Virginia: Don’t Gamble With the Law

U.S. Law Shield gets a lot of questions from our members about whether they can take their firearm into a casino or even have a firearm in their vehicle on casino property.

We turned to U.S. Law Shield of Virginia Independent Program Lawyers Riley & Wells Attorneys-At-Law for their input regarding Virginia law.

“Virginia law does not allow for gambling casinos.

“However, there is a provision for what Virginia calls ‘off track betting.’ There are a few locations around the state.

“In Virginia, there are no specific firearm laws that relate to and or restrict firearms in an off track betting location.

“But it is important to keep in mind that some off-track betting locations may be a licensed establishment that sells alcoholic beverages. There is a Virginia law that makes it illegal to carry a concealed handgun with a concealed handgun permit while drinking alcohol in an establishment licensed to sell alcohol.

“Specifically, Code of Virginia § 18.2-308.012 (B) covers carrying concealed with a permit in a place that serves alcohol and drinking being a violation.

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 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.

“This applies only to Virginia.  If your travels take you to a casino in another state or to an Indian Casino, then you need to familiarize yourself with that particular state’s or casino’s law on firearms.

“For instance, if you go to the casinos in Atlantic City, understand that it is illegal to have a handgun in New Jersey without a properly issued New Jersey gun license or permit. If you get stopped and have a firearm, but no New Jersey permit or license, then you will be arrested and charged with illegal gun possession.

“But let’s say you were able to jump through the hoops and obtain a Non-Resident Permit to Carry in New Jersey, by law, no person can possess any pistol or firearm within a casino or casino simulcasting facility without the express written permission of the Casino Control Commission. (NJ.A.C. 19:45-1.13)”

We hope you have found this month’s newsletter regarding firearms and casinos helpful. Merry Christmas and Happy Holidays from all of us at U. S. Law Shield.