Clarification on CCW where alcoholic beverages are ssold and conssumed. - Page 2
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Thread: Clarification on CCW where alcoholic beverages are ssold and conssumed.

  1. At times, I believe some of these legal-carry rules can be confusing, and we all should agree that none should ever be written to confuse anyone, including LEO's. In Virginia, we are blessed with our own "2nd A", with an mix of regulations, and with the efforts of activists like the Virginia Citizens' Defense League (VCDL), our rights in VA are being improved. It would be helpful, especially when traveling, to research and carry copies of the destination state's relevant statutes, study them, and keep handy, just in case.

    As of now, in VA, those with a CHP can legally carry concealed into locations with an ABC (Alcohol Beverage Control) license to sell AND sell/consume, but may not consume alcohol while carrying concealed. However, since VA is an open-carry state (if you can legally own a firearm, you can legally carry OPEN), the restaurant carry rule can confuse, e.g., as long as you carry open, you can consume. The DUI rules still apply, of course. However, VCDL leadership believe that "when carrying, don't drink, and when drinking, don't carry!"

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  3. #12
    Join Date
    Feb 2010
    Location
    Santa Fe Area, New Mexico
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    Quote Originally Posted by cometface View Post
    North Carolina is on my list to never go there.
    Ahhhh, the pot calling the kettle black? Not real big on a trip to the upper left coast myself. Although gooey duck clams sound intriguing
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

  4. #13
    Join Date
    May 2012
    Location
    Bay City, Michigan
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    31

    harold_b.

    I don't want to rude just truthful here, you should never ever dink and or take drugs legal or otherwise that will even slightly impair your thoughts and senses.,and carry a firearm. how many drunk drivers say I only had a couple officer. Also it sounds like you disrespect authority? I'm glad that that don't happen everywhere in the U.S.

  5. In AR you may carry in a restaurant with a bar, if the bar is separate from the customer seating area (with some other minor details). Would never drink and carry, however. I can't drink, and wouldn't if I could, with my CC in tow.

  6. #15
    Join Date
    Jul 2011
    Location
    Sepra Peratus/Arkansas
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    Quote Originally Posted by r1derbike View Post
    In AR you may carry in a restaurant with a bar, if the bar is separate from the customer seating area (with some other minor details). Would never drink and carry, however. I can't drink, and wouldn't if I could, with my CC in tow.
    Hey r1der, I've heard but can't find that this July or August the new laws in AR will make it legal to carry in a bar. Have you seen this?
    This may be a little off topic from OP
    Cites for AR CHCL carry in places that sell for consumption of Alcoholic beverages on premises

    (12) Any portion of an establishment, except a restaurant as defined in 3-5-1202, licensed to dispense alcoholic beverages for consumption on the
    premises;
    (13) Any portion of an establishment, except a restaurant as defined in 3-
    5-1202, where beer or light wine is consumed on the premises;
    Arkansas Concealed Carry Permit Information and Reciprocity
    3-5-1202. Definitions.
    (11) "Restaurant" means any public or private place which is kept, used, maintained, advertised, and held
    out to the public or to a private or restricted membership as a place where complete meals are actually and
    regularly served, such place being provided with adequate and sanitary kitchen and dining equipment and a
    seating capacity of at least fifty (50) people and having employed a sufficient number and kind of employees
    to prepare, cook, and serve suitable food for its guests or members. At least one (1) meal per day shall be
    served, and the place shall be open a minimum of five (5) days per week, with the exception of holidays,
    vacations, and periods of redecorating.
    HISTORY: Acts 1991, No. 611, 1; 1995, No. 491, 1.
    Arkansas Concealed Carry Permit Information and Reciprocity
    Carry in Restaurants That Serve Alcohol
    YES 5-73-306.
    Note: A “YES” above means you can carry into places like described below. “NO” means you can’t.
    Handgunlaw.us definition of “Restaurant Carry” is carry in a restaurant that serves alcohol. Places
    like Friday’s. Chili’s or Red Lobster. This may or may not mean the bar or the bar area of a
    restaurant. But you can carry your firearm into a restaurant that serves alcohol and sit and eat
    without consuming. Handgunlaw.us recommends you not sit at the Bar or in the Bar area of such
    restaurants. In some states it is illegal to be in the Bar area of such restaurants. Handgunlaw.us
    believes you should never consume alcohol when carrying your firearm. In some states it is illegal to
    take even one drink while carrying a firearm. If you want further info on carrying in places that serve
    alcohol check your state laws
    http://www.handgunlaw.us/states/arkansas.pdf
    ~Responsible people who understand that their personal protection is up to them, provide themselves with protection. Those that don't have only themselves to blame.~Proud NRA ~SAF~GoA Member~

  7. #16
    Join Date
    Oct 2009
    Location
    Eugene, Oregon, United States
    Posts
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    Quote Originally Posted by Pitt County Pride View Post
    Please let me know where this perfect place is that you live so I will never go there and spoil it. We are waiting on the NC Senate to approve changes to state law which will allow concealed carry in businesses that "sale" and "serve"alcoholic alcoholic beverages so long as none are consumed. They are also set to approve concealed handguns in vehicles on college campuses. North Carolina is in the top fifteen of gun-friendly states.
    Concealed carry permit holders are allowed at any state, city or county schools. In bars, any where except Federal buildings.
    If privately owned property with a sign asking for no guns permitted is not against the law unless you are asked to leave and you do not leave.
    It was not difficult to get a permit. Class and submit to County Sheriff and wait for a 4-6 weeks.
    Regular ID checked and running you name with the Government for buying handguns and rifles ect. Ususally takes 5 minutes or so. No ban on
    AR15 or big mags. I kind of like it here in Oregon.

