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Old 01-02-2007, 19:42   #1
Pinki
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Concealed carry regarding restaurants?

I'm a little confused on concealed carry for restaurants. I know that you can't carry into a bar (serving alcohol), but I guess a restaurant to me is less cut and dry (although they serve alcohol but some restaurants don't). What is the rules for them? I can almost swear that my concealed instructor said you can just pull the gun up from the holster so it shows just a bit -- but then one would be open carrying so I must have heard him wrong?

Thanks for any insights into this!
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Old 01-02-2007, 22:28   #2
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Thoughts

Here in Georgia, we aren't "suppose" to carry where they serve alcohol.

As long as there's no metal detector, or L/E at the door, I carry every time, via my fanny-pack.

I don't get drunk and do stoooopid things, so why should I leave my gun in the trunk? Carried smartly, no one is the wiser.
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Old 01-03-2007, 05:47   #3
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If they serve alcohol you can't carry there. Stupid law IMO.
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Old 01-03-2007, 10:39   #4
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Is it ANY alcohol, or do they have to generate the majority of their revenue off of alcohol (i.e., a bar)? It's been forever since I took the class. I was under the impression that Applebee's and their ilk were fair game.
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Old 01-03-2007, 18:58   #5
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If they charge for alcohol, then you cannot carry there. I do not like it, but that is the rules.
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Old 01-03-2007, 19:24   #6
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I'm a huge fan of fast food and IHOP anyways
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Old 01-03-2007, 20:56   #7
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To clarify, IIRC, if they sell **ANY** alcohol for consumption on the premesis you cannot carry there. And it's the same over in Tennessee. Well, I like Arby's and Jersey Mike's!

One of the (MINOR) reasons I'm fighting to keep my county "dry!"

Hopefully we can eventually get it changed to at least the "51%" rule like in Texas.
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Old 01-04-2007, 04:54   #8
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Ok, but what about the part about pulling it slightly out of the holster. Did I hear correctly or am I confused or is that just a good way to get arrested?
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Old 01-04-2007, 06:32   #9
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Yeah - good way to get arrested or have a ND, especially with a chambered Glock...

I wouldn't "pull it out of the holster," but open carry with the gun fully holstered but not covered **may** be an option. I highly doubt it though, check packing.org or handgunlaw.us to see.

IIRC, you CAN open carry in NC, so long as some blissninny does not see it and call the cops on you for "going armed to the terror of the public. BUT, I'd err on the side of caution and assume the same places are off limits as when CCWing until I learn otherwise.
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Old 01-06-2007, 16:30   #10
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Quote:
Originally posted by Pgrl
Ok, but what about the part about pulling it slightly out of the holster. Did I hear correctly or am I confused or is that just a good way to get arrested?

There are two sets of rules you need to follow. Places you can't carry at all, and places you can't carry concealed. These places fall under both. It sounds like your instructor shouldn't be an instructor.
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Old 01-06-2007, 16:33   #11
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Re: Thoughts

Quote:
Originally posted by ULVER
Here in Georgia, we aren't "suppose" to carry where they serve alcohol.

As long as there's no metal detector, or L/E at the door, I carry every time, via my fanny-pack.

I don't get drunk and do stoooopid things, so why should I leave my gun in the trunk? Carried smartly, no one is the wiser.
Yeah, but unless I am visiting the parents in Chicago. Whenever I see someone with a fanny pack, I can pretty much tell they are carrying. I am sure an LEO thinks the same. This is especially true when the fanny pack is all saggy and droopy. Obviously weighted down by a heavy firearm and probably an extra mag.
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Old 01-07-2007, 06:41   #12
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Quote:
It sounds like your instructor shouldn't be an instructor.
I think that's a little harsh. My instructor was very good; I probably heard him wrong. Being that we do not have an "introduction to firearms" class around here, I used the concealed class as my introduction. So, it was a lot of information to learn when I didn't know the first thing about guns. Everyone else in the class was familiar with guns.
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Old 01-07-2007, 08:24   #13
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Quote:
Originally posted by Pgrl
I think that's a little harsh. My instructor was very good; I probably heard him wrong. Being that we do not have an "introduction to firearms" class around here, I used the concealed class as my introduction. So, it was a lot of information to learn when I didn't know the first thing about guns. Everyone else in the class was familiar with guns.
OK, have it your way. But remember, if you get arrested for using or carrying your gun and the circumstances turned out to be against the law, "my instructor didn't tell me" or "I must have heard my instructor wrong" are not going to get you off the hook.

