Va. Code » Title 18.2. Crimes and Offenses Generally » Chapter 7. Crimes Involving Health and Safety » Article 6.1. Concealed Weapons and Concealed Handgun Permits
Virginia Code

Va. Code Ann. § 18.2-308.012 (2026)

Prohibited conduct

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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.

2013, c. 746; 2015, cc. 38, 730; 2026, Sp. Sess. I, c. 1.

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2015–2022 · leading case: United States v. Edward Kehoe, 893 F.3d 232 (4th Cir. 2018).
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United States v. Edward Kehoe, 893 F.3d 232 (4th Cir. 2018). · cites it 2× “" See Va. Code § 18.2-308.012(B). The officers then entered RJ's.”
Steven Lee Hodges v. Commonwealth of Virginia, 771 S.E.2d 693 (Va. Ct. App. 2015). · cites it 2× “2-308(C)(10) if he is engaging in the prohibited conduct delineated in Code § 18.2-308.012(A). 3 . The trial court's finding that the gun was “intentionally hidden” is irrelevant.”
Morgan v. Commonwealth, 881 S.E.2d 795 (Va. 2022). · cites it 38× “POWELL DECEMBER 29, 2022 COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA William Joseph Morgan, III (“Morgan”) appeals the decision of the Court of Appeals of Virginia affirming his conviction for carrying a concealed weapon while intoxicated in violation of Code…”
William Joseph Morgan v. Commonwealth of Virginia, 863 S.E.2d 19 (Va. Ct. App. 2021). · cites it 12× “Further investigation showed that appellant was intoxicated and had a firearm in a zipped backpack on the front passenger seat while operating the vehicle, resulting in an additional conviction for carrying a concealed firearm while intoxicated in violation of Code §…”
Myers v. Commonwealth, 857 S.E.2d 805 (Va. 2021). · cites it 2× “When a statutory term is ambiguous, we resort to the rules of statutory construction, including the legislative history of 4 As the Court of Appeals has pointed out, however, this “exception is subject to an exception” because “[a] person may not avail himself of the protection…”
Kevin Anthony Battaglia v. Commonwealth of Virginia, No. 0719154 (Va. Ct. App. Mar. 7, 2017). “2-282; carrying a concealed weapon while intoxicated in violation of Code § 18.2-308.012(A); and resisting arrest in violation of Code § 18.”
Va. Code Ann. § 18.2-308.012(A): 4 cases
Steven Lee Hodges v. Commonwealth of Virginia, 771 S.E.2d 693 (Va. Ct. App. 2015). “2-308(C)(10) if he is engaging in the prohibited conduct delineated in Code § 18.2-308.012(A). 3 . The trial court's finding that the gun was “intentionally hidden” is irrelevant.”
Myers v. Commonwealth, 857 S.E.2d 805 (Va. 2021). “When a statutory term is ambiguous, we resort to the rules of statutory construction, including the legislative history of 4 As the Court of Appeals has pointed out, however, this “exception is subject to an exception” because “[a] person may not avail himself of the protection…”
William Joseph Morgan v. Commonwealth of Virginia, 863 S.E.2d 19 (Va. Ct. App. 2021). “Further investigation showed that appellant was intoxicated and had a firearm in a zipped backpack on the front passenger seat while operating the vehicle, resulting in an additional conviction for carrying a concealed firearm while intoxicated in violation of Code §…”
Kevin Anthony Battaglia v. Commonwealth of Virginia, No. 0719154 (Va. Ct. App. Mar. 7, 2017). “2-282; carrying a concealed weapon while intoxicated in violation of Code § 18.2-308.012(A); and resisting arrest in violation of Code § 18.”
Va. Code Ann. § 18.2-308.012(B): 1 case
United States v. Edward Kehoe, 893 F.3d 232 (4th Cir. 2018). “" See Va. Code § 18.2-308.012(B). The officers then entered RJ's.”
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