S.308 (restaurant carry) debate from 4/17/13 - Page 27
Page 27 of 60 FirstFirst ... 17252627282937 ... LastLast
Results 261 to 270 of 596

Thread: S.308 (restaurant carry) debate from 4/17/13

  1. #261
    Join Date
    Feb 2012
    Location
    The first state to secede!!!!
    Posts
    325
    Quote Originally Posted by SCfromNY View Post
    As I read comments like,"Better to wait until 2015 or 2016 to get it right or Should be OK in January" I personally find this attitude wrong. The bill would have pleased 90% of gun owners and should have passed and would have except for all the crap that started. You are NEVER going to please everyone. There will always be someone unhappy he can not open carry his twin 1911s along with the full auto AR on his back everywhere. Argruing abount what the 2nd truly means will not solve it. There is always going to be desention. The way I look at it is we gave up nothing we currently have to gain rights that pleased 90% of the gun owners. I for one will keep track of the people and organizations that contributed to this mess.
    This! Very much this!

  2.   
  3. #262
    South Carolina ranks 11th in stolen guns, so you should leave one in your car when you go into a restaurant? --> Not just a problem in SC either

  4. So quick legal question regarding the restaurant carry law currently as it is...if certain counties do not legally allow restaurants to serve alcohol on Sundays, does that mean then that you can carry in those restaurants on Sunday? Because the law says that you cannot carry into a restaurant that serves alcohol for consumption on the premises. Well on Sundays here in Anderson County, unless they are within city limits, they do not serve alcohol for consumption on the premises.

  5. #264
    Join Date
    Jan 2009
    Location
    Manchester State Forest, SC
    Posts
    373
    Quote Originally Posted by AndeyHall View Post
    So quick legal question regarding the restaurant carry law currently as it is...if certain counties do not legally allow restaurants to serve alcohol on Sundays, does that mean then that you can carry in those restaurants on Sunday? Because the law says that you cannot carry into a restaurant that serves alcohol for consumption on the premises. Well on Sundays here in Anderson County, unless they are within city limits, they do not serve alcohol for consumption on the premises.
    Remember when I said this to you in another thread? "Stop wasting valuable time and effort discussing legal minutia and asking rhetorical questions about our rights and put your energy into something worthwhile - band together to fix laws at the state level." Well, you're doing it again. The law, as stupid and unconstitutional as it is, is pretty clear;

    "
    SECTION 16-23-465. Additional penalty for unlawfully carrying pistol or firearm onto premises of business selling alcoholic liquors, beers or wines for on-premises consumption.
    In addition to the penalties provided for by Sections 16-11-330 and 16-23-460 and by Article 1 of Chapter 23 of Title 16, a person convicted of carrying a pistol or firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both. In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, must have his concealed weapon permit revoked."

    Chik-fil-A doesn't sell chicken on Sunday, but I'm pretty sure you'd still call it a chicken place seven days a week. If a restaurant sells alcohol for on premises consumption, they sell alcohol for on premises consumption. It doesn't really matter if they do so 24/7 or only on the 5th Tuesday of every month. It's time to move on to doing something worthwhile...
    "I believe we should achieve a national standard on gun control, and that standard should be none whatsoever."

  6. Quote Originally Posted by hp-hobo View Post
    Remember when I said this to you in another thread? "Stop wasting valuable time and effort discussing legal minutia and asking rhetorical questions about our rights and put your energy into something worthwhile - band together to fix laws at the state level." Well, you're doing it again. The law, as stupid and unconstitutional as it is, is pretty clear;

    "
    SECTION 16-23-465. Additional penalty for unlawfully carrying pistol or firearm onto premises of business selling alcoholic liquors, beers or wines for on-premises consumption.
    In addition to the penalties provided for by Sections 16-11-330 and 16-23-460 and by Article 1 of Chapter 23 of Title 16, a person convicted of carrying a pistol or firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both. In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, must have his concealed weapon permit revoked."

    Chik-fil-A doesn't sell chicken on Sunday, but I'm pretty sure you'd still call it a chicken place seven days a week. If a restaurant sells alcohol for on premises consumption, they sell alcohol for on premises consumption. It doesn't really matter if they do so 24/7 or only on the 5th Tuesday of every month. It's time to move on to doing something worthwhile...
    Well here would be my questions if I were a defense attorney defending someone in that situation:
    Q1: So if a restaurant sells alcoholic beverages, that would mean that if my client were to order some sort of alcoholic beverage, given he is of the legal drinking age, he would have been served an alcohol beverage, correct?
    A1: Yes (not sure how you'd answer no)

    Q2: So on the day in question, what would have happened if my client had have ordered an alcoholic beverage?
    A2: He would have been told that he was not able to do so.

