carrying in a facility that serves alcohol?

[old lady new shooter]

USCCA has a new video out, interviewing an ex-Marine carry permit holder who lives in Cali and was with several ex-Marine buddies in a SoCal restaurant that serves alcohol when a gunman started firing. In Cali a place that serves alcohol is apparently a "sensitive location" where carry is prohibited. Being law-abiding citizens, the ex-Marines had locked up their guns in his vehicle before entering the establishment. This left them not only without the best means of stopping the attack, but also prevented him from using his medical skills to help wounded patrons because he couldn't get to them. The USCCA guy said prohibiting drinking while carrying would be a different story, but prohibiting entering a facility that serves alcohol is stupid, as exemplified by this incident (Three innocent people were killed; police took out the shooter when they arrived.), a law-abiding permit-holder should be allowed to enter such a facility as long as s/he doesn't actually order any alcoholic beverages. (The latter is the law in AZ where I thankfully live BTW. )

Interested to hear what the law is in other states, and if you live in a state where the law is like Cali what your local gun groups are doing to get it changed.

Here's the video:

Gun Owner Was CAUGHT Without His Firearm During A Mass Shooting Because He Was...

▶[GIVEAWAY] Enter To Win Here: https://bit.ly/44BFw54This video is for educational purposes.00:00 Bill Huff could have intervened in a mass shooting…02:30 Bi...

www.youtube.com

 

[JohnKSa]

In TX, you can't carry into a place that makes more than 50% of its revenues from the sale of alcohol that is to be consumed on the premises. So no carry in bars. You can carry in a liquor store because it's against the law to drink on liquor store premises. You can carry in a typical restaurant that serves alcohol--if the restaurant makes more than 50% of its revenues from drink sales, they must post a sign to that effect to give you notice.

There's no law against drinking while carrying, but carrying while intoxicated is a crime. To complicate matters, there's no established BAC in the handgun laws that would prove either that a carrier is over or under the limit. Probably the best course of action is to avoid drinking entirely while carrying.

As far as I know, there's no push in TX to get the law changed.

 

[DukeConnor]

PA has no restrictions on carrying in a bar or consuming alcohol while carrying.

 

[RetiredUSNChief]

In South Carolina, if the establishment itself is not posted No Guns per state law, then you may carry into any restaurant which serves alcohol. However, you cannot drink any alcoholic beverages.

Handgunlaw.us says it's not clear as to whether or not you can sit at the bar or bar area. having read the actual statute, I don't think this is unclear at all. I plainly says you can enter, but you can't consume and there's no provisions about the "bar area" whatsoever. I believe that so long as the bar or bar area also serves food, and you're not drinking alcohol, it's likely not to be a problem. But I generally avoid this if those areas are obviously mainly for consumption of alcoholic beverages and not eating.


In Virginia, the statute straight up says you can enter, but cannot consume alcoholic beverages. Virginia says nothing about "No Guns" signs and in Virginia such signs do not carry the force of law.

 

[jmr40]

GA used to be the same. You can now carry where alcohol is served, but not consume while carrying.

 

[JEBruns]

Arkansas's Enhanced CC permit says:
Do not drink alcohol to the point of impairment while in possession of your firearm.

 

[TarDevil]

NC allows carrying in bars but zero tolerance on BAC, so no drinking.

 

[Craig_AR]

While it appears to be not illegal to consume alcohol while legally armed in Arkansas (and possibly other states) should you be in a violent incident, with or without a gun, and the prosecutor chooses to take you to trial over that incident, you can be sure your blood alcohol content will be part of the testimony for the prosecution.
On another front, be sure to check what your "self defense insurance"* policy says about alcohol.

* Most of them are not really insurance, but that term is commonly used to refer to all of them.

 

[MEHavey]

Carrying A Concealed Handgun in Virginia While Consuming Alcohol in Public

It is a Class 2 misdemeanor under Va. Code §18.2-308.012(B) for anyone with a concealed carry permit to consume any alcohol if he carries his handgun onto the premises of any restaurant or club that serves alcohol.

 

[old lady new shooter]

On another front, be sure to check what your "self defense insurance"* policy says about alcohol.

I have CCW Safe, an incident outside my home is not covered if I have been drinking. I'm OK with that, I'd rather be carrying.

 

[rtroha]

In Ohio you can carry in places serving alcohol as long as you don't consume any.

 

[FL-NC]

In Fl you can carry in such a place but you can't be seated at the area of the establishment "decicated primarily for alcohol sales", which I assume is the physical "bar". Of course, many establishments like Hooters or Texas Roadhouse offer bar seating as an option and will serve you whatever food you order while sitting there, and they don't care if you have water with your meal.

 

[Jim Watson]

In Alabama, Handgunlaw.us says:

Carry in Restaurants That Serve Alcohol
Yes (There is no law stating it is illegal.)

Then they get into "should" and "ought" stuff.

 

[Big_Al]

Washington state we can carry in restaurants but not bars. You are not allowed to be intoxicated while carrying but no maximum bac is listed.

 

[SterlingBullet]

Florida is the same as Texas; if more than 50% of the restaurant/bar business’ revenue is from alcohol sales you cannot carry a concealed weapon into the place.

