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2016 SESSION
16102996DBe 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.
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 may, upon a determination
that such violation demonstrates a
reckless disregard for safety, revoke the person's permit
for a concealed handgun and promptly notify the issuing circuit court. A person convicted of whose permit is revoked due to
a violation of this subsection shall be ineligible to apply for a concealed
handgun permit for a period of five years.
B. (Effective until July 1, 2018) No person who carries 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 Board 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, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer.
B. (Effective July 1, 2018) No person who carries 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, nothing in this subsection shall apply to a federal, state, or local law-enforcement officer.