Can you carry concealed into a Fla bar not to drink

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Thread: Can you carry concealed into a Fla bar not to drink

  1. #1
    Member Array gilfo's Avatar
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    Can you carry concealed into a Fla bar not to drink

    Does anyone know if you can carry a concealed weapon into a bar if you are there on business and not to drink? Such as a repairman or salesman. Starting a business that will take me into bars and would like to be able to carry due to cash transactions.
    Thanks

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  3. #2
    VIP Member Array David in FL's Avatar
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    No, you may not. The statute does not differentiate for those that drink or not.

    Of course, you may drink in a restaurant while carrying and be perfectly legal though.

    You could go insane trying to understand the reasoning behind some laws.....
    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

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    Member Array Glock30SF's Avatar
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    I believe if you get the owners permission (unless you don't want them to know) you would be ok as a worker. Otherwise you can't. Double check that as I am no lawyer and I don't play on tv either.
    “The world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing.”.... Albert Einstein

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    VIP Member Array miklcolt45's Avatar
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    If you are an employee, I am sure you can carry with the permission of the owner. If you are a contractor, not so sure.

    I would not take the advice of anyone on the internet to answer a question, which if answered wrong, could land you in prison.

    I don't know where you are in FL, but try Jon Gutmacher and see if you can get an email response. Even then, I would consider finding an attorney and paying to get that answer.
    Last edited by miklcolt45; August 26th, 2009 at 10:13 PM. Reason: add a line for clarification
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    Member Array GHFLRLTD's Avatar
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    The Why of Florida Law

    My understanding that in the late 1980's there was a distinction between a place that sold food with alcoholic beverages, and a place that just sold booze.

    The booze-only joints were roudy, the other places upper crust. That is the reason for the no-gun booze places, and the development of a separate bar area in food and booze places. This was before the places like TGIFriday's came into existance. The fast food places - no booze - were already there.

    The booze only joints are mostly gone now - I know of one only in the Orlando area - at EPCOT of all places.
    Last edited by GHFLRLTD; August 27th, 2009 at 12:34 AM.
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  7. #6
    Senior Member Array puncho's Avatar
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    If it's a bar you can't carry a gun unless you own it.

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    Member Array mikecu's Avatar
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    This looks familiar.

    Just asked a LEO. Response was a NO, can't carry in a bar that only serves alcohol.

    Restaurant/bars are fine as long as you aren't at the part that is designated for alcohol service.

    The statute doesn't list an exemption for your scenario.

  9. #8
    Member Array mikecu's Avatar
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    Just wondering.

    If you were caught with your concealed firearm in a bar, what would be the potential charge and penalty?

    Anyone know?

    Just realized that this isn't a Florida forum.
    Last edited by mikecu; August 26th, 2009 at 11:16 PM. Reason: add more.

  10. #9
    Member Array JungleJim's Avatar
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    Quote Originally Posted by puncho View Post
    If it's a bar you can't carry a gun unless you own it.
    'It' being the bar, not the gun ;)

  11. #10
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    Quote Originally Posted by mikecu View Post
    If you were caught with your concealed firearm in a bar, what would be the potential charge and penalty?

    Anyone know?

    Just realized that this isn't a Florida forum.
    According to what is posted in the Legislature website:

    any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;

    Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
    775.082
    For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.


    But also

    This section does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. Such a judgment or order may be included in the sentence.


    and in 775.083
    $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.

    Remember that you will probably be charged with a host of other stuff. If somebody saw the weapon and called the cops, you get Brandishing, if you are intoxicated... ouchie. Now we are talking felonies.
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  12. #11
    Senior Member Array MilitaryPower's Avatar
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    You CAN carrying into a bar, just not the portion of the establishment primarily devoted to serving alcohol. Pretty gray area when you try to define portion. Good luck finding a bar where you can stay out of the bar area, as I'm sure there are some out there, but few and far between. An example of a bar where you could carry would be if the establishment had two separate rooms, one for getting alcohol and the other for pool or TV or something with a door to go in and out.
    Gun control can be blamed in part for allowing 9/11 to happen.
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  13. #12
    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by MilitaryPower View Post

    An example of a bar where you could carry would be if the establishment had two separate rooms, one for getting alcohol and the other for pool or TV or something with a door to go in and out.
    test case time......and my money says you'd lose on that one!

