Carrying While Intoxicated
Va. Code 18.2-308.012 — a permit holder under the influence while carrying in public commits a Class 1 misdemeanor
Under the influence. A person permitted to carry a concealed handgun who is under the influence of alcohol, marijuana or illegal drugs while carrying it in a public place is guilty of a Class 1 misdemeanor. The court revokes the permit, and the person may not apply for one for a period of five years.
The evidence. A conviction of driving while intoxicated, public intoxication, or the other offenses the section lists is prima facie evidence, subject to rebuttal, of being under the influence.
At a restaurant or club. A person who carries a concealed handgun onto the premises of a restaurant or club licensed to serve alcohol for on-premises consumption may not drink an alcoholic beverage there. Doing so is a Class 2 misdemeanor. The rule does not apply to law enforcement officers.
Where a firearm may be carried at all, and the rules for bars and other places, are on other pages. Whether a person was impaired in a particular case is a question of fact and law for a licensed Virginia attorney.
Sources for this section (1)
- Va. Code 18.2-308.012 — Prohibited conduct while carrying a concealed handgun
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.