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Check Your Lawbooks Closely---

3K views 31 replies 20 participants last post by  mcp1810 
#1 ·
In my travels throughout the state,I have heard some "old wives tales" ref. the places that you could and could not CCW. I would reccommend that ya'll check(closely) your local and state laws pertaining to the establishments that serve alcoholic beverages. Please remember that your laws could be different, but the Fla. statutes(790.06 & s.823.05)states that you CANNOT carry a concealed weapon into an establishment that "--any portion of that establishment licensed to dispense alcoholic beverages for comsumption on the premises,which portion of the establishment is primarily devoted to such purpose--". HUH ? WHAT ??----- This tells me that you CAN carry into a restrauant that also serves alcohol with the meal.(Applebee's,TGIFridays,Red Lobster,etc.) As long as the primary reason for doing buisness is to serve food or offer another service. A bowling ally comes to mind also. You CANNOT CCW into,bars,lounges,etc.(Even though the "good ol' boys/BUBBA bars" down here ALWAYS have boiled eggs and pigs feet in the big wide mouthed jars sittin' on the bar.) Check your lawbook closely. You might be surprised where you can CCW.----------
 
#2 ·
My Red Lobster has an actual bar in it. So it has a portion which dispenses alcohol for comsumption and that portion is primarily devoted to that purpose. So as I read it the entire establishment (restaurant) would be a no CCW zone. Am I reading this correctly?
 
#3 ·
Rat, I personally would think that if an establishment has a bar in it,like some bowling ally's have a lounge under the same roof,you COULD be in the bowling ally part CCW but you COULD NOT go into the bar part(especially through an interior door). Same in the Red Lob that you mentioned. Eatin' part OK--through the door or into a seperate room to the bar/lounge NOT OK. This is just one persons opinion.--------
 
#5 ·
Another good reason to check the laws is that there can be minor changes concering carry methods and such. GA law used to describe the manner in which a CCW could be carried. Ankle holsters where not allowed under the old wording. The stores here all sold ankle holsters and lots of people used them, and I never knew of anyone to get charged for doing so, but it wasn't "allowed". The wording was changed this year to remove that language, but it got no public notice at all. I didn't notice until my brother looked up the CCW law for some reason and saw that the wording had been changed.
 
#6 ·
That's one of the reasons I'm glad to be in Oregon. Bars, churches, schools, all good in Oregon. Only place I can't carry are prisons and courthouses. Possibly the Post Office, but that depends on how you interpret "lawful purpose". Sometimes I hear folks talking about where they can't carry, and it hardly seems worth the trouble.
Yeah, be sure to read your laws carefully, and the knife sections, too. CA says carrying a Leatherman type tool on school grounds(for example, the parking lot while picking up your kid) is a felony. Lots of tricky stuff in the law books nowadays. If you can do it, I highly recommend picking up a copy of your state criminal code every year, and reading through the changes in the weapons stuff. CA loved sneaking in changes. In 2004, a bunch of people became de facto felons, when the wording of the law forbidding brass knuckles was changed to include plastic kubatons. The books usually run around $30. Well worth it, IMO.
 
#18 ·
That's one of the reasons I'm glad to be in Oregon. Bars, churches, schools, all good in Oregon. Only place I can't carry are prisons and courthouses. Possibly the Post Office, but that depends on how you interpret "lawful purpose". Sometimes I hear folks talking about where they can't carry, and it hardly seems worth the trouble.
I'm in Oregon too, and you're right. BUT, most schools and other places like that have private rules that state "no guns"...if you're caught violating, you might be charged with criminal trespass. The 2 places I spend the most time outside of my home are at Portland State and Oregon Health Science University. If I am caught with a gun at PSU, I could get thrown out, and at OHSU, I could lose my job. I still haven't decided how I will handle this.
 
#8 ·
Copies of the codes should all be online.
LOL. Ya know, since I spent a good deal of time in LE classes, I guess I just got used to lugging around my paper copy. I never thought of checking them online. 'Though I don't know if they get updated in a timely manner or not.
Good tip! Thanks.
 
