| Author | Post |
|---|
crtbc
Member
| Joined: | Tue Aug 14th, 2007 |
| Location: | |
| Posts: | 44 |
| Status: |
Offline
|
|
Posted: Tue Sep 4th, 2007 08:50 pm |
|
Considering that Az doesn't allow you to carry into a bar and since every frigen restaurant now has a bar in it or serves beer/liquor is there any side legal issues reguarding this mattor??
Can I carry into a restaurant that serves beer/liquor (read not necessarily a "BAR"and if so am I allowed to drink (read not get drunk) while carrying???
Thanks
|
radwood
Member
|
Posted: Tue Sep 4th, 2007 10:47 pm |
|
You can't carry anywhere that sells alcohol for consumption on the premises, so no.
|
lostone1413
Member
| Joined: | Mon Aug 21st, 2006 |
| Location: | |
| Posts: | 82 |
| Status: |
Offline
|
|
Posted: Wed Sep 5th, 2007 11:15 pm |
|
Don't tell anyone but that is when you conceal carry. If you conceal the way you should no one can tell you have a gun unless they pat you down.
|
MITCH
Member
| Joined: | Fri Aug 18th, 2006 |
| Location: | Arizona USA |
| Posts: | 36 |
| Status: |
Offline
|
|
Posted: Wed Sep 5th, 2007 11:57 pm |
|
You are not legal even when you go to Pizza Hut to pick-up a take-out order since they serve beer.
|
crtbc
Member
| Joined: | Tue Aug 14th, 2007 |
| Location: | |
| Posts: | 44 |
| Status: |
Offline
|
|
Posted: Thu Sep 6th, 2007 03:34 pm |
|
No offense lostone but I want LEGAL information, I am well aware of how to get around things ILLEGALLY but need to know Pertinent info right now
Thanks
|
mzbk2l
Member
| Joined: | Tue Mar 13th, 2007 |
| Location: | Mesa, Arizona USA |
| Posts: | 273 |
| Status: |
Offline
|
|
Posted: Thu Sep 6th, 2007 03:46 pm |
|
You posted two questions.
Can I carry into a restaurant that serves alcohol?
That one has been answered. No, you cannot. (Yet - let's get rid of governor nappy and see what happens.)
Can I drink while carrying?
I don't know the answer. Anyone?
|
CA_Libertarian
State Researcher
|
Posted: Sun Sep 9th, 2007 06:30 pm |
|
While in Arizona visiting last weekend, I went to Famous Sam's. I was at the bar for a good 3 hours and had dinner and a couple beers. This was my first stop after driving in from CA. I was still OC'ing.
I was not aware I was breaking any law, and nobody called the cops or said a word about it to me, even the family members (locals) I was there with.
|
Notso
Activist Member
| Joined: | Sun May 13th, 2007 |
| Location: | Laveen, Arizona USA |
| Posts: | 98 |
| Status: |
Offline
|
|
Posted: Mon Sep 10th, 2007 04:15 am |
|
I think for the most part, open carry here is not unusual and most everyone is used to it and many people may not realize it's illegal in that situation. However, if I were you, I'd count myself very lucky. CC'ing in that situation is one thing, but OC'ing.... I'm glad you weren't caught.
|
dreamcro
Activist Member
|
Posted: Mon Sep 10th, 2007 04:47 pm |
|
I was talking to a Maricopa Co Sheriff on Labor day. From what he told me, you can oc in a bar and drink while there. I told him that's not what I read in the laws. He said if seen anyone doing that it would not matter to him. He was really laid back, untill a fight broke out and he had to fog the crowd with OC spray. Then he came back and said this is why he loved his job.
I just CC my sidearm while in a establishment that serves alcohol. It's just safer.
|
unrequited
Member
|
Posted: Mon Sep 10th, 2007 05:50 pm |
|
dreamcro wrote:
He was really laid back, untill a fight broke out and he had to fog the crowd with OC spray. Then he came back and said this is why he loved his job.
0_o
|
lostone1413
Member
| Joined: | Mon Aug 21st, 2006 |
| Location: | |
| Posts: | 82 |
| Status: |
Offline
|
|
Posted: Mon Sep 10th, 2007 09:20 pm |
|
Youunrequited wrote: dreamcro wrote:
He was really laid back, untill a fight broke out and he had to fog the crowd with OC spray. Then he came back and said this is why he loved his job.
0_o You are right Just conceal carry. Anyone who has taken the concealed carry class can tell you it is illegal to carry anyplace that serves liquor
|
FogRider
Member
|
Posted: Mon Sep 10th, 2007 10:47 pm |
|
lostone1413 wrote: Youunrequited wrote: dreamcro wrote:
He was really laid back, untill a fight broke out and he had to fog the crowd with OC spray. Then he came back and said this is why he loved his job.
0_o You are right Just conceal carry. Anyone who has taken the concealed carry class can tell you it is illegal to carry anyplace that serves liquor
I never heard anything about it in my CC class, and all my research and question asking has lead me to the conclusion that I can OC in a bar. I sometimes have a hard time getting through reading the laws, but the only thing that is regulated would be .BAC, as it would fall under the drug/alcohol sections. However, I live in Colorado so YMMV. Having said all that, I dont think OC in bar is a good idea, I would never do it, and drinking with firearms is always a bad idea. I would definatly CC if I was driving though.
|
CA_Libertarian
State Researcher
|
Posted: Mon Sep 10th, 2007 11:24 pm |
|
FogRider wrote: ...drinking with firearms is always a bad idea.
I'm curious, why is drinking with a firearm a bad idea? Does the alcohol vapor corrode the ammunition? 
