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areas to carry questions

This is a discussion on areas to carry questions within the North Dakota Discussion and Firearm News forums, part of the Firearms Discussion by State category; A couple of questions about where I can carry: Restaurants? Do they fall under the liquor distributor ccw ban? What ...

  1. #1
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    Default areas to carry questions

    A couple of questions about where I can carry:

    Restaurants? Do they fall under the liquor distributor ccw ban?

    What about the fair? I dont think this would be considered a public gathering, but if I didnt have a question about it I wouldn't be asking.

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    It depends on the laws of your state. In my state, WA, I can carry in a resturant as long as it is not in the portion set aside as a bar. I can also carry in a store that sells beer and liquor as long as the store is not restricted to persons 21 and over I can carry there. However I can not carry at a concert or other type of outdoor music festival. There is a spot on this web site where you can research the laws of you state. Other prohibited areas include court houses, jails, mental institutions. I can even open carry in anyplace I can carry concealed in WA.
    ["Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!"
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    Question Fair CC Area?

    Our fairs are crowded places and I don't see that a completly concealed pistol would cause any alarm or panic. I'd hate to draw, point and shoot at anyone in all that mess of humanity, and if I was taking return fire I'm sure someone would get clipped or dropped, very bad end to any heroic act!
    But when the bands start-up and the beer flows, I do not think it's legal or even prudent to pack thru the gates into the bleachers, even if you had to use your pistol inside the event, you would probably be wearing the same cuffs as the perps when the LEO's showed-up, and there are plenty there, in uniform and U/C or O/D.

    Canis-Lupus :mp230603214546Murde
    Last edited by Canis-Lupus; 04-16-2008 at 05:41 PM.

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    Here we cannot carry to any "public gatherings" i.e. athletic/sporting events, schools or school functions, churches or church functions, polital rallies or functions, musical concerts, public owned parks/buildings.

    Heres what ND law says for liquor/gaming establishments:

    62.1-02-04. Possession of firearm or dangerous weapon in liquor establishment or gaming site
    prohibited - Penalty - Exceptions. Any person who enters or remains in that part of the establishment
    that is set aside for the retail sale in an establishment engaged in the retail sale of alcoholic beverages
    or used as a gaming site while in the possession of a firearm or dangerous weapon is guilty of a class A
    misdemeanor. This section does not apply to:
    1. A law enforcement officer.
    2. The proprietor.
    3. The proprietor's employee.
    4. A designee of the proprietor when the designee is displaying an unloaded firearm or dangerous
    weapon as a prize or sale item in a raffle or auction.
    5. Private security personnel while on duty for the purpose of delivering or receiving moneys used
    at the liquor establishment or gaming site.

    So my question here is would a restaurant that serves liquor be considered a retail liquor establishment, if you are not in the designated bar area?

  5. #5
    netentity's Avatar
    netentity is offline Obama is a mack daddy!
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    Default Nope, you can't carry at either...

    Quote Originally Posted by Skindad88 View Post
    A couple of questions about where I can carry:

    Restaurants? Do they fall under the liquor distributor ccw ban?

    What about the fair? I dont think this would be considered a public gathering, but if I didnt have a question about it I wouldn't be asking.
    If the restaurant is included in the liquor license then no, you cannot legally CCW. If it's the bar or lounge only then yes you can carry in the restaurant portion only.

    In other words establishments like Chili's, Hooter's, RubyTuesday/TGIFridays, Outback and Red Lobster would be entirely off limits because the entire establishment is probably licensed to serve alcohol for on premises consumption as it is in other States. If you can order a drink with your meal, you cannot legally CCW there unless you're carrying under the authority of the federal LEOSA.

    ND liquor licenses are drafted so what specific portion of the establishment can serve liquor for on premises consumption. ND is not like FL, KY, LA, OK, TX or WA where's there's a distinction between bars that serve food (LA), restaurants that serve alcohol (LA), a 51% law (TX) or establishments that are open to those only 21 or over (WA).

    ND is much like GA and NC with respect to prohibited areas.

    Yes, the fair would be considered to be a public gathering.

    I'm surprised that no one has gotten the ND legislature to address these prohibited areas. While I am a ND certified instructor, it is not high on my list to visit because your better restaurants do serve alcohol for on premises consumption.
    Know the law; don't ask, don't tell.
    NRA & UT Certified Instructor; CT, FL, NH, NV, OR & UT CCW Holder
    Happy new 1984; 25 years behind schedule. Send lawyers, guns and money...the SHTF...

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    Thank you very much for clearing that up for me.

    As for as contacting the legislature for making changes... how does that work? I tend to stay out of the political world, so would it take a letter or something saying how about easing up on some of the restrictions? And who should it go to?

  7. #7
    netentity's Avatar
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    Default You contact your State Senators and Assemblypersons

    Here's the ND State page on the list of your legislative districts.

    Call, e-mail and FAX your legislators on what you want changed. Mentioned that two out of the three States bordering ND do not have the prohibited areas ND does. I'll go to MN and SD long before I'll go to ND since I can sit down and have a nice meal while legally armed. Can't do that in ND in restaurants that serve alcohol for on premise consumption.

    Since I'm in NV, the bar prohibition is stupid. If you're worried about CCW under the influence, create a CCW under the influence statute.
    Know the law; don't ask, don't tell.
    NRA & UT Certified Instructor; CT, FL, NH, NV, OR & UT CCW Holder
    Happy new 1984; 25 years behind schedule. Send lawyers, guns and money...the SHTF...

  8. #8
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    I have 3 daughters and my youngest who is 18yrs old bought her sisters and herself each a stungun for christmas . She was told she needs a ccw to carry one thats all ok . She went and took her class 2 test and all my middle daughter turns 21 in feb so she wants to go with her older sister and get the class 1 . My question is my oldest who is 26 yrs old had gotten a DUI 3or so yrs ago . can she get a CCW permit ? she paid the fines and took the classes all is back to normal for a 26yr old haha but will that DUI make a problem for her ? sorry I should have started a new thread. I just reg on the site and came upon this thread in ND and asked .
    Last edited by SIGP938; 01-14-2013 at 07:57 AM. Reason: I should have started a new thread

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