Georgia Law, Bar Carry - Owner/Employee v. Customer

This is a discussion on Georgia Law, Bar Carry - Owner/Employee v. Customer within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I carried on stage for the first time this weekend because I went to the gig directly from work and didn't want to leave my ...

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Thread: Georgia Law, Bar Carry - Owner/Employee v. Customer

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    Member Array Biomortis's Avatar
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    Georgia Law, Bar Carry - Owner/Employee v. Customer

    I carried on stage for the first time this weekend because I went to the gig directly from work and didn't want to leave my G27 in my truck. The set of circumstances that made me decide that it was probably legal was:

    This concert was in an auditorium that is part of a much larger facility on private property.

    They had a temporary alcohol permit and since more than 50% of income is not alcohol, I reasoned it would fall into the same category as a restaurant instead of a bar.

    It being a small auditorium of less than 300 seats, made it smaller than a lot of the movie theater rooms here, which have been ruled not to be a public gathering.

    Now being that I was "talent" or in effect a contracted employee, nobody is looking at me as a security threat anyways.

    So this got me wondering, the law says I can carry in my place of business. What if my business is a bar? Does the 50% clause overrule my status as the owner. Plus, does the phrase "place of business" apply to anyone that works there, not just the owner? To me it seems it does.

    Just looking for opinions. Not going to treat any comment as the gospel so no need for IANAL.
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    Senior Member Array rmodel65's Avatar
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    the law makes no exceptions to owners of business that host the public gatherings.....more than likely you were in violation because people were gathered for a specific event....
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    Member Array Biomortis's Avatar
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    A movie is a specific event too yet it was ruled not a public gathering. It has a specific date and time, admission is charged, there is no assigned seating, concessions are available and even alcohol if the movie theater has a liquor license. So, the only difference for our small concert is that the entertainment is live and while the law does specifically single out things like sporting events it does not single out concerts as far as I know.
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    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by Biomortis View Post
    A movie is a specific event too yet it was ruled not a public gathering. It has a specific date and time, admission is charged, there is no assigned seating, concessions are available and even alcohol if the movie theater has a liquor license. So, the only difference for our small concert is that the entertainment is live and while the law does specifically single out things like sporting events it does not single out concerts as far as I know.


    ummm the only place that is for certain not a Public Gathering is McDonalds....it is the only place held on appeal to be such...SO i dont know where your getting this movies isnt a PG deal from. Baseball games charge admission and some have no assigned seating yet they are PG's...heck a car auction is a Public Gathering and some of those charge admission to attend....
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    Sorry y'all, but I see IANAL and I have to ask what does it mean? Yeah, I'm new. Thanks for the education in advance.

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    Senior Member Array rmodel65's Avatar
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    ianal= i am not a lawyer
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    VIP Member Array goldshellback's Avatar
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    The Public Gathering clause was ment for that very purpose.....to be ambigious.

    A mall in-of itself isn't a PG, now put a antique car show or a holiday performace by , say, a school choir in there and it 'can be called a PG.

    I've been told that a bar or restruant is not a PG, but put on a show/concertand you got a violation.

    Ultimatly it matters to the police/DA 'how' they want approach it 'if' you get caught/arrested.

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    GEORGIACARRY.ORG

    Every Georgian needs to join. They are doing everything they can to help get this "public gathering" law overturned and specific places listed

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    Distinguished Member Array Doc Holliday's Avatar
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    Quote Originally Posted by Phantoms View Post
    GEORGIACARRY.ORG

    Every Georgian needs to join. They are doing everything they can to help get this "public gathering" law overturned and specific places listed
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    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by goldshellback View Post
    The Public Gathering clause was ment for that very purpose.....to be ambigious.

    A mall in-of itself isn't a PG, now put a antique car show or a holiday performace by , say, a school choir in there and it 'can be called a PG.

    I've been told that a bar or restaurant is not a PG, but put on a show/concertand you got a violation.

    Ultimatly it matters to the police/DA 'how' they want approach it 'if' you get caught/arrested.

    Be careful, be safe, and concealed means concealed.


    a bar is a PG....with that said there are very few true bars in GA most are restaurants esp if they serve alky on sundays...the only way to know for sure is to look at their business license.
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    Since I'm not from GA and don't know the exact laws there, I'll skip over any specifics and be general. Although you are working a gig at the auditorium, it is not your place of business, only a place where you are working.

    Seeing as they auditorium had a "temporary" alcohol license, I don't think that would have met the requirements of being classified as a bar or other place that derives more than 50% of it's business from selling alcohol.

    Long story short: Why risk getting hauled off to jail if you were in doubt? Really, what's the odds of your needing to defend youself during that time frame at that location? Is it worth the hassle?
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    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by OldVet View Post
    Since I'm not from GA and don't know the exact laws there, I'll skip over any specifics and be general. Although you are working a gig at the auditorium, it is not your place of business, only a place where you are working.

    Seeing as they auditorium had a "temporary" alcohol license, I don't think that would have met the requirements of being classified as a bar or other place that derives more than 50% of it's business from selling alcohol.

    Long story short: Why risk getting hauled off to jail if you were in doubt? Really, what's the odds of your needing to defend youself during that time frame at that location? Is it worth the hassle?


    actually it is his place of business....

    Caselaw on GeorgiaPacking.org, Idellett v. State, 14 Ga. App. 501 (1914)

    Employees have every bit as much right to carry at work as employers without procuring a license, as it was not the intent of the General Assembly to create an elite class of landed proprietors with the privelege of bearing arms. Therefore, the exemption from the licensing law for "place of business" is not limited to owners or overseers. Further, at a farm, a laborer's "place of business" includes, in addition to the buildings, the field, woodland, and meadow, and all parts of the farm.

    but there is no PG exception....so the point is moot
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    The OP might want to do a search on former A.G. Bower's opinion on the subject. It and State v. Burns are the only legal precedents I am aware of that set some kind of loose definition for the PG clause.

    Although I don't have a site to spam for, like the above post, my free advice is that I'd ask the Mods to delete this thread.

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    Member Array Biomortis's Avatar
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    SB308 takes care of this situation that hopefully goes into effect in July.
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    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by Biomortis View Post
    SB308 takes care of this situation that hopefully goes into effect in July.


    if it isnt vetoed it will be law at the begining of June...iirc by the 8th
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