"Where alcoholic beverages are served..."

This is a discussion on "Where alcoholic beverages are served..." within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; A couple of years ago when I took the CCW class, one of the things discussed was the rule against carrying where alcoholic beverages are ...

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Thread: "Where alcoholic beverages are served..."

  1. #1
    Distinguished Member Array SpringerXD's Avatar
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    "Where alcoholic beverages are served..."

    A couple of years ago when I took the CCW class, one of the things discussed was the rule against carrying where alcoholic beverages are served or consumed. The instructor told us that there was legislation waiting to be viewed at the State level (Tennessee) that would allow concealed carry in such places as long as you yourself don't drink.

    How do you feel about this? Personally, I love the idea. If some crazy decided to run into a restaurant and start mowing people down, I would sure feel better being armed and having others around me armed. And since I don't drink alcohol, there's zero danger of me being impaired.

    What are your thoughts on this? Also, I hear that some states already allow carry where alcohol is served.

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  3. #2
    Member Array TexasAg's Avatar
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    http://en.wikipedia.org/wiki/Suzanna_Hupp

    Yes. You should be able to carry in restaurants as long as you aren't drinking.

  4. #3
    Member Array Defensor's Avatar
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    I do not agree with this law. I think you should be able to carry as long as you do not consume any alcohol. Another one that irks me is in NC you cannot carry into a place that charges admission, hate leaving my firearm in the truck to see a movie.

  5. #4
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    Welcome.

    PA is one where we are not debarred from carry in venues that serve alcohol. It does of course make sound sense to remain sober and fully responsible in such places.

    If I was disallowed I would not even enter such places - something I do rarely anyways but it does occur - for instance my wife and I have a passion for extra large wings at a little bar on R 31 in PA - and when we are there I drink soda and she has a small hit of rum. Apart from anything else too - I am driving truck or bike and so for those reasons alone stay dry.

    We have had a good many threads on the subject of booze and carry - a search might bring some up - so I won't go into other minutia. I do feel some states play up the lack of carry where there is alcohol to such an extent that it makes carry options excessively limited.
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  6. #5
    Member Array gotammo's Avatar
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    restaurants yes, bars no only because drunk people and guns don't mix even if you are not drinking.

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    Member Array dang.45's Avatar
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    I believe that the only time something should legitimately be considered a crime is when there is a consequence to what you have done. In the case carrying where alcohol is served, how could you have committed a crime by simply carrying a weapon that is never seen or used? Especially if you are not drinking any alcohol!

    Obviously, I take this further than most would be willing, since I think drunk folks have just as much right to protect their life as a sober person does. Assuming you aren't fall-down, stupid-drunk, how is having a beer or two different from someone taking some kind of medication that makes them a bit loopy. Does the impaired person on medication not have a right to defend themselves when they fear for their lives?

    Clearly, whether or not you are under the influence of anything at the time of a self-defense shooting should be taken under consideration by whoever is doing the investigation of the incident. And, it most certainly should be usable by a prosecutor in front of a jury should he or she feel the shoot wasn't justified. That's the risk you take being armed while impaired. But even someone who is fall-down drunk can be justified in protecting themselves from great bodily harm or death, right?

    Yes, I do recognize that my kooky libertarian principles put me in the position of defending some things I'd rather not see happen - like people drinking while armed (I certainly wouldn't do it!) - but sticking to one's principles will tend to do that...

    Standard disclaimer - I follow all laws of whatever jurisdiction in which I find myself, and recommend everyone else do the same.
    "It is only as retaliation that force may be used and only against the man who starts its use. No, I do not share his evil or sink to his concept of morality: I merely grant him his choice, destruction, the only destruction he had a right to choose: his own." - John Galt, from Atlas Shrugged

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    It changes from state to state. And there have been some big arguements on for bolth sides. In Missouri you can go into a bar/griil as long as they sell more than 50% food. You can even have a drink as long as you are not impaired. To me some of the best food around come from small bar/grills. And like P95Carry likes, I also like hot wings!!!!!! And the best ones come from small bar/grills. But unlike P95Carry, I'm washing mine down with an ice cold Bud Light!

  9. #8
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    Quote Originally Posted by dang.45 View Post
    I believe that the only time something should legitimately be considered a crime is when there is a consequence to what you have done. In the case carrying where alcohol is served, how could you have committed a crime by simply carrying a weapon that is never seen or used? Especially if you are not drinking any alcohol!

