Montana Concealed Carry

Montana Concealed Carry

This is a discussion on Montana Concealed Carry within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I have a permit to carry concealed. Mt law states the following: you are prohibited from carrying concealed in a place of buisness where alcholic ...

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  1. #1
    New Member Array hockey's Avatar
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    Montana Concealed Carry

    I have a permit to carry concealed. Mt law states the following: you are prohibited from carrying concealed in a place of buisness where alcholic beverages are sold, dispensed, and consumed.
    The way i read this is that they are talking about places of buisness that you can sit down in and have an alcholic beverage. let me know what you think on this since every grocery store and gas station here sells beer & wine but you cannot consume it there.


  2. #2
    Senior Member Array sdprof's Avatar
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    Here's the exact wording from MT law:
    (c) a room in which alcoholic beverages are sold, dispensed, and consumed under a license issued under Title 16 for the sale of alcoholic beverages for consumption on the premises.
    So, it looks like you understand it correctly. Even restaurants with licenses to sell are off limits when you CC, unless they have a room where no alcohol is permitted. Don't see that very much.
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    Based on the way you describe it, it sounds like Ohio's current (but thankfully not for long) law. Basically, you can't carry anywhere they serve alcohol for onsite consumption. Applebees, Fridays, the local pizza parlor, Chipotle, the gourmet restaurant, the local bar ...

    Grocery, package store, etc. are OK as you cannot consume there. IANAL and I am going on what you provided. I would read up on local law more, especially if local jurisdictions can make laws that superceed state laws.
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    That would be my interpretation as well, although I don't agree with it. Guns and alcohol will mix; it's guns and consuming alcohol that causes the problems.
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    Distinguished Member Array Chaplain Scott's Avatar
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    You are correct. However, there is NO LAW PROHIBITING you from open carry in an eating esttablishment that serves Alcohol. I know its crazy, but that's the way it is. Also, MT statutes define "concealed" as a weapon that is wholly or partially covered by clothing. So, technically, you could take your concealed weapon off, put it in a backpack or briefcase and take it in with you, because according to statute, it is not "concealed" (that it--it is not partially or wholly covered by your clothing...

    by the way--welcome to the forum--you will find LOTS of good, thought-provoking discussions here that will make you a more informed and better prepared armed citizen.
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    Senior Member Array Spidey2011's Avatar
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    Correct me if I'm wrong, but it says a room in which alcoholic beverages are sold, dispensed, AND consumed. And, not or, which means it has to meet all three criteria to be off limits. Your average restaurant or bar would obviously be off limits, but this got me thinking about some of the events we have around here. They're all held in a large building, and alcohol is sold there, but you have to go around a temporary barricade put there to separate the main area from the bar. Would that be considered off limits? Since people have to go to what is basically another room in order to purchase alcohol, I would think it wouldn't meet all three, as long as you stayed in the main area, so it should be legal.

    BTW, I do plan on asking the county attorney about this, but I'm curious how others interpret that law. I haven't attended any of these since getting my permit, but it would be nice to be able to carry there, since the number of drunks seems to go up at every one.

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    Quote Originally Posted by Spidey2011 View Post
    Correct me if I'm wrong, but it says a room in which alcoholic beverages are sold, dispensed, AND consumed. And, not or, which means it has to meet all three criteria to be off limits. Your average restaurant or bar would obviously be off limits, but this got me thinking about some of the events we have around here. They're all held in a large building, and alcohol is sold there, but you have to go around a temporary barricade put there to separate the main area from the bar. Would that be considered off limits? Since people have to go to what is basically another room in order to purchase alcohol, I would think it wouldn't meet all three, as long as you stayed in the main area, so it should be legal.

    BTW, I do plan on asking the county attorney about this, but I'm curious how others interpret that law. I haven't attended any of these since getting my permit, but it would be nice to be able to carry there, since the number of drunks seems to go up at every one.
    Since the law specifically states a "room" I would assume if there is a room set up just for the serving of alcohol and drinking is restricted to that room, the rest of the building would be OK. Kind of like a hotel that has a bar in it. The bar would be off limits, not the whole hotel.
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    Senior Member Array Spidey2011's Avatar
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    Quote Originally Posted by archer51 View Post
    Since the law specifically states a "room" I would assume if there is a room set up just for the serving of alcohol and drinking is restricted to that room, the rest of the building would be OK. Kind of like a hotel that has a bar in it. The bar would be off limits, not the whole hotel.
    Well, drinking is not restricted only to that room. You can have the alcohol anywhere you like, but you have to go into a separate room to purchase. My thoughts on that is that since there is no alcohol actually sold in the main area, it doesn't meet the sold and dispensed portion of the law, even though it's consumed there.

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    Welcome...

    from Central Florida!

    Your assumption is a correct interpretation.

    Good info here... http://www.usacarry.com/

    3. A room in which alcoholic beverages are sold, dispensed, and consumed under a license issued under Title 16 for the sale of alcoholic beverages for consumption on the premises.
    Key work in bold...

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    Member Array bigsky109's Avatar
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    Quote Originally Posted by Spidey2011 View Post
    BTW, I do plan on asking the county attorney about this, but I'm curious how others interpret that law. I haven't attended any of these since getting my permit, but it would be nice to be able to carry there, since the number of drunks seems to go up at every one.
    So I know this thread is old, but I have the same question. This law seems hard to interpret. Is it the whole restaurant or just the bar area. Did you ever ask the county attorney?
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    As a person who works on the road, most of the time, I think a lot of similarly worded laws may have wonderful intentions but they absolutely unreasonably get in the way of small (rural) towns where a bar & grill may be the only restaurant in town. While the wording of the law as stated by the OP does provide some wiggle room--as discussed by following posters--laws like this just get in the way of living a normal life.

    I believe this tends to happen because legislators may not live in rural communities but they do have a huge impact on law abiding citizens who carry--and they are hurting the cause of CCW IMHO.

  12. #12
    Member Array bigsky109's Avatar
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    I guess the local county attorney might be able to shed some light on this wording and clear up the intention. I love it when a law is put in place and needs "interpretation" and is not clear or really doesn't have the intentions it was meant for. I am thinking the legislation meant that you will not CCW into a bar. Kinda weird that you can open carry though since this is an open carry state.
    "The key to freedom is the ability to defend yourself"

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