http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf
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Old 01-07-2007, 08:59   #14
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Good grief. Obviously I posted the question because I was unsure; therefore, I did not carry into any restaurants.
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Old 01-09-2007, 11:29   #15
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Quote:
Originally posted by Glocks&Ducs
http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf
Thanks for posting this. Very useful document. But what's up with the following section (III.D.):

3. STATE BUILDINGS

It is also unlawful under state law, for any person to possess or carry a weapon, not used for instructional or officially sanctioned ceremonial purposes, in the State Capitol Building, Executive Mansion, Western Residence of the Governor, or on the grounds of these buildings, including any building used to house any Court of the General Court of Justice. Persons exempted by the provisions of G.S. 14-269(b) are not bound by this prohibition. These persons are set forth in paragraph III. A. of this publication. Also exempt are persons in possession of weapons for evidentiary purposes, or who are delivering the weapon to a law enforcement agency. This prohibition does not apply to state owned rest areas, rest stops along the highways, and state owned hunting and fishing reservations. Possessing or carrying a weapon in these areas is a misdemeanor. A concealed handgun permit does not allow a permittee to carry a weapon in these areas.

The last part of this statement is totally confusing. The first sentence in bold says that the prohibition against carrying a weapon in state buildings does not apply to rest areas, etc. However, the subsequent sentences state that it is in fact illegal to possess a weapon at highway rest stops, etc. (whether or not the individual is in possession of a valid CHP permit), but that the crime is a misdemeanor (maybe not a felony as it would be if an individual walked into the state capital armed?).

But that would mean it is a misdemeanor to carry a weapon into a state owned hunting reservation, and how the heck are you supposed to hunt without a weapon!?!

Can anyone provide some clarification on this? I'd like to know whether or not I can legally carry with a valid CHP at rest stops or whether I'll be making pit stops at other establishments from now on.

**edited (forgot to add bold font to text)
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Old 01-09-2007, 15:50   #16
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Quote:
Originally posted by glockinNC
Thanks for posting this. Very useful document. But what's up with the following section (III.D.):

3. STATE BUILDINGS

It is also unlawful under state law, for any person to possess or carry a weapon, not used for instructional or officially sanctioned ceremonial purposes, in the State Capitol Building, Executive Mansion, Western Residence of the Governor, or on the grounds of these buildings, including any building used to house any Court of the General Court of Justice. Persons exempted by the provisions of G.S. 14-269(b) are not bound by this prohibition. These persons are set forth in paragraph III. A. of this publication. Also exempt are persons in possession of weapons for evidentiary purposes, or who are delivering the weapon to a law enforcement agency. This prohibition does not apply to state owned rest areas, rest stops along the highways, and state owned hunting and fishing reservations. Possessing or carrying a weapon in these areas is a misdemeanor. A concealed handgun permit does not allow a permittee to carry a weapon in these areas.

The last part of this statement is totally confusing. The first sentence in bold says that the prohibition against carrying a weapon in state buildings does not apply to rest areas, etc. However, the subsequent sentences state that it is in fact illegal to possess a weapon at highway rest stops, etc. (whether or not the individual is in possession of a valid CHP permit), but that the crime is a misdemeanor (maybe not a felony as it would be if an individual walked into the state capital armed?).

But that would mean it is a misdemeanor to carry a weapon into a state owned hunting reservation, and how the heck are you supposed to hunt without a weapon!?!

Can anyone provide some clarification on this? I'd like to know whether or not I can legally carry with a valid CHP at rest stops or whether I'll be making pit stops at other establishments from now on.

**edited (forgot to add bold font to text)
To me, it looks like it is simply clarifying that carrying or possessing in those areas cited in the entire paragraph is a misdemeanor and also that the CCW does not permit you to carry in those areas, but that the prohibition "does not apply to state owned rest areas, rest stops along the highways, and state owned hunting and fishing reservations. "

In other words, some people may think that they can carry or possess a gun in places that one normally can't, just because they have a CCW. But that is not the case. They are basically just double stating that. There are other places that they do that in that document and it is confusing.
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Old 01-09-2007, 17:55   #17
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This seems like the perfect place to mention that everyone here should consider writing their state lawmakers to try and get some of the stupid restricions in our CCW law erased.

