Clarification on CCW where alcoholic beverages are ssold and conssumed.

R

rlusczek

New member
My wife and I are travelling to NC this weekend, I was stationed there years ago, and decided to research the carry conceal laws. In reference to "North Carolina General Statutes § 14-269.3 Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed", what is the exact meaning of this statute? If I carry always, I usually do not drink, but understand that if with friends and we go to a bar, then I cannot carry there. What about going out to dinner to a restaurant that sells alcoholic beverages? If I am not a drinker, am I forbidden to carry concealed in such an establishment? Just looking for some clarification on this statute.
 
I think a lot of those laws are pretty ridiculous. Here in WA you can't carry in any part of a restaurant restricted to minors (bars) but it's not illegal to drink while carrying. When I go up the mountain to shoot on DNR land I usually bring some beer with me. I know my limit, I know at what point it becomes unsafe, and a 6-pack between 2 people over 3-4 hours, ain't it. Yet regardless, every time I go up I have some whiny DNR "cop" (they have lights, sirens, badges, but no guns, idk what they are to be honest) come and lecture me about how guns and alcohol don't mix. I usually just smile snidely, say OK, take a sip of beer, turn around and keep shooting.

Anybody over the age of 12 knows that handling loaded firearm while intoxicated is a bad idea. But that doesn't mean I need some pseudo nanny cop telling me I can't enjoy a beer or two while shooting. Especially since it's completely legal.
 
Thinking that this is one of the few issues that Iowa got right. It's legal to carry and consume, even in bars restaurants. However, the "have you consumed too much" is handled like driving under the influence. If you are carrying and authorities suspect you are under the influence, it is handled like suspicion of D.U.I. You are given the tests and if you blow a .08 or higher, say goodbye to your permit. Just like your driver's license.
 
Come to AZ. Here, if you have a CCW permit you can carry n a restaurant or bar that serves alcohol, as long as it remains concealed and you consume no alcohol, or unless the establishment is posted. (Since it's private property, the owner has the right to prohibit anything he doesn't like on his property.)
 
NC law

rlusczek said:
In reference to "North Carolina General Statutes § 14-269.3 Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed", what is the exact meaning of this statute?

Just looking for some clarification on this statute.
Click to expand...
North Carolina law allows concealed carry in businesses that "sale", but do not "serve" alcoholic beverages.. Examples include a grocery store or gas statio. They sale but do not "serve" alcoholic (for on-premise consumption).

It is currently unlawful to carry concealed at businesses that both "sale and serve" alcoholic beverages. Examples include Pizza Hut, Outback, Logan's, Olive Garden and other such restaurants that both sale and serve alcohol.

North Carolina law prohibits concealed carry at anytime after consuming any amount of alcohol, even a thimbleful. If you drink any amount or if you enter any establishment that serves alcohol, you may not carry concealed.

Stick to Golden Corral, Subway and Burger King if you want to carry concealed... AND STAY OFF EDUCATIONAL PROPERTY OF ANY KIND!!!!

I have taught both civilian and law enforcement firearms for over 35 years.
 
While it is currently the law that you cannot carry into an establishment that sells (to consume) alcohol in NC, there is moving through the Legislature a bill (HB 937) to change that along with several other changes to 'ease' restrictions for those with Conceal Carry permits. Instead of listing all of the changes, here is a link to the actual bill and there is a summary of proposed changes on the first page.
http://www.ncleg.net/Sessions/2013/Bills/House/PDF/H937v1.pdf
 
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.
 
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!"
 
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.
 
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.
 
r1derbike said:
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.
Click to expand...
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
 
Pitt County Pride said:
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.
Click to expand...

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.
 
gejoslin said:
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
Click to expand...
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...
 
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.
 
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.

Read more: http://www.usacarry.com/forums/conc...everages-ssold-conssumed-2.html#ixzz2VzyozPLz
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NC Tied For 15th Most Gun-Friendly State

cometface said:
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.
Click to expand...
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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