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2020 SESSION

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20100707D
SENATE BILL NO. 51 Offered January 8, 2020 Prefiled November 18, 2019 A BILL to amend and reenact § 18.2-308.012 of the Code of Virginia, relating to carrying a concealed handgun; consumption of alcohol in a public park; penalty. ---------- Patrons-- Spruill; Delegate: Kory ---------- Referred to Committee on the Judiciary ----------

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.

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 a concealed handgun onto the premises of any (i) 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 or (ii) public park or other public space when alcoholic beverages have been approved for sale or consumption therein by the 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, public park, or public space 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.