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Virginia statute

Va. Code Ann. § 18.2-308.012 — Prohibited conduct

Current through 2026 Regular Session

Part of Article 6.1: Concealed Weapons and Concealed Handgun Permits, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-308.012

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-308.012Primary source, current through the 2026 Regular Session
A. Any person permitted to carry a concealed handgun who is under the influence of alcohol, marijuana, 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 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.

Official sources

Legal terms used in this section

Questions this section answers

Is prohibited conduct a felony or a misdemeanor in Virginia?

It depends on the circumstances: prohibited conduct ranges from a class 2 misdemeanor to a class 1 misdemeanor in Virginia under Va. Code Ann. § 18.2-308.012.

Carrying concealed handgun while under the influence: class 1 misdemeanor (Va. Code Ann. § 18.2-308.012A) · Consuming alcohol while carrying concealed handgun in licensed restaurant or club: class 2 misdemeanor (Va. Code Ann. § 18.2-308.012B)

Which Virginia statute covers prohibited conduct?

Prohibited conduct is governed by Va. Code Ann. § 18.2-308.012 (Prohibited conduct).

This reference is informational and is not legal advice.