 

[The Night Rider]

Colorado doesn't have any law prohibiting carrying in an establishment that serves alcohol. There is a law prohibiting carrying a firearm while impaired by alcohol but I can't find any place in the CRS that defines impaired.

I don't drink. I don't think I've been in an actual bar since the early 2000s. I only went that time because it was mandatory fun time for the company that I was working for. I ordered a coke when we got there (I don't drink coke anymore either) and based on that the server decided that I was the designated driver and I got my Cokes for free the whole time we were there.

I've sat in the bar area at Texas Roadhouse and at Red Lobster a couple of times. It was a non-event.

I remember going to a restaurant with a bunch of my AA Buddies in a town called Vokenrot in Germany they barely understood English we barely understood German and they were absolutely positive they were not understanding us when we told them we did not want any alcohol with our meal. They kept trying to bring us beer.

 

[CDW4ME]

In FL its okay to have a beer while carrying as long as not in a "bar"; I prefer to sit outside anyway as some restaurant patios have a ocean view.
That said, going out to eat is so expensive I try to seldom go; only if my wife wants to (suggests it) never just me by myself.
At $4.50 or more for a bottle of Yuengling that cost me less than $1 at the store I am disinclined to have more than one beer with the food.

 

[CapnMac]

This is going to wander all over the place, as every State has its own rules about both Alcohol and Guns. (and the intersection of the two often even more complicated than either, individually).

There's a sort of "core" question unasked (perhaps under-asked) in OP on the nature of denying the capable from acting in the Greater Public Good, by fiat. And, that certainly seems tied up far too much in political optics rather than sensible practice for the betterment of society at large.

 

[MEHavey]

sensible practice for the betterment of society at large.

Shirley you jest....

I would offer that in those states where your carry would be illegal -- even though you chose the greater good -- you would be charged.
What happens next is anyone's guess.

Only the lawyers are guaranteed a win.

.

 

[fastbolt]

Here in CA, the DOJ CCW application has some standard restrictions listed. (Note the first 2)

While exercising the privileges granted to the licensee under the terms of this license, the licensee shall not, when carrying a
concealed weapon:
• Consume any alcoholic beverage.
• Be in a place having a primary purpose of dispensing alcoholic beverages for on-site consumption.
• Be under the influence of any medication or drug, whether prescribed or not.
• Refuse to show the license or surrender the concealed weapon to any peace officer upon demand.
• Impede any peace officer in the performance of his/her duties.
• Present himself/herself as a peace officer to any person unless he/she is, in fact, a peace officer as defined by
California law.
• Unjustifiably display a concealed weapon.
• Carry a concealed weapon not listed on the permit.
• Carry a concealed weapon at times or circumstances other than those specified in the permit.

Now, each issuing authority (Sheriff or Chief) may impose any additional restrictions on top of those. If so, it may vary. I've learned of different things from different cities/counties. I saw one CCW license from a county where the sheriff copied the license so the back was twice as large, and filled the back with a long list of restrictions.

 

[CapnMac]

Shirley you jest

Don't call me Shirley

And, in fairness, there are all sorts of things, not merely Carry, that are arbitrarily restricted, State-to-State by fiat; For Reasons.

We, in the "gun community" focus on the moral benefits to society from firearms, from proficiency, from carry, from any of the related issues. But, it's not just "us."

 

[MEHavey]

Don't call me Shirley

(someone always rises to the bait)

 

[Atavar]

Minnesota has no statutes prohibiting firearms in the following places, although administrative regulations may apply:

• Hospitals;
• Bars or restaurants where alcohol is served;
• Sports arenas;
• Most gambling facilities; or
• Polling places.

 

[epags]

Here in CA, the DOJ CCW application has some standard restrictions listed. (Note the first 2)

While exercising the privileges granted to the licensee under the terms of this license, the licensee shall not, when carrying a
concealed weapon:
• Consume any alcoholic beverage.
• Be in a place having a primary purpose of dispensing alcoholic beverages for on-site consumption.
• Be under the influence of any medication or drug, whether prescribed or not.
• Refuse to show the license or surrender the concealed weapon to any peace officer upon demand.
• Impede any peace officer in the performance of his/her duties.
• Present himself/herself as a peace officer to any person unless he/she is, in fact, a peace officer as defined by
California law.
• Unjustifiably display a concealed weapon.
• Carry a concealed weapon not listed on the permit.
• Carry a concealed weapon at times or circumstances other than those specified in the permit.

Now, each issuing authority (Sheriff or Chief) may impose any additional restrictions on top of those. If so, it may vary. I've learned of different things from different cities/counties. I saw one CCW license from a county where the sheriff copied the license so the back was twice as large, and filled the back with a long list of restrictions.

This
4 years ago when I went through my preliminary CCW training, the trainer told us that our local county was ok with you having a glass of wine or beer with your dinner. Shortly after that he sent out an email telling all of us that that 'position' of the local county was no longer valid and what @fastbolt put in his post is the state of CA rules and don't drink and carry.

 

[crstrode]

Washington state we can carry in restaurants but not bars. You are not allowed to be intoxicated while carrying but no maximum bac is listed.

Actually, the law only restricts entry into "that portion of an establishment classified by the liquor and cannabis board as off-limits to persons under 21 years of age".