  8. Quote Originally Posted by gejoslin View Post
    Hey r1der, I've heard but can't find that this July or August the new laws in AR will make it legal to carry in a bar. Have you seen this?
    This may be a little off topic from OP
    Cites for AR CHCL carry in places that sell for consumption of Alcoholic beverages on premises

    (12) Any portion of an establishment, except a restaurant as defined in 3-5-1202, licensed to dispense alcoholic beverages for consumption on the
    premises;
    (13) Any portion of an establishment, except a restaurant as defined in 3-
    5-1202, where beer or light wine is consumed on the premises;
    Arkansas Concealed Carry Permit Information and Reciprocity
    3-5-1202. Definitions.
    (11) "Restaurant" means any public or private place which is kept, used, maintained, advertised, and held
    out to the public or to a private or restricted membership as a place where complete meals are actually and
    regularly served, such place being provided with adequate and sanitary kitchen and dining equipment and a
    seating capacity of at least fifty (50) people and having employed a sufficient number and kind of employees
    to prepare, cook, and serve suitable food for its guests or members. At least one (1) meal per day shall be
    served, and the place shall be open a minimum of five (5) days per week, with the exception of holidays,
    vacations, and periods of redecorating.
    HISTORY: Acts 1991, No. 611, 1; 1995, No. 491, 1.
    Arkansas Concealed Carry Permit Information and Reciprocity
    Carry in Restaurants That Serve Alcohol
    YES 5-73-306.
    Note: A “YES” above means you can carry into places like described below. “NO” means you can’t.
    Handgunlaw.us definition of “Restaurant Carry” is carry in a restaurant that serves alcohol. Places
    like Friday’s. Chili’s or Red Lobster. This may or may not mean the bar or the bar area of a
    restaurant. But you can carry your firearm into a restaurant that serves alcohol and sit and eat
    without consuming. Handgunlaw.us recommends you not sit at the Bar or in the Bar area of such
    restaurants. In some states it is illegal to be in the Bar area of such restaurants. Handgunlaw.us
    believes you should never consume alcohol when carrying your firearm. In some states it is ill.egal to
    take even one drink while carrying a firearm. If you want further info on carrying in places that serve
    alcohol check your state laws
    http://www.handgunlaw.us/states/arkansas.pdf
    gejoslin, I've not seen or heard that either. I've also got extreme reservation on the so-called open carry law about to signed in this state. No case law, no clarification on it except that the ASP and Arkansas judicial members won't consider it as open carry. There will be arrests made, until case law establishes precedent, and I'm afraid there will be many arrests made in the future. I don't see the new law as open carry. I cannot make the leap from present law to open carry. Sorry for my pessimism, but it isn't going to happen, because of law enforcement, judicial, and legislative actions.

    All I see in the new legislation is clarification of a journey, and protecting ownership of an non CHCL gun, when on a trip, if no criminal intent is planned...

  9. #18
    Thanks for all the input. Just returned today from NC, spent 16 years there when in the Corps, and still love that state. Easy enough to follow the law, just wanted to make sure it was interpreted right. In VA we can carry in establishments that serve, as long as you are not consuming while carrying. There are a few places that serve and are nationally known like BWW that post no weapons. Overall a good trip, carried down, secured while on military reservation and in establishments that served alcohol, kept it in the box while at beach house because many kids around with the families that joined us there. Got on the road back today around noon and put it back in my holster. Always good to have access to resources for info and input from fellow gun owners. Thanks.

  10. #19
    Thanks for all the input. Just returned today from NC, spent 16 years there when in the Corps, and still love that state. Easy enough to follow the law, just wanted to make sure it was interpreted right. In VA we can carry in establishments that serve, as long as you are not consuming while carrying. There are a few places that serve and are nationally known like BWW that post no weapons. Overall a good trip, carried down, secured while on military reservation and in establishments that served alcohol, kept it in the box while at beach house because many kids around with the families that joined us there. Got on the road back today around noon and put it back in my holster. Always good to have access to resources for info and input from fellow gun owners.
    jeffmacc, I have a really good app on my iPhone that updates regularly with all 50 states for laws and reciprocity.
    Thanks.

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  11. #20
    Join Date
    May 2009
    Location
    Greenville, NC
    Posts
    78
    Blog Entries
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    NC Tied For 15th Most Gun-Friendly State

    Quote Originally Posted by cometface View Post
    Concealed carry permit holders are allowed at any state, city or county schools. In bars, any where except Federal buildings.
    If privately owned property with a sign asking for no guns permitted is not against the law unless you are asked to leave and you do not leave.
    It was not difficult to get a permit. Class and submit to County Sheriff and wait for a 4-6 weeks.
    Regular ID checked and running you name with the Government for buying handguns and rifles ect. Ususally takes 5 minutes or so. No ban on
    AR15 or big mags. I kind of like it here in Oregon.
    In an objective ranking of state gun laws, Guns & Ammo recent listed NC as being in a 7-way tie for 15th place while listing Oregon as in 28th place. Seems Oregon has no reciprocity and, unlike NC, does not have the Castle Doctrine for home, business and vehicles... Hmmmmmm... With current legislation under consideration by our General Assembly, NC will be in the top ten gun friendly states. Looks like Oregon could learn a lot from North Carolina. Gun owners are welcome in North Carolina!!!

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