Carrying where alcohol is served? - Page 3

Carrying where alcohol is served?

This is a discussion on Carrying where alcohol is served? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Seems like they should go the way of the great condor....

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Thread: Carrying where alcohol is served?

  1. #31
    VIP Member Array BugDude's Avatar
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    Seems like they should go the way of the great condor.
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  2. #32
    Senior Member Array KevinDooley's Avatar
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    Quote Originally Posted by BlueNinjaGo View Post
    Texans do. Any business who gets more than half of their income from alcohol sales consumed on the premises, must post a certain sign in a highly visible area. No sign = no worries.
    Yup, and as of September, if they do fall under that designation and don't post the sign, you can't be charged with anything. Thank you for sensible laws!
    Quis custodiet ipsos custodes

    The will to win is worthless if you do not have the will to prepare. -Thane Yost

  3. #33
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    Quote Originally Posted by BugDude View Post
    I don't think private parties are not an establishment that sells alcohol for consumption on the premises.
    Private parties at home are OK for carry. Private parties held at other sites under a special event license are OK for carry.

    Quote Originally Posted by BugDude View Post
    Virginia, you can't CC in a place that sells alcohol for consumption, but you can Open Carry (what sense does that make?).
    Close, but not quite right.

    In Virginia, you can't CC in clubs and restaurants that sells alcohol for on premise consumption.

    There are a number of other "on premise consumption" situations --such as special event license that are not addressed in the statute on CC.

    As the code is silent, it is legal -- same as OC is in in clubs and restaurants.

    There is no law need to make something legal. If it is not illegal, then it is legal. That makes all the sense in the world, to me. It's like a youngster driving on the farm but not the public road. It's like hunting on your own property. It's like spitting on your own yard but not a public sidewalk inches away from it, or on a road but not a sidewalk. It's like a noise restriction, inspections, tags etc on the road not applying to a NASCAR track, etc.
    Last edited by DaveH; February 3rd, 2010 at 10:20 PM. Reason: typo
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    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

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  4. #34
    Senior Member Array KevinDooley's Avatar
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    Quote Originally Posted by tbmccord View Post
    Even if there is no sign, you can not carry and consume at the same time. If you blow a 0.01 while carrying, you will be prosecuted and will lose your CHL. Legal limit for DWI is 0.08.
    Unless this is an extremely recent law change this is incorrect (IE: since September, which would be impossible since the legislation hasn't been in session). There is no established legal limit listed for while carrying. The law merely says that you cannot carry while intoxicated. That MAY mean that a judge would say that any alcohol in your system is too much, but he MAY also decide that if you're under the DWI limit of .08 that you're fine. It would all come down to the judge, the DA, and your attorney. Whether you want to take that chance or not is up to you - but the law is ambiguous on this point.
    Quis custodiet ipsos custodes

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  5. #35
    Senior Member Array KevinDooley's Avatar
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    Quote Originally Posted by gddyup View Post
    In NH we have no such laws. The only places you cannot carry as defined in NH RSA is a courthouse and any other federal building otherwise defined as off-limits under federal law.

    I can pretty much carry my CCW anywhere else I want in the state.
    As it should be.
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    The will to win is worthless if you do not have the will to prepare. -Thane Yost

  6. #36
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    Quote Originally Posted by BugDude View Post
    Seems like they should go the way of the great condor.
    Don't associate the condor with unreconstructed legislators. It's unfair to the condor (a great bird, and there are a few of them left).

  7. #37
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    Quote Originally Posted by tbmccord View Post
    In Texas, there is the 51% rule. If an establishment generates 51% or more of its revenue from the sale of alcohol, they must post a 51% sign and you can't carry there. Even if there is no sign, you can not carry and consume at the same time. If you blow a 0.01 while carrying, you will be prosecuted and will lose your CHL. Legal limit for DWI is 0.08.
    Glad to meet a fellow central Texan! Round Rock was my old stomping grounds for a while, Leander mostly, but had a lot to do in Round Rock.