#9 ·
Sure thing. Some of the online formats are better than others. Some are searchable, but the searh engines aren't that good. Others have all of the code sections listed individually, but they don't have the text title of the of the actual section making finding what you need hard. At least with the paper copy you get an index, can make notes in them, and you can take them beyond the reach of your net access.
 
#11 ·
Our law is online. Go to Arkansas State Police,Concealed Weapons and its tell you all about it. When teaching classes, I go over this extensively.

As a matter of fact, two years ago the law was amended to include "resturaunts" that serve alcohol. Whereas one couldnt legally carry in any place that served alcohol, now as long as the resturaunt gets more than 60 percent of its oncome from food, you are legal.

Still cant carry in bars though...
 
#14 ·
The NM law has changed since my last post on this topic. As of July 1, 2007, it will be legal for a CCW licensee to carry concealed where liquor is sold for off-premises consumption. Please see the NM DPS website for a link to the applicable law.
 
#15 ·
<snip>"--any portion of that establishment licensed to dispense alcoholic beverages for comsumption on the premises,which portion of the establishment is primarily devoted to such purpose--". <snip>
Uhhh ..."ANY PORTION of that establishment licensed to dispense alcoholic beverages for consumption on the premises..." sounds to me like a restaurant that serves alcohol is off limits. I believe the clause continues and specifically defines the portions whose primary purpose is selling booze is off limits as well. I think the additional clause is intended to make it very clear that you cannot carry into a bar (etc). The difference is when you go to court. If caught carrying in a restaurant, you can claim ignorance because you didn't know until you got the menu or were already in there. The second clause says you have no such standing if you enter a bar with a regulated weapon. We have similarly stated rules here in Alaska and I've been told that it means that you can't carry into any place that serves alcohol, period. So I don't. Buy a good car safe and carriage-bolt it to the floor pan, nuts on the inside. Cable cutters are cheap and they work really well...

Brian
 
#19 ·
Glad this thread came up ...I just double checked and found that in Alaska, you can carry your gun in a restaurant that serves IF you don't consume any alcohol. That's a MUCH better rule! And the rules are stated clearly and in a way that's easy to read and understand as well.

You are guilty of a 5th degree misconduct with a gun if you break the rules in AS 11.61.220:

"AS 11.61.220.d.1.C Any place where intoxicating liquor is sold for
consumption on the premises, except a restaurant where the
person carrying the firearm did not consume intoxicating
liquor. <snip>"

I sit humbly corrected... and will now go refresh myself on all those rules... :danceban:

Brian
 
#16 ·
(Note:I am under 21,and DONOT have my CCW license yet,nor own a handgun yet.) If I understand correctly: There are parts in VA that you HAVE to carry concealed if you are carrying,and parts in VA that you must have open carry. Places that serve alcohol on premises you had to have your gun in plain site. I do know some people that had to stop going to their favorite bars b/c they were open carrying.

I am wondering if getting my permit is worth all the trouble and possibly fouling up on knowledge of the laws and getting arrested/charged with something:hand1:
 
#23 ·
I am wondering if getting my permit is worth all the trouble and possibly fouling up on knowledge of the laws and getting arrested/charged with something
Your question concerns me. As a concealed weapon permit holder, it is your responsibility to know the law. If you have doubts about getting your permit because you're concerned about your lack of knowledge of the law, I would urge you not to get your permit until you have obtained the requisite knowledge. That requires time, effort and money on your part.

In addition to whatever mandatory training your State requires, you would be well advised to enroll in a class or classes taught by competent, professional instructors. If you can't, or won't, make this committment, then you should not carry a gun.

Is it "worth all the trouble" to do this? You bet it is.
 
#21 ·
In NM, you can be found guilty of a felony for carrying in a place that serves, regardless of whether the signage was visible: it's strict liability here. State v. Torres, 2003-NMCA-101, 134 N.M. 194, 75 P.3d 410 (Ct. App. 2003).
 
#22 ·
Yea Erich I inadvertently carried into a Wall mart in Northern NM right after colorado got resprisciosity and did not untill later realise that i had commited a felony , and strict liability one at that . Thankfully no incident or notice was taken . I did the same thing in TX entering a hospital that did not have 30.06 signs clearly posted at the entrance i used . Once i learned of the respective statutes tho i respect them .
 
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