    I think the argument would be easily made that the primary purpose of such a room would still be the service and consumption of alcohol if the room is in a "bar". The TV or pool table are simply items provided for the customer's enjoyment while they're consuming......

    I'm sure not testing that one! I'll happily stand by and watch someone else do so though.
    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

    Theodore Roosevelt

  14. #13
    Senior Member Array MilitaryPower's Avatar
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    Quote Originally Posted by David in FL View Post
    test case time......and my money says you'd lose on that one!

    I think the argument would be easily made that the primary purpose of such a room would still be the service and consumption of alcohol if the room is in a "bar". The TV or pool table are simply items provided for the customer's enjoyment while they're consuming......

    I'm sure not testing that one! I'll happily stand by and watch someone else do so though.
    any PORTION of an establishment licensed to dispense alcoholic beverages for consumption on the premises, WHICH PORTION of the establishment is PRIMARILY DEVOTED to such purpose
    I would agree with you except for that portion part is putting a little kink in the works. The way I read the statute is if you can go up and order a drink (usually they call this the bar), no carry in that area or any area where you can do that. If you are in a completely different room (say playing pool), where you cannot order a drink from the bar, even if you can have it brought to you, you are not in violation. Of course drinking and carrying is a slippery slope here, but that is not the topic.

    That is the way I interpret it. Laywers might possibly have a different approach, but usually the person has to be charged with a crime first before they get to see a laywer. This mini-case seems pretty clear cut, but most aren't and keeping in mind the totality of the circumstances, there would have to be a lot more before I would agree to having this person charged.
    Gun control can be blamed in part for allowing 9/11 to happen.
    "Si Vis Pacem Para Bellum" (Latin)- "If you want peace, prepare for war".

  15. #14
    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by MilitaryPower View Post
    I would agree with you except for that portion part is putting a little kink in the works. The way I read the statute is if you can go up and order a drink (usually they call this the bar), no carry in that area or any area where you can do that. If you are in a completely different room (say playing pool), where you cannot order a drink from the bar, even if you can have it brought to you, you are not in violation. Of course drinking and carrying is a slippery slope here, but that is not the topic.

    That is the way I interpret it. Laywers might possibly have a different approach, but usually the person has to be charged with a crime first before they get to see a laywer. This mini-case seems pretty clear cut, but most aren't and keeping in mind the totality of the circumstances, there would have to be a lot more before I would agree to having this person charged.


    In order to be in violation, the portion of the establishment that you're in only has to have as it's primary purpose serving alcohol. If you want to try to argue that the "primary purpose" of the tv room in a bar is watching tv, not the service of alcohol, you can certainly give it a go.......but I'm not going there. A cook working back in the kitchen? That one makes perfect sense. Obviously that portion of the establishment has something other than the service of alcohol as it's primary function.

    Again, no skin off my nose how you choose to interpret the statute, and I'll be happy to sit back and watch the test case based on your interpretation, but I think you'll be disappointed in the results.
    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

    Theodore Roosevelt

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    New Member Array USF Rugger7's Avatar
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    Was at a bar two nights ago where cops escorted out a friend of mine who has a carry permit. He was PLAYING POOL and was our DD... they were nice about it because he hadn't been drinking but they did disarm him and make him wait outside until we all paid our tabs.. lucky break I guess. Maybe this will clear some things up for everyone... or just be more evidence towards how borderline the whole rule is (considering the cops let him go)
    Really... I believe you..

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