Carry around alcohol?
This is a discussion on Carry around alcohol? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; In Tn, have to unholster when entering an est that serves for on premises consumption...
I do not frequent parties where alchohol is served as ...
July 2nd, 2006 01:57 PM
In Tn, have to unholster when entering an est that serves for on premises consumption...
I do not frequent parties where alchohol is served as I am a recovering Alchoholic and dont need the environment...
"Ray Nagin is a colossal disappointment" - NRA/ILA Executive Director Chris W. Cox.
"...be water, my friend."
July 2nd, 2006 02:00 PM
This is out of Kansas SB418:
New Sec. 12. It is a class A nonperson misdemeanor for a person
licensed pursuant to this act to carry a concealed weapon while under the influence of alcohol or drugs, or both.
New Sec. 10. (a) No license issued pursuant to this act shall authorize
the licensee to carry a concealed weapon into:
(12) any portion of a drinking establishment as defined by K.S.A. 41-
2601, and amendments thereto, except that this provision shall not applyto a restaurant as defined by K.S.A. 41-2601, and amendments thereto;
This is from the Kansas statutes
Chapter 41.--INTOXICATING LIQUORS AND BEVERAGES
Article 26.--LICENSURE AND REGULATION OF SALE OF LIQUOR BY THE DRINK
41-2601. Definitions. As used in the club and drinking establishment act:
(i) "Drinking establishment" means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
(o) "Restaurant" means:
(1) In the case of a club, a licensed food service establishment which, as determined by the director, derives from sales of food for consumption on the licensed club premises not less than 50% of its gross receipts from all sales of food and beverages on such premises in a 12-month period;
(2) in the case of a drinking establishment subject to a food sales requirement under K.S.A. 41-2642 and amendments thereto, a licensed food service establishment which, as determined by the director, derives from sales of food for consumption on the licensed drinking establishment premises not less than 30% of its gross receipts from all sales of food and beverages on such premises in a 12-month period; and
(3) in the case of a drinking establishment subject to no food sales requirement under K.S.A. 41-2642 and amendments thereto, a licensed food service establishment.
This is all legal mumbo-jumbo to me. But, looks like we can carry into my favorite places (Applebee's, Chili's, Outback, and etc.).
Hope this helps. Sometimes I feel like a lawyer !!
July 2nd, 2006 03:03 PM
My personal logic (for myself) is that for a Multitude of years I have carried without incident.
I never look for trouble ~ I am never confrontational ~ I have good common sense and situational awareness & I do not have dinner in dangerous or high crime areas.
>We do not have any gangs in my area.
>We do not have any illegal immigrants.
>We do not have a daily violent crime problem in my area.
>We do not have muggers and robber barons on every street corner.
>We do not have car jacking or road rage incidents or drivebys & the list goes on of crimes that we Just Do Not Have in my area.
I live in a nice town and I pay my Fed State & Local Taxes Right On Time to live here too.
Dam it must be nice. In the last year we've had five shooting deaths within a mile from where I live. 30 aggravated assaults. That's why I hired snipers to sit atop my roof 24 hours a day. We also has rotational sleep schedules to keep a watchful eye. Four attack dogs and trip wires set up throughout the house. All the children are trained in tactical manuvers with firearms. We have a 60 mile tunnel underneath the home for quick excape from the hot city.
J/k but the crime stats are factual. But can't afford to live in ritzy Paradise Valley like my Sister and her Lawyer Husband does.
Oh and here in AZ carry is prohibited to any establishment that SERVES alcohol.
July 2nd, 2006 06:26 PM
I've never seen a 51% rule in Michigan law. It depends on the State License issued to the establishment. If it's a restaurant that serves alcohol, I can't find anything that says I can't go there. If it's License is a Bar license, than it's a no go, food service is irrelavant. It's usually pretty obvious. If I'm wrong, please point me to the law.
July 3rd, 2006 10:08 AM
I believe the exact wording of the MCLS § 28.425o is:
You are correct that I misspoke about it being a 51% percent rule. What I should have said was "Bar where alcohol is primary source of income=no carry". You are also correct that the type of license in question seemingly makes a difference. However, MCL § 436.1113 provides that:
(d) A bar or tavern licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303 , where the primary source of income of the business is the sale of alcoholic liquor by the glass and consumed on the premises . This subdivision shall not apply to an owner or employee of the business . The Michigan liquor control commission shall develop and make available to holders of licenses under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign stating that "This establishment prohibits patrons from carrying concealed weapons". The owner or operator of an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, may, but shall not be required to, post the sign developed under this subdivision. A record made available by an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce this subdivision is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
Therefore, restaurants which serve alcohol through a liquor license are considered to be taverns.
:(1) "Tavern" means any place licensed to sell at retail beer and wine for consumption on the premises only.
It would appear to me that any establishment which sells alcohol by the glass for on premise consuption is a "bar or tavern" for the purposes of MCL 436.1101 to 436.2303. This is why the "primary source of income" part is important. Generally, a liquor license granted to a restaurant, per MCL § 436.1521, requires that food must comprise at least 50% of gross reciepts. Consequently, while an Applebee's is legally a tavern, you know you are ok because their generally thier license won't allow them to make alcohol thier primary income.
This is just my understanding of the law and is not legal advice in any way.
All the best,
Last edited by Fargo; July 3rd, 2006 at 10:32 AM.
July 3rd, 2006 10:36 AM
NC has some really stupid rules. Not only can you not carry where alcohol is sold and consumed (and obviously not drink while carrying) you can't have a controlled substance in your blood while carrying. As our CCW instructor explained it, say you're at home one night and have a couple bottles of wine. Next morning you get up, feel fine, strap on your gun, go out. You get in a car accident, they take you to the hospital, run blood work. Your BAC comes back .0001. You lose your permit. It's really stupid. Fortunately, the odds of all that happening are slim to none, but the possibility is still there.
Originally Posted by ENSANE1970
July 4th, 2006 12:37 AM
In MN you can't carry while under the influence of alch, drugs (prescription or non) or anything that might impair your physical or mental facilities. The law allows carry in bars and resteraunts, but only proscribes penalties if you're over .04, and harsher penalties if you're .1 or more. It might be tough to get your permit renued if you have any gun related offenses. While "under the influence" is not clear, if there's any alcohol on board during a defensive use of a gun, good luck with the prosecuting glory hunters and the civil suit that will be sure to follow.
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Tu ne cede malis, sed contra audentior ito.
("Do not give in to evil but proceed ever more boldly against it.")
-Virgil, Aeneid, vi, 95
July 9th, 2006 08:07 PM
ok, I'm picturing this
Originally Posted by David III
thats really cool
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June 16th, 2007 07:57 PM
Newbie question. I am looking at getting my CCW next month in North Carolina. As far as restaurants go, what about a restaurant that only servers alcohol after 11AM, and never before that time, if I am in and out of there before 11AM, technically they don't serve alcohol when I am in there for breakfast at 9AM, assuming I am in and out of there before 11AM.
June 16th, 2007 09:55 PM
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June 17th, 2007 03:19 PM
In Ohio it is a felony to carry a concealed handgun in any place with a class D liquor license. Class D means serving alcohol for consumption on premises. That does not include establishments that sell alcohol for consumption elsewhere such as liquor stores and supermarkets.
It is a BS law and one of the several restrictions we are actively going after in the Buckeye State.
June 18th, 2007 12:58 PM
Even with no law preventing it it is still a bad idea as the risk of confrintaion is greater with drunks, lock it in the car and carry after.
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