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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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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..... :yup:
 

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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.
 

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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.
 

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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.
 

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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.
 

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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.
 

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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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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.
 

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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. :image035:
 

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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. :image035:
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.
 

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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.
 

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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)
 

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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)
Sounds like he was pretty lucky! Do you know the particulars of specifically how he got "made" for carrying a gun?
 

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Oh, just to make myself clear; I would prefer it if the statute plainly said that you cannot carry in a bar. That way there would be less ambiguity. I'm just trying to interpret what the statute means given the current wording. Of course, I think that you should be able to carry into a bar, but I digress.

There is more to your story, USF Rugger7. Obviously, the location of both the pool area and the bar area come into play here, and as to how he got made.
 

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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.

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.
I agree partly, obviously the room that has the bar is primarily devoted to serving alcohol, but the other room is not. It could be the primary consumption room, if you want to call it that, your friends could even bring you a drink from the other room. That statute says the primary purpose for dispensing. If you have other activities going on and no bar in this portion of the establishment, how does this fit in as dispensing alcoholic beverages in a portion of the establishment primarily devoted to such purpose?

I'm not trying to have a urinating match here, and not trying to force my opinion on anybody, and not saying that this is the one and only way. This is the way that I see it, and if someone can get me to see otherwise, good for them and good for me. I've been wrong before. I don't have to really worry about carrying in bars, but for other people who feel they need to, we should get to the bottom of this.
 

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I agree partly, obviously the room that has the bar is primarily devoted to serving alcohol, but the other room is not. It could be the primary consumption room, if you want to call it that, your friends could even bring you a drink from the other room. That statute says the primary purpose for dispensing. If you have other activities going on and no bar in this portion of the establishment, how does this fit in as dispensing alcoholic beverages in a portion of the establishment primarily devoted to such purpose?

I'm not trying to have a urinating match here, and not trying to force my opinion on anybody, and not saying that this is the one and only way. This is the way that I see it, and if someone can get me to see otherwise, good for them and good for me. I've been wrong before. I don't have to really worry about carrying in bars, but for other people who feel they need to, we should get to the bottom of this.

I honestly think you're putting way too much weight on your definition of "dispense". You seem to be under the impression that the only place that alcohol is "dispensed" in a bar is at the bar itself. A quick check of the dictionary shows a number of definitions, one of which is "to give or deliver". I have to admit, you're virtually the only person I've ever run into that interprets this particular statute in that manner.......including the attorneys that I know who carry. They all tell me that in their opinion, the primary purpose of the entire bar is to despense alcohol for consumption. Any ancillary activities (like pool or tv) are simply in support of the purpose that the bar exists for in the first place, and that's as a business that earns revenue, primarily by selling alcohol for consumption on the premises.

Of course, the more pragmatic question is, remembering that we're talking bars here......how do you get to the ancillary room(s) in the first place? Unless the tv or pool room has it's own entrance separate from the rest of the establishment, the question in moot, because you'd have to pass through other portions of the establishment to get there.

Having said all that, the only way to "get to the bottom of it" is to end up as a test case and I have no intention of doing that. Neither could I, in good conscience recommend that to anyone else who asked my opinion.

I also agree, if you can carry and drink in a restaurant, you should certainly be able to carry in a bar. The distinction makes no sense at all.

:bier:
 

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Oh, just to make myself clear; I would prefer it if the statute plainly said that you cannot carry in a bar. That way there would be less ambiguity. I'm just trying to interpret what the statute means given the current wording. Of course, I think that you should be able to carry into a bar, but I digress.
I think the statute is plenty clear.
Jon Gutmacher, author of Florida Firearms Law thinks it is clear.

If you carry into an establishment whose primary purpose is to serve alcohol, you are in violation of FL law.

Chili's, Applebee's, etc. you're good to go IF you stay out of the bar area. If you walk through to go to the bathroom, you are in violation of the law.

USFRugger's friend got lucky he found some cops who cut him some slack. I would not take that chance.

And, I agree, stupid law. You should be able to carry in a bar, IMHO.
 
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