    Obviously, I take this further than most would be willing, since I think drunk folks have just as much right to protect their life as a sober person does. Assuming you aren't fall-down, stupid-drunk, how is having a beer or two different from someone taking some kind of medication that makes them a bit loopy. Does the impaired person on medication not have a right to defend themselves when they fear for their lives?

    Clearly, whether or not you are under the influence of anything at the time of a self-defense shooting should be taken under consideration by whoever is doing the investigation of the incident. And, it most certainly should be usable by a prosecutor in front of a jury should he or she feel the shoot wasn't justified. That's the risk you take being armed while impaired. But even someone who is fall-down drunk can be justified in protecting themselves from great bodily harm or death, right?

    Yes, I do recognize that my kooky libertarian principles put me in the position of defending some things I'd rather not see happen - like people drinking while armed (I certainly wouldn't do it!) - but sticking to one's principles will tend to do that...

    Standard disclaimer - I follow all laws of whatever jurisdiction in which I find myself, and recommend everyone else do the same.

    I feel the same way and couldn't word it better.

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    VIP Member Array farronwolf's Avatar
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    I find I agree with the happy medium that Texas uses. As long as 51% of their sales don't come from alcohol, ie bar, you can carry into the establishment and sit anywhere, and even have a drink. So, you can go to your favorite mexican or whatever place sit eat, even have a drink if you so choose, and not worry about it. You can not be intoxicated while carrying, but they don't give a specific definition of intoxicated under this portion of the penal code that I have found. This all seems logical to me.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  11. #10
    Member Array dang.45's Avatar
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    Quote Originally Posted by Ben Hennessy View Post
    I feel the same way and couldn't word it better.
    Woohoo, I'm not alone!!!

    "It is only as retaliation that force may be used and only against the man who starts its use. No, I do not share his evil or sink to his concept of morality: I merely grant him his choice, destruction, the only destruction he had a right to choose: his own." - John Galt, from Atlas Shrugged

  12. #11
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    Quote Originally Posted by farronwolf View Post
    You can not be intoxicated while carrying, but they don't give a specific definition of intoxicated under this portion of the penal code that I have found. This all seems logical to me.

    I'm farly sure it will be the same as it is with driving. In Missouri I think its .08.

  13. #12
    VIP Member Array packinnova's Avatar
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    Quote Originally Posted by gotammo View Post
    restaurants yes, bars no only because drunk people and guns don't mix even if you are not drinking.
    Well, using that logic you would be against defending yourself on your own property if attacked by an drunken outside aggressor?

    I mean no offense. Just trying to get at the logic there.
    Last edited by packinnova; November 29th, 2007 at 02:54 PM. Reason: logic
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    Senior Member Array digitalexplr's Avatar
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    Quote Originally Posted by Ben Hennessy View Post
    I'm farly sure it will be the same as it is with driving. In Missouri I think its .08.
    You are correct. In Missouri you are legally intoxicated with a BAC of .08. If you are legally intoxicated and in possession of a firearm you are guilty of a felony.

    Alcohol and gun powder don't mix any better than alcohol and gasoline.

    You can legally carry in Missouri in a establishment that serves alcohol if you get the manager's permission.

  15. #14
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    Quote Originally Posted by dang.45 View Post

    Clearly, whether or not you are under the influence of anything at the time of a self-defense shooting should be taken under consideration by whoever is doing the investigation of the incident. And, it most certainly should be usable by a prosecutor in front of a jury should he or she feel the shoot wasn't justified. That's the risk you (What about the person who was shot?) take being armed while impaired. But even someone who is fall-down drunk can be justified in protecting themselves from great bodily harm or death, right?
    I'm sorry but I don't agree that there is ever a time when using a gun to shoot someone while under the influence can be justified by saying that the possibility of being prosecuted is a risk you, as the shooter, take. If that were the case then there shouldn't be any law against people who drive while intoxicated unless they hurt someone else as a result.

    What I'm saying is that I personally don't want to be around anyone who is drunk and carrying a firearm, or one who is behind the wheel of a car.
    "Society never advances. It recedes as fast on one side as it gains on the other. It undergoes continual change; but this change is not [an improvement]. For everything that is given, something is taken."
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  16. #15
    VIP Member Array friesepferd's Avatar
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    i think you should be allowed to carry everywhere
    of course not if you are drinking though
    here in michigan we have a 50% rule.
    if the place makes over half their income on alcohol consumed on the premises (aka bar) then you cant carry

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