Thanks to VCDL’s Alerts. If you are not receiving these then get them.
RESTAURANTS AND CLUBS THAT SERVE ALCOHOLIC BEVERAGES
Starting July 1, CHP holders can carry concealed in restaurants and clubs that serve alcoholic beverages for on premise consumption, however the CHP holder cannot drink alcoholic beverages while carrying concealed. Police officers, on and off duty, as well as Commonwealth Attorneys, can carry concealed and drink responsibly.
There is NO requirement to notify anyone that you are carrying concealed in a restaurant or club and VCDL recommends taking a “don’t ask, don’t tell” policy. The restaurant or club has the right to notify customers that guns are prohibited, or that a particular type of carry is prohibited (such as “no open carry” or, perhaps, “open carry only”). Regardless, if there was no obvious signage posted or you were not told verbally that guns are not allowed, you are NOT required to ask permission and I suggest that you don’t – just go about your business.
Open carry remains unchanged by the new law and allows for responsible consumption of alcoholic beverages.
MOTOR VEHICLES AND VESSELS
For those who do not have a CHP, starting July 1 they can have a loaded handgun with them concealed in their motor vehicle or vessel as long as the handgun is secured in a container (such as a zipped bag, closed gun case, closed briefcase, etc.) or in a compartment (glovebox, console, etc.).
NOTE: Remember that if you don’t have a CHP, you generally can’t carry a handgun in such a closed container OUTSIDE of your motor vehicle or vessel.
The new vehicle carry law, above, has an additional benefit for BOTH CHP holders and non-CHP holders. Under the law effective July 1, a loaded handgun can be kept in a secured container or a secured compartment in a motor vehicle while on K-12 school property.
The new vehicle carry law (18.2-308 B 10) is in the list of general exemptions from the concealed weapon law. Police officers and Commonwealth Attorneys, for example, are listed in 18.2-308 B. The key is that in the third paragraph of the K-12 school weapons law (18.2-308.1) it says that anyone exempted from the concealed weapon law is also exempted from the ban on guns on K-12 school property.
Thus, as long as your loaded handgun is in a secured compartment or a secured container BEFORE you pull onto school property and REMAINS SECURED in that compartment or container UNTIL AFTER you pull off the property, you are legal.
In case those of you with CHPs are wondering why you can’t carry outside of your vehicle on K-12 school property, that’s because the CHP wording (18.2-308 D) is NOT in the list of exemptions to the concealed weapon law (18.2-308 B and 18.2-308 C). Instead, you can think of your CHP as a “get out of jail free” card. You are not actually exempted from the concealed carry law, but you have an affirmative defense against any prosecution.
I think we should be working to exempt CHP holders from the concealed weapon law.
LOCAL GOVERNMENT MEETINGS IN COURTHOUSES
A few County Board of Supervisors, such as in Sussex, currently hold their public meetings in a courthouse at night, which thus prohibits the otherwise lawful carry of self-defense handguns. During the session a not-to-be-named Delegate told me about a bill that was totally unrelated to firearms that would help with that problem. Upon reading the bill I smiled and kept a watch on it from a distance.
The new law, effective July 1, prohibits public bodies from meeting anywhere that photographing, filming, recording, or otherwise reproducing any portion of an open meeting is not allowed.
That may make several public bodies move their meetings from courthouses to a more gun-friendly environment.
Starting July 1 you can renew your CHP through the mail. Just send your notarized application, a photocopy of your current CHP, and the fee and your application will be processed and your new CHP mailed to you. You might want to check with your local Circuit Court Clerk’s office in case they want something else included – Fairfax is notorious for that. REMEMBER: renew between 90 and 180 days before expiration of your old permit so that your new permit will become effective on the day your old one expires. If you renew when there are less than 90 days left on your old CHP, then the new permit will become effective whenever it is issued, possibly causing you to lose weeks that you had previously paid for on your old permit.
If the judge agrees, Circuit Court Clerks will now be able to issue permits as long as there were no problems with the application or the background check, etc. This should speed up getting permits from many localities. Judges will be happy to shift the CHP issuance to the Circuit Court Clerks. Clerks like the idea as they can serve the public more efficiently.