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Firearms and Other Weapons Had a request for this forum, so here it is. Guess it will give me some place to talk about guns myself after selling my ArmsLocker forum.

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Unread 12-15-2010, 12:57 PM   #1
thebeepster
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Default Concealed Carry Question

I seem to recall that one of the PROHIBITED places that you can legally carry (w/permit) is into any establishment serving alchoholic beverages. Seems to me this may be one of the places you need it the most. If you should take your spouse or significant other out for the evening for cocktails and/or dinner, and you are walking to and from the parking lot, you can be vulnerable. I'm interested to know how others are handling this issue. While I don't want to intentionally violate the law, I do not intend to become a target. I am mindful of the old axiom...the time you leave it at home is when you may need it...comments??
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Unread 12-15-2010, 01:35 PM   #2
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Originally Posted by thebeepster View Post
I seem to recall that one of the PROHIBITED places that you can legally carry (w/permit) is into any establishment serving alchoholic beverages. Seems to me this may be one of the places you need it the most. If you should take your spouse or significant other out for the evening for cocktails and/or dinner, and you are walking to and from the parking lot, you can be vulnerable. I'm interested to know how others are handling this issue. While I don't want to intentionally violate the law, I do not intend to become a target. I am mindful of the old axiom...the time you leave it at home is when you may need it...comments??
Alcohol and Firearms are NOT a good mix...period.
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Unread 12-15-2010, 03:57 PM   #3
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Alcohol and Firearms are NOT a good mix...period.
I agree. It's not the fact that alcohol is served at the location, but the statute tries to keep you from brandishing or shooting the weapon while intoxicated. If you had it in your hidden holster, and weren't drinking then who would ever know? It would be easy enough to explain the use of the gun where it's not allowed if you used it properly and were not drinking at all. If you have been drinking and show/use the gun,,, look out. The laws gonna bite you pretty bad.
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Unread 12-15-2010, 06:48 PM   #4
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You can carry in a restaurant that serves alcohol but not into the bar area if there is one. I would never drink while carrying. I would never walk into a bar while carrying. The minute you walk in the door of a bar you are in violation and subject to arrest.

You can also get a lock, usually your local police or sheriff's dept will give them to you free and you can conceal and lock it in your car.
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Unread 12-15-2010, 08:26 PM   #5
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Alcohol and Firearms are NOT a good mix...period.
Actually, it's not that firearms and alcohol doesn't mix well, BRAINS and alcohol do not mix well, which is the actual root of the problem...
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Unread 12-16-2010, 06:30 AM   #6
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...It would be easy enough to explain the use of the gun where it's not allowed if you used it properly and were not drinking at all. If you have been drinking and show/use the gun,,, look out. The laws gonna bite you pretty bad.
I'd be more concerned over the civil repurcussions.
A decent attorney can probably beat the criminal issue, or at least minimize the damage, if you're using the weapon in self defense/defense of others; however, you'll lose your permit AND give the anti-gunners more fuel for thier witch hunt fire.
The civil side is going to be very ugly!
If/when your BAC is determined, the plaintiff's counsel is going to use that, along with your violation of the statute (dont' think they can use the acutal conviction though), to eat you alive in civil court.
The $$$ damages can bankrupt you.....

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You can carry in a restaurant that serves alcohol but not into the bar area if there is one. I would never drink while carrying. I would never walk into a bar while carrying. The minute you walk in the door of a bar you are in violation and subject to arrest....Some law enforcement agencies now have stated policies restricting thier officers from carrying off duty in similar locations.
Exactly.
You're restricted from carrying concealed in an establishment that received over a certain percentage of it's profits from the sale of alcohol, or sells alcohol as it's primary product.

85Vette is correct....alcohol and firearms = bad mix!
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Unread 12-16-2010, 06:31 AM   #7
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Thanx for the comments! Just trying to get back into the habit of carrying after being lax the last few years. Guess I'm watching too much news lately. Life is good but the world we live in appears to be deteriorating.

As a point of interest, the Texas law is a bit more specific. It is legal to carry there into any establishment that derives less than 50% of its gross revenue from the sale of alchoholic beverages. This pretty much clears the way for most good restaurants. Its really not the establishment that concerns me but the journey to and from the parking area...and we NEVER valet park the vette....
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Unread 01-07-2011, 05:53 PM   #8
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Yes, I teach alcohol compliance to establishments that sell and server alcohol. You can carry concealed as long as you don't sit at the "bar" or the area that servers/prepares the alcohol.

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Unread 01-07-2011, 08:49 PM   #9
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790.06(12) – No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; 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 elementary or secondary school facility; any area vocational-technical center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. 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.
The BOLDED sections above are the areas you need to pay specific interest. The term primarily devioted to is the key when entering any establishment that serves alcohol.

Even then, it may still lend itself to interpretation (meaning you'lkl have to have your attorney interpret it in court) if you get caught sitting at the "bar" in the Outback Steakhouse for example.

Even though many people eat there, it's "primary function" will likely be determined to be the sale and consumption of alcohol.

The term "nuisance establishment" is also one you want to pay particular attention to.

Let's assume you go to a local restaurant that has a "shady" character, has had it's share of "disturbance calls" (which could be simply loud music), yet still has a designated restaurant area.
If there have been eoungh calls for service at the location, it's now considered a nuisance establishment....oops!...again

Good to know your locations as well as your statutes
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Unread 01-07-2011, 09:32 PM   #10
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The BOLDED sections above are the areas you need to pay specific interest. The term primarily devioted to is the key when entering any establishment that serves alcohol.
I think you'll agree that you don't have to be seated at the bar. Most restaurants have a designated area that is considered the bar and the entire area is off limits.
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