws recognizes him. So the criminal has access to a gun because he doesn’t care about laws and will carry anyway. But not the law abiding lawyer who wants to protect himself and his wife and 12 year old daughter. Sad he’s a gun nut in your mind who’s just going to shoot up the place when he’s drunk. Guns are not evil but some people are. Criminals can get guns and will always have them. Can’t stop drugs wont be able to stop criminals from getting guns. And if an evil person / criminal has a gun a good person will need one to protect them and others and they will need it with them even in a restaurant.