Question scenario...

Question scenario...

This is a discussion on Question scenario... within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Here's a hypothetic situation I question: Let's say you go with a loved-one to a new restuarant you've never been to before...and your carry (as ...

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Thread: Question scenario...

  1. #1
    Member Array cobrar97's Avatar
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    Question Question scenario...

    Here's a hypothetic situation I question:

    Let's say you go with a loved-one to a new restuarant you've never been to before...and your carry (as usual). It's a nicer resturant known that's nicer than average. Upon arrival, there is no gun-prohibited signs, no alcohol advertising signs, and no bar that you know of.

    You go in, and there is no evidenace of alcohol at all. You are 3/4 way through your meal and you see a waiter walk buy with a beer to serve someone. You NOW know they servce alcohol.

    Of course, most people aren't going to jump up and go to the car to stash their piece. So you simply finish your meal, pay, and leave.

    In the parking lot, you are assault by someone for some unknown reason, but it becomes a SHTF situation and you kill or injure someone.

    The police come and want the story. The shooting occured in a parking lot and was justified...but if you say you were walking from the resturant, it will be known you had a weapon in an alcohol-serving facility...and that's a violation. You can't say you saw trouble and went to you vehicle for a gun, because not only is that a lie, but that shows you may have had time to get away if you had time to get a gun from your car.

    Some people may say...you should have taken your weapon to the car as soon as you saw alcohol in the restuarant. If that's the stance, then say the assault happened as you were taking the gun to the car then.

    Hmmmm???


  2. #2
    VIP Member Array mcp1810's Avatar
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    I don't have that problem here in Texas, so I haven't thought about it that much. The last thing I would do is tell a lie to the police. As soon as you do that, and they figure it out, they are going to question everything you have told them. Now your justified shoot suddenly became questionable.
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    VIP Member Array Tom G's Avatar
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    We don't have a problem with this in Florida either. You could have encountered the same problem with the BG when you took the gun to the car. Your best bet would be to be honest and not lie to the police which could result in a charge for doing so. Since there was no sign of a bar and a no guns sign the cops might let things slide.

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    Senior Member Array Ivan4x4's Avatar
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    Quote Originally Posted by mcp1810 View Post
    I don't have that problem here in Texas, so I haven't thought about it that much. The last thing I would do is tell a lie to the police. As soon as you do that, and they figure it out, they are going to question everything you have told them. Now your justified shoot suddenly became questionable.
    same here, you don't want to complicate things with a lie, in a scenario like that you should be glad your still alive to deal with the outcome
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  5. #5
    Member Array SweetSig's Avatar
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    Good question. I reckon' the Judge would have to sort that one out (unfortunately). Unless you get an officer that is REALLY understanding, and even then I'm not too sure.
    "The price of freedom is eternal vigilance." ~Thomas Jefferson~

    "...Be not ye afraid of them: remember the LORD, which is great and terrible, and fight for your brethren, your sons, and your daughters, your wives, and your houses." ~Nehemiah 4:14~

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    Member Array Precision's Avatar
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    call your lawyer and STHU to the cops.

    Same thing you should do ANYTIME you use your firearm in self defense.
    Last edited by Captain Crunch; March 26th, 2009 at 12:33 PM. Reason: Profanity workaround.

  7. #7
    Senior Member Array BradyM77's Avatar
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    Quote Originally Posted by Precision View Post
    call your lawyer and STHU to the cops.

    Same thing you should do ANYTIME you use your firearm in self defense.
    +1000 Just tell them that you would like to speak to an attorney before you say anything else.
    Last edited by Captain Crunch; March 26th, 2009 at 12:33 PM. Reason: Profanity workaround in quote.
    "I didn't do it, nobody saw me do it, you can't prove anything!" Bart Simpson

  8. #8
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    Just be truthful with the LEO, that you were not aware that they served alcohol until you were about to leave. Your outside the restaurant so your legal in your use of your weapon. Think about it this way, if you told the LEO that you did something in the past that was not legal (speeding/public intoxication/violated the city leash law) is he going to arrest you for it? I doubt it.
    Of course since it was the first time at the restaurant I find in difficult to imagine you didn't look at the complete menu and see their drink list.

