Carry in restaurants?

This is a discussion on Carry in restaurants? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; This is a copy from the SC Statehouse website concerning CWP....... (M) A permit issued pursuant to this section does not authorize a permit holder ...

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Thread: Carry in restaurants?

  1. #1
    Senior Member Array XD in SC's Avatar
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    Carry in restaurants?

    This is a copy from the SC Statehouse website concerning CWP.......

    (M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:

    (1) police, sheriff, or highway patrol station or any other law enforcement office or facility;

    (2) detention facility, prison, or jail or any other correctional facility or office;

    (3) courthouse or courtroom;

    (4) polling place on election days;

    (5) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;

    (6) school or college athletic event not related to firearms;

    (7) daycare facility or pre-school facility;

    (8) place where the carrying of firearms is prohibited by federal law;

    (9) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body; or

    (10) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer.

    A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.

    Nothing contained herein may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145.



    I don't see anywhere that it says I cannot carry into a restaurant that serves alcohol (Applebees, Ruby Tuesdays) or grocery store. DO I need to look somewhere else? If there a fed law? Our CWP instructor said we aren't supposed to, but as I research it more, I cannot find a LAW about it. I may be overlooking something though.

    I do not drink, and never have, so I want to be able to carry as much as possible. I don't go to bars so I don't have to worry with that.

    I want to know the RIGHT answer so as to avoid problems.
    Sean
    XD 9SC | XD 45ACP Service | XD 45ACP Compact |Borealis
    "You may know where you are. God may know where you are. If you don't tell your dispatcher where you are, you'd better be on speaking terms with God!"

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  3. #2
    Member Array BerettaMan's Avatar
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    My advice would be "Check with your local authorities".
    "The Day We Lose The Second Amendment Will Be The Day We Start The Second Revolution"
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  4. #3
    Senior Member Array XD in SC's Avatar
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    My only problem with that is .........I asked 4 different "authorities" about the CWP and legal carry in a car, and got 3 different answers, so I printed it out and will eventually shrink it down to business card size so I can laminate and carry with me.

    I want the law if there is one, if not, then it must be legal....... correct?
    Sean
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    Member Array Biloxi Bersa's Avatar
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    Drink and shoot?

    Spend the money and get a legal opinion from a competent lawyer. It will save $$$$ from court costs and legal fees later on.

    In Mississippi, regs prevent CCW in locations whose primary business is booze by the drink. This would probably exclude the Ruby's/Friday's/Applebee's, etc.

    If it's Joe's beer garden, it pretty safe to assume the carry needs to be left in the car.

    But if you're out drinking, you don't need to be carrying in the first place.

    Keeping yourself safe by carrying? Then keep yourself safe by researching the law.

    A lawsuit or criminal indicment will make you wish you didn't survive the assult.

  6. #5
    Senior Member Array Packman73's Avatar
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    Looks like you're good to go. If it doesn't say
    "Businesses serving alcohol for consumption on the premises (peace officers are excepted)"
    then you're good to go.

  7. #6
    Member Array douglasd's Avatar
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    Quote Originally Posted by BerettaMan View Post
    My advice would be "Check with your local authorities".
    "Local Authorities" are usually the WORST place to obtain reliable information. They usually do not keep up with the ever-changing firearms laws.
    Doug

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    Distinguished Member Array LenS's Avatar
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    Quote Originally Posted by douglasd View Post
    "Local Authorities" are usually the WORST place to obtain reliable information. They usually do not keep up with the ever-changing firearms laws.
    And even if they mean well, they oftentimes make up an answer rather than admit that they don't know!!

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    VIP Member Array paramedic70002's Avatar
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    [QUOTE=XD in SC;204096][i] (M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:

    (1) police, sheriff, or highway patrol station or any other law enforcement office or facility;

    (5) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;

    (6) school or college athletic event not related to firearms;

    (10) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer. [QUOTE]

    Curious wording here.

    1. Does this include a cruiser?
    5. I notice state assembly is not listed.
    6. What if the school mascot is a "Musketeer"?
    10. Seems to apply only to employees of said establishments, but it doesn't actually say that.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

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  10. #9
    Member Array fhqwhgads's Avatar
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    Here's what you're looking for:
    SECTION 16-23-465. Additional penalty for unlawfully carrying pistol or firearm onto premises of business selling alcoholic liquors, beers or wines for on-premises consumption.

    In addition to the penalties provided for by Sections 16-11-330 and 16-23-460 and by Article 1 of Chapter 23 of Title 16, a person convicted of carrying a pistol or firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both.

    In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, must have his concealed weapon permit revoked.
    My question about this revolves around the use and placement of the word "unlawfully" in the first sentence. I imagine some people would argue that if you have a CWP, then you are "lawfully" carrying. Just my .02.

  11. #10
    Member Array brian77's Avatar
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    i had the same question here in colorado, i just emailed my local sheriff and got a reply in a few days. it is legal here to carry in all restaurants and bars. i do not drink as well, that would just make me not able to carry.
    "Those who have long enjoyed such privileges as we enjoy forget in time that men have died to win them." - Franklin D. Roosevelt

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    Member Array mikeyinokc's Avatar
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    Have you contacted your State agency responsible for issuing your permit? I would think you would get a correct interpretation there rather than with the "local authorities".

    There are several different regulations depending on which state one is in. I'm in Oklahoma, here you can go into any restaurant selling alcohol as long as they derive at least 51% of their sales from food. You cannot carry into a bar.

    We are going to New Mexico soon, their regs say you cannot carry into ANY business that sells alcohol, whether it is consumed there or not. So one cannot even carry into a convenience store in New Mexico.

  13. #12
    Senior Member Array tegemu's Avatar
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    In Fla. you can't carry in establishments that are bars only, no food service beyond snacks. In restaurants that have bars, you can carry but you cannot enter the bar portion of the establishment.
    People sleep peaceably in their beds at night only because rough men stand ready to do violence in their behalf. - George Orwell

  14. #13
    Senior Member Array XD in SC's Avatar
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    fhqwhgads.... thanks for the info. Now I'll ask SCLED if that includes resraurants and what the def. of "unlawfully" really is.
    Sean
    XD 9SC | XD 45ACP Service | XD 45ACP Compact |Borealis
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  15. #14
    Member Array jonathancase's Avatar
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    I have run into the same dilema. Here in Jackson there is a restrant called Old Venis. Although it is a restraunt, i am pretty sure most of its buisness comes from the booze. The restraunt is seperated into two parts, bar and restraunt. They have done this by just a small wall, no doors. Can i carry? Ive talked to my brother on the coast,LEO, and he said its cool. But what about going to the restroom; its in the bar. Anyone have any ideas on that one?

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