Sarcasm aside, I'll guess that you are repeating the 'guns and alcohol don't mix' mantra that most of us hear from time to time. I honestly think this is just another gun-grabbing tactic to try to deter carrying a firearm - you know how us 'redneck gun nuts' love our beer!
My opinion is that guns are less dangerous than cars. If I'm sober enough to drive home, then I'm sober enough to not accidently draw my gun and shoot someone.
Now, if you have a drinking problem, or plan to get drunk for some special occasion, then you probably shouldn't drive and or carry your gun (...or your knife ...and maybe wear a helmet).
|
CA_Libertarian
State Researcher
|
Posted: Mon Sep 10th, 2007 11:26 pm |
|
Since there seems to be some dissenting opinion, can someone please cite the statute that makes it illegal to possess a firearm while in a place that serves alcohol?
Thanks in advance.
|
FogRider
Member
|
Posted: Tue Sep 11th, 2007 02:42 am |
|
CA_Libertarian wrote: FogRider wrote: ...drinking with firearms is always a bad idea.
I'm curious, why is drinking with a firearm a bad idea? Does the alcohol vapor corrode the ammunition?
Sarcasm aside, I'll guess that you are repeating the 'guns and alcohol don't mix' mantra that most of us hear from time to time. I honestly think this is just another gun-grabbing tactic to try to deter carrying a firearm - you know how us 'redneck gun nuts' love our beer!
My opinion is that guns are less dangerous than cars. If I'm sober enough to drive home, then I'm sober enough to not accidently draw my gun and shoot someone.
Now, if you have a drinking problem, or plan to get drunk for some special occasion, then you probably shouldn't drive and or carry your gun (...or your knife ...and maybe wear a helmet).
Ok, ya got me there. Drinking, no problem. Getting drunk, problem. However, what with me being a lightweight, drinking usualy means getting drunk. 
|
Notso
Activist Member
| Joined: | Sun May 13th, 2007 |
| Location: | Laveen, Arizona USA |
| Posts: | 98 |
| Status: |
Offline
|
|
Posted: Tue Sep 11th, 2007 04:00 am |
|
It's in the alcohol code
4-244. Unlawful acts
30. For a licensee or employee to knowingly permit a person in possession of a firearm other than a peace officer, the licensee or an employee of the licensee acting with the permission of the licensee to remain on the licensed premises or to serve, sell or furnish spirituous liquor to a person in possession of a firearm while on the licensed premises of an on-sale retailer. This paragraph shall not apply to hotel or motel guest room accommodations nor to the exhibition or display of a firearm in conjunction with a meeting, show, class or similar event. It shall be a defense to action under this paragraph if the licensee or employee requested assistance of a peace officer to remove such person.
|
Notso
Activist Member
| Joined: | Sun May 13th, 2007 |
| Location: | Laveen, Arizona USA |
| Posts: | 98 |
| Status: |
Offline
|
|
Posted: Tue Sep 11th, 2007 04:05 am |
|
Here is the Governor's veto letter from a couple of years ago when the legislature attempted to pass a law allowing carry into businesses that serve alcohol.
http://www.azleg.gov/govlettr/47leg/1R/SB1363.pdf
|
swift
Member
| Joined: | Thu Jul 12th, 2007 |
| Location: | Peoria, Arizona USA |
| Posts: | 123 |
| Status: |
Offline
|
|
Posted: Tue Sep 11th, 2007 06:39 pm |
|
As she states toward the end of all of her veto letters (she has veto'd many great gun bills that passed the house & senate with an overwhelming majority)
"For this and other reasons" Let's VOTE HER OUT OF OFFICE!
|
swift
Member
| Joined: | Thu Jul 12th, 2007 |
| Location: | Peoria, Arizona USA |
| Posts: | 123 |
| Status: |
Offline
|
|
Posted: Tue Sep 11th, 2007 07:25 pm |
|
I was told by a local Lawyer that there has not yet been a single case in Arizona of someone being booked for having a weapon in a restaurant that also happens to have a bar. Basically he said that if you're in a portion of the restaurant where children are allowed & you are not drinking alcohol than you are not in a Bar so you would not be affected by any of the states Alchohol establishment restrictions such as being under age or having a weapon. He said the info on the AZ DPS website stating that you can't is incorrect & does not match the law. He even went so far as to say that if anyone ever got charged for that he would defend them for free.
Of course it would probably not be any fun to go through such an experience of being the first "test" case, and any "free legal" support might not be worth much more than the price you paid for it (in this case nothing), so of course take this information with a bucket of salt as your liberty & freedoms would be at stake should the first test case fail at trial (not to mention the time in jail while waiting to see if you can get out on bail). Especially since the courts here have not been known to be very pro second amendment (there are even cases where people open carying correctly have been booked for "concealed carry" just because the weapon was on the opposite side of the body from where the officer approached & as a result the officer called it "concealed from his view").
Last edited on Tue Sep 11th, 2007 07:33 pm by swift
|
Notso
Activist Member
| Joined: | Sun May 13th, 2007 |
| Location: | Laveen, Arizona USA |
| Posts: | 98 |
| Status: |
Offline
|
|
Posted: Wed Sep 12th, 2007 12:10 am |
|
As much as I don't like the 'restaurant carry' law, it seems pretty clear to me. If you carry at a Chili's, Applebee's, Garcia's or any restaurant like those that serve alcohol for on-site consumption, you're in violation. If you do carry in those situations, go in with your eyes open knowing that if you get caught, you could be prosecuted for it. On the bright side, if you get caught and from what I remember reading, it's a misdemeanor and not a felony.
|
Current time is 06:00 am | Page: 1 2   |
|