Some changes off the top of my head I'd like:

*a specific format for "no-guns" signs to "count," as laid out in several state CCW laws. IE, 8x11 size, PLAINLY posted at ALL entrances, must contain specific wording.

*Again, changing the law to where a business must make 51% of it's income from alcohol sales to make it illegal to CCW there. (if not just repeal that part altogether!)

*Places that you have to pay admission to get into? Funerals? Areas of emergencies? I'm not going to GO to a riot if one breaks out, but what if I get caught up in one while CCWing and have to use it for self-defense? I either get carried by six or judged by twelve!

I'd like to think the hard part was getting the RTC laws, now hopefully since the streets aren't "running red with blood" as the Brady Bunch predicted, we can convince Raleigh to ease up on the restrictions they hit us with!
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Old 01-11-2007, 13:08   #18
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Quote:
Originally posted by Glocks&Ducs
In other words, some people may think that they can carry or possess a gun in places that one normally can't, just because they have a CCW. But that is not the case. They are basically just double stating that. There are other places that they do that in that document and it is confusing.
It's really too bad that the document is confusing in several places. Obviously, the intention was to provide clarification of the gun laws, not cause more confusion. It's certainly a subject where it is of the utmost importantance to be utterly, plainly clear. I mean, we're not talking about jaywalking here...
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Old 01-11-2007, 13:11   #19
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This prohibition does not apply to state owned rest areas, rest stops along the highways, and state owned hunting and fishing reservations.
For God's sake, if they wanted to eliminate the confusion, just move the sentence above to the end of the paragraph in question and call it a day. Problem solved...
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Old 01-13-2007, 08:53   #20
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I think it should be perfectly legal to carry in any restaurant, bar, nightclub, etc, so long as you don't drink. Alcohol and guns don't mix, so have a gun or have a few beers, but don't have both.


Makes sense to me.
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Old 01-15-2007, 11:05   #21
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Concealed carry in places that serve alcohol for on-site consumption is prohibited.

I don't believe there's law, one way or the other, on open carry in those same places.

And NC is an open carry state, as long as you're not ""going armed to the terror of the public" (which basically means anything the po-po and DA wants it to mean).
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Old 01-15-2007, 15:15   #22
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Quote:
Originally posted by Fredman
Concealed carry in places that serve alcohol for on-site consumption is prohibited.

I don't believe there's law, one way or the other, on open carry in those same places.

And NC is an open carry state, as long as you're not ""going armed to the terror of the public" (which basically means anything the po-po and DA wants it to mean).
This is a law that falls under "offenses against the public peace", it is not specific to concealed carry. It is illegal, as was already stated.

http://www.ncga.state.nc.us/gascript...l?Chapter=0014
-------------------------
14‑269.3. Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed.

(a) It shall be unlawful for any person to carry any gun, rifle, or pistol into any assembly where a fee has been charged for admission thereto, or into any establishment in which alcoholic beverages are sold and consumed. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

(b) This section shall not apply to the following:

(1) A person exempted from the provisions of G.S. 14‑269;

(2) The owner or lessee of the premises or business establishment;

(3) A person participating in the event, if he is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization sponsoring the event; and

(4) A person registered or hired as a security guard by the owner, lessee, or person or organization sponsoring the event. (1977, c. 1016, s. 1; 1981, c. 412, s. 4, c. 747, s. 66; 1993, c. 539, s. 165; 1994, Ex. Sess., c. 24, s. 14(c).)
------------------------

Quote:
Originally posted by Glocks&Ducs
There are two sets of rules you need to follow. Places you can't carry at all, and places you can't carry concealed. These places fall under both. It sounds like your instructor shouldn't be an instructor.
Amazing isn't it?
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Old 01-15-2007, 16:17   #23
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This is typical of alot of laws in NC they are confusing and can be interpreted in various ways.
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Old 01-16-2007, 01:19   #24
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There is an easy way to figure it out, if you think it is wrong then most likely it is. If people use that rule of thumb then there would be alot less problems.
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Old 01-18-2007, 10:29   #25
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In SC, if the location has a permit from the SCDOR for on-premise consumption of alcohol, you can't carry there. That's what I was told by the AG, SLED, and the Beaufort County Sheriff's Office.
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