Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 4 of Chapter 7 of Title 18.2 a section numbered 18.2-287.5 as follows:

§18.2-287.5. Carrying a loaded firearm while intoxicated or under the influence of illegal drugs; penalty.

A person who is intoxicated as defined in §4.1-100 or under the influence of illegal drugs while openly carrying a loaded firearm in a public place is guilty of a Class 1 misdemeanor. A person convicted of a violation of this section shall be ineligible to apply for a concealed handgun permit for a period of five years.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.