    Q3: Why?
    A3: Because they do not (or legally cannot) sell alcoholic beverages on Sundays.

    Q4: So on that particular day, the restaurant DOES NOT sell alcoholic beverages?
    A4: No.

    Q5: So then how is it that my client is being charged with carrying a gun into a restaurant that sells alcoholic beverages when you just clearly stated that at the time he was arrested, the restaurant DID NOT sell alcoholic beverages.
    A5: Ummm...

  7. #266
    If your willing to be the test case, I'll donate a few bucks to help pay for the defense attorney (assuming you can convince one to make the argument). I'll even offer a fair price for all your guns when... I mean if you are convicted.

  8. Quote Originally Posted by John Canuck View Post
    If your willing to be the test case, I'll donate a few bucks to help pay for the defense attorney (assuming you can convince one to make the argument). I'll even offer a fair price for all your guns when... I mean if you are convicted.
    I'm not saying I plan on being the test case, I'm just saying that I don't see how you can be charged with carrying a gun into a restaurant that serves alcohol when they don't serve alcohol...

    What if the owner decided on a particular Sunday that when Monday rolls around they aren't going to serve alcohol anymore. At what point does it become legal to carry into that restaurant? The law doesn't mention any type of grace period. Do they have to stop severing 7 days, 30 days...1 day?

    And to go-hobo, I understand what you mean about wasting time on minute issues, but restaurant carry isn't getting changed this afternoon, this weekend, or this year even. So I'm just trying to stretch the rights I do have as far as I can.

  9. #268
    Join Date
    Jan 2009
    Location
    Manchester State Forest, SC
    Posts
    373
    Quote Originally Posted by AndeyHall View Post
    I'm not saying I plan on being the test case, I'm just saying that I don't see how you can be charged with carrying a gun into a restaurant that serves alcohol when they don't serve alcohol...

    What if the owner decided on a particular Sunday that when Monday rolls around they aren't going to serve alcohol anymore. At what point does it become legal to carry into that restaurant? The law doesn't mention any type of grace period. Do they have to stop severing 7 days, 30 days...1 day?

    And to go-hobo, I understand what you mean about wasting time on minute issues, but restaurant carry isn't getting changed this afternoon, this weekend, or this year even. So I'm just trying to stretch the rights I do have as far as I can.
    Really? In that case, you're in entirely the wrong place having entirely the wrong conversation. You seem confused about the difference between a right and a privilege, as is most of the population. As long as you are carrying pursuant to a CWP, you are exercising a privilege. After all, exercising a right doesn't require you to submit to government mandated training and taxation, carry a government mandated permission slip and then be restricted by government set limits on when and where you may exercise it.
    "I believe we should achieve a national standard on gun control, and that standard should be none whatsoever."

  10. #269
    If a gas station is out of gas because the tanker is delayed it is still a gas station and has to follow the regulations for the maintenance of the underground tanks. If a place that serves alcoholic beverages cannot sell them on Sunday they do not have to remove all the bottles from the building until Monday. They still have to follow all regulations about storage etc. until Monday. If the pharmacy department of Walgreens closes at 6 pm on Saturday but the store remains open until 10 then it is still a drug store. I will also throw in a few dollars for your defense and place a bid on your guns just like John Canuck.

  11. Quote Originally Posted by hp-hobo View Post
    Really? In that case, you're in entirely the wrong place having entirely the wrong conversation. You seem confused about the difference between a right and a privilege, as is most of the population. As long as you are carrying pursuant to a CWP, you are exercising a privilege. After all, exercising a right doesn't require you to submit to government mandated training and taxation, carry a government mandated permission slip and then be restricted by government set limits on when and where you may exercise it.
    Come on now we've already had this conversation. You know good and well my opinion on the rights of the people to carry. But illegal is still illegal and until we can convince the people who hold the power of our position, we are subject to their rules. That is unless you want to head up the revolution...

Page 27 of 60 FirstFirst ... 17252627282937 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Quantcast