  9. #9
    Senior Member Array nosights's Avatar
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    I would tell the LEO NOTHING! Save it for the courtroom to decipher what was right. If you "admit" to the LEO that you were carrying illegally, that could/would be used against you in court.

    I would quickly finish my meal and leave.

    Also, I think it should be noted that you/others in states with laws like Ohio in this respect should know 100% if an establishment serves alcohol BEFORE going in.
    Pray for our nations leaders!

  10. #10
    Member Array wine6978's Avatar
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    If there is no 51% sign then why would you worry about it? Doesn't that mean that the company does not make more than 50% of their income on alcohol? So, you would be ok to carry in there? Atleast that is how I have read the law in TX!!!

  11. #11
    Ex Member Array BikerRN's Avatar
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    This is why you need a lawyer.

    There is also the doctrine of competing harms. Which is worse, breaking the law by carrying in a restaurant, unitentionally violating a law, or being dead or maimed by a bad guy?

    State the basics, point out evidence and witnesses and then SHUT UP!

    BTW: The "basics" are: "I was in fear of my life, He was going to kill me;" or something similar.

    Biker

    I am not a lawyer, didn't play one on television and didn't stay in a Holiday Inn Express last night, or last week. Anything I type should not be considered legal advice, or advice at all. They are just common observations and lessons learned from over twenty years of carrying, shooting and handling guns.
    Last edited by BikerRN; March 26th, 2009 at 03:39 PM. Reason: claify

  12. #12
    VIP Member Array JAT40's Avatar
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    Don't know any above average restaurants that wouldn't serve at least beer & wine.
    No restrictions in Mass in this regard, thank God or the wife would be crabbing about never eating out.
    The two things to tell the LEO's, I feared for my life & I need to consult with my lawyer.
    While people are saying "Peace and safety," destruction will come on them suddenly, ... and they will not escape. 1Th 5:3

  13. #13
    VIP Member Array rottkeeper's Avatar
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    Quote Originally Posted by BikerRN View Post
    This is why you need a lawyer.

    There is also the doctrine of competing harms. Which is worse, breaking the law by carrying in a restaurant, unitentionally violating a law, or being dead or maimed by a bad guy?

    State the basics, point out evidence and witnesses and then SHUT UP!

    BTW: The "basics" are: "I was in fear of my life, He was going to kill me;" or something similar.

    Biker

    I am not a lawyer, didn't play one on television and didn't stay in a Holiday Inn Express last night, or last week. Anything I type should not be considered legal advice, or advice at all. They are just common observations and lessons learned from over twenty years of carrying, shooting and handling guns.
    IMHO This is the best answer and what I would say.
    For as the lightning comes from the east and flashes to the west, so also will the coming of the son of man be. Mathew 24:27

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  14. #14
    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by wine6978 View Post
    If there is no 51% sign then why would you worry about it? Doesn't that mean that the company does not make more than 50% of their income on alcohol? So, you would be ok to carry in there? Atleast that is how I have read the law in TX!!!

    He's........not.......in........Texas!

    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

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    Member Array oldnonry's Avatar
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    Quote Originally Posted by BikerRN View Post
    This is why you need a lawyer.

    There is also the doctrine of competing harms. Which is worse, breaking the law by carrying in a restaurant, unitentionally violating a law, or being dead or maimed by a bad guy?

    State the basics, point out evidence and witnesses and then SHUT UP!

    BTW: The "basics" are: "I was in fear of my life, He was going to kill me;" or something similar.

    Biker
    +1 especially the "lawyer" part.
    "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government" - Thomas Jefferson

    "The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth." - Stonewall Jackson

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