    Now, your comment was mentioned in an earlier post, sorry to say it was more correct than this... The revenue must be for ON SITE consumption, as previously noted. That means you can CC in a liquor store, for instance, or at the local Taco Cabana (they only limit unlicensed handguns due to TABC law). You are correct that even if the sign is not posted, as soon as you find out you have to take the handgun off premises if you choose to stay. And by premises, I mean 'building'. The parking lot is legally OK in Texas.

    I would like to see your source for "if you blow .01 while carrying..." though, as I have not read anything to this affect. Matter of fact, Texas state law does not prohibit one from drinking while CC'ing, but it flat-out outlaws handling ANY firearm while intoxicated. That means if you're drunk, you can't show off your fancy new side-by-side, much less CC. Interested in this tighter limit for CHL holders you allude too.

  8. #38
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    This is another area where I'm impressed with Minnesota. There's no regulation about carrying at a bar/restaurant/liquor store/etc. You can carry with a BAC up to 0.04%. Nice to be able to go out and have A beer with dinner.

  9. #39
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    Quote Originally Posted by wildcatCWP View Post
    Don't associate the condor with unreconstructed legislators. It's unfair to the condor (a great bird, and there are a few of them left).
    agreed. I apologize to the condors.
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  10. #40
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    Quote Originally Posted by DaveH View Post
    Private parties at home are OK for carry. Private parties held at other sites under a special event license are OK for carry.



    Close, but not quite right.

    In Virginia, you can't CC in clubs and restaurants that sells alcohol for on premise consumption.

    There are a number of other "on premise consumption" situations --such as special event license that are not addressed in the statute on CC.

    As the code is silent, it is legal -- same as OC is in in clubs and restaurants.

    There is no law need to make something legal. If it is not illegal, then it is legal. That makes all the sense in the world, to me. It's like a youngster driving on the farm but not the public road. It's like hunting on your own property. It's like spitting on your own yard but not a public sidewalk inches away from it, or on a road but not a sidewalk. It's like a noise restriction, inspections, tags etc on the road not applying to a NASCAR track, etc.
    I guess I was thinking along the lines of what is the logic of the legality of OC in a club or restaurant that sells alcohol for consumption versus the illegality of CC. I do the Virginia Tuck like I'm supposed to in those situations, but it just seems silly on some level.
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  11. #41
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    Quote Originally Posted by BugDude View Post
    I guess I was thinking along the lines of what is the logic of the legality of OC in a club or restaurant that sells alcohol for consumption versus the illegality of CC. I do the Virginia Tuck like I'm supposed to in those situations, but it just seems silly on some level.
    I may have come across too critical. Sorry. Wasn't trying to put you down.

    You are right that the whole picture is silly.

    IMHO, what is silly is that you can't CC, in the first place.
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    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

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  12. #42
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    Yup, and as of September, if they do fall under that designation and don't post the sign, you can't be charged with anything. Thank you for sensible laws!
    This is not true. You can still be charged and have to go to court to fight it. It is a defense to prosecution that they did not have a sign when they should have, not an exception to the law.

  13. #43
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    I guess that on Sundays you are not in a place that serves alcohol. However, I am not a lawyer and I might be wrong. I recommend you to call the DA or sheriff office there you live and ask about the matter. But even if it is not illegal, other people might not know about it; I should not do it.
    "The Second Amendment: America's Original Homeland Security"

  14. #44
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    Quote Originally Posted by GM View Post
    I guess that on Sundays you are not in a place that serves alcohol. However, I am not a lawyer and I might be wrong. I recommend you to call the DA or sheriff office there you live and ask about the matter. But even if it is not illegal, other people might not know about it; I should not do it.
    In Virginia I'd suggest you write the:

    Virginia ABC Board
    Virginia Department of Alcoholic Beverage Control

    320 Broaddus Ave
    Bowling Green, VA 22427
    (804) 633-5324

    INAL but 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry reads:

    J3. No person shall carry a concealed handgun onto the premises of any restaurant or club as defined in 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of Virginia;
    No mention of when actually serving.
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    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  15. #45
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    I'm glad that PA has no such silly laws. We can carry pretty much everywhere we want except for Courthouses and schools. There is no BAC law here while carrying here. Not that I recommend getting sloshed while carrying, but having a beer with my Friday night fish fry at the local bar is completely acceptable. Hey its Friday, sounds like a good plan!

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