Bill Text: VA SB57 | 2024 | Regular Session | Prefiled
Bill Title: Concealed handgun; carrying onto the premises of any restaurant, penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-03-04 - Left in Public Safety [SB57 Detail]
Download: Virginia-2024-SB57-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §18.2-308.012 of the Code of Virginia is amended and reenacted as follows:
§18.2-308.012. Prohibited conduct; penalties.
A. Any person permitted to carry a concealed handgun who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place is guilty of a Class 1 misdemeanor. Conviction of any of the following offenses shall be prima facie evidence, subject to rebuttal, that the person is "under the influence" for purposes of this section: manslaughter in violation of §18.2-36.1, maiming in violation of §18.2-51.4, driving while intoxicated in violation of §18.2-266, public intoxication in violation of § 18.2-388, or driving while intoxicated in violation of §46.2-341.24. Upon such conviction that court shall revoke the person's permit for a concealed handgun and promptly notify the issuing circuit court. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.
B. No person who carries 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
Authority under Title 4.1 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; however,
nothing in this subsection shall apply to prohibit a federal, state, or
local law-enforcement officer or any retired
law-enforcement officer who meets the definition of a "qualified retired
law-enforcement officer" pursuant to 18 U.S.C. §926C and is carrying the
identification required by such statute 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. Any person who violates this subsection is guilty
of a Class 2 misdemeanor.
