I have received a few emails from members who are
confused about how SB 776 allows Commonwealth Attorneys to
legally carry a concealed handgun into a restaurant and
drink alcoholic beverages. Most of the
confusion was caused because the member looked at 18.2-308
J3 and not at 18.2-308 B.
Here is the analysis:
18.2-308 is Virginia's concealed weapons code section
18.2-308 A lists all the weapons that are considered
concealed if carried "hidden from common" (this includes
firearms, nun chucks, daggers, etc.) and makes such carriage
illegal.
18.2-308 B lists all the people who are TOTALLY EXEMPT from
the concealed weapons law, on-duty or off-duty, except from
part J1 (below). Police are in this section and, now thanks
to the Governor, so are Commonwealth Attorneys
18.2-308 C lists all the people who are TOTALLY EXEMPT from
the concealed weapons law ONLY WHILE ON DUTY. This includes
mail carriers, the, er, Harbormaster of Hopewell (?!), and
correctional
officers.
18.2-308 D creates a concealed handgun permit, which allows
citizens to carry a concealed handgun and not be charged
with doing so. However, the permit holder is not exempt from
any of the other provisions in the concealed weapons law,
unlike the people in 18.2-308 B and C (above)
18.2-308 J1 says a person can't be drunk while carrying a
concealed handgun. This only applies to those listed in
18.2-308 B and 18.2-308
D. Interesting to note that 18.2-308 C is not covered. Thus,
the Harbormaster of Hopewell can actually be drunk and carry
a concealed handgun as long as he is on duty (or going to or
from such duty)!
18.2-308 J3 says a person can't carry a concealed handgun
into a restaurant or club that serves alcoholic beverages.
It does say that a sworn law enforcement officer can do so,
but that is actually irrelevant since everyone listed in
18.2-308 B and C are exempt from the concealed weapons law,
including J3! (For legal clarity it is common practice to
state that such restrictions do not apply to sworn police
officers, even when such restrictions clearly don't apply
anyway.)
