Results 1 to 13 of 13

Thread: OC in a Bar-but Serves Food."Carry in Restaurants That Serve Alcohol."

  1. #1
    Regular Member Rollbar's Avatar
    Join Date
    Feb 2012
    Location
    Nevada
    Posts
    383

    OC in a Bar-but Serves Food."Carry in Restaurants That Serve Alcohol."

    Carry in Restaurants That Serve Alcohol
    YES

    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.
    I'm not wrapping my head around this or something. The other day my son wanted to go to get some chicken wings so the family stopped by Jacks Place in Fallon (bar/pool tables etc) (that also serves food). I was OCing but I don't drink nor does the family (kids are grown).

    I was looking at the information above from this link - http://www.handgunlaw.us/states/nevada.pdf - Page 8, and now I have the question of should I do it again if they call and want to meet for some chicken wings.

    I believe from reading the info that since they serve food I am ok. Is that right?

    What if I wanted a coke or something, could I sit at the bar if the table type atmosphere was not there?

    I probably wouldn't since to me it would look like I was downing some Jack and coke to some or at least the perception of .... You understand.

    Maybe I'm not putting 2+2 together and reading into it more.

    Just a thought since I was cruising the net.

    Thanks,
    Jim

  2. #2
    Regular Member john-in-reno's Avatar
    Join Date
    May 2010
    Location
    Reno, Nevada, USA
    Posts
    238
    Here is a great link! http://www.leg.state.nv.us/law1.cfm

    Now with that said here is NRS202.257

    NRS 202.257 Possession of firearm when under influence of alcohol, controlled substance or other intoxicating substance; administration of evidentiary test; penalty; forfeiture of firearm. 1. It is unlawful for a person who:
    (a) Has a concentration of alcohol of 0.10 or more in his or her blood or breath; or
    (b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him or her incapable of safely exercising actual physical control of a firearm,
    Ê to have in his or her actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within the person’s personal residence and had the firearm in his or her possession solely for self-defense.
    2. Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484C.160 to 484C.250, inclusive, except that submission to the evidentiary test is required of any person who is directed by a police officer to submit to the test. If a person to be tested fails to submit to a required test as directed by a police officer, the officer may direct that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.
    3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
    4. A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.
    5. As used in this section, the phrase “concentration of alcohol of 0.10 or more in his or her blood or breath” means 0.10 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.
    (Added to NRS by 1995, 2533; A 1999, 2470; 2003, 2565)
    Can you drink at the bar and have a gun, Yes. as far as I can tell as IANAL
    Is it a good idea to do so? I would say no, but that just my opinion
    Last edited by john-in-reno; 04-14-2012 at 03:01 AM.
    http://washoecountygunrights.blogspot.com/

    *** I am NOT a Lawyer, and I DO NOT have any LEGAL EXPERIENCE OR QUALIFICATIONS ***

    MOLON LABE

  3. #3
    Regular Member Rollbar's Avatar
    Join Date
    Feb 2012
    Location
    Nevada
    Posts
    383
    Thanks John, I'll have to read the link tomorrow. I agree it is not a good idea to sit at a bar (my example-no tables etc). I was wondering about the bar its self mainly.

    Again, thanks for the help,
    Jim

  4. #4
    Regular Member
    Join Date
    Dec 2011
    Location
    Fallon, NV
    Posts
    577
    The vote is Yes.

    The Yes and No reference, in the Note:, is only an explaination of what the vote means. The "Yes" means there is no restriction on restaurants or bars, regardless of whether they serve food or alcohol. The only alcohol related NRS deals with blood alcohol level as stated above (NRS 202.257).

    I'm not going to take sides on whether it's a good idea or not. That discussion has been beaten to death.
    Hoka hey

  5. #5
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    You can sit anywhere in the bar you like and drink anything you like. Mere possession (key word) of a firearm is not illegal until even after the point that it is illegal to operate a motor vehicle, as it should be.

    Some people tend to get religious over this, but beyond the simple law, the only thing to really worry about is the wish of the private property owner.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  6. #6
    Regular Member Rollbar's Avatar
    Join Date
    Feb 2012
    Location
    Nevada
    Posts
    383
    Quote Originally Posted by FallonJeeper View Post
    The vote is Yes.

    The Yes and No reference, in the Note:, is only an explaination of what the vote means. The "Yes" means there is no restriction on restaurants or bars, regardless of whether they serve food or alcohol. The only alcohol related NRS deals with blood alcohol level as stated above (NRS 202.257).

    I'm not going to take sides on whether it's a good idea or not. That discussion has been beaten to death.
    Quote Originally Posted by MAC702 View Post
    You can sit anywhere in the bar you like and drink anything you like. Mere possession (key word) of a firearm is not illegal until even after the point that it is illegal to operate a motor vehicle, as it should be.

    Some people tend to get religious over this, but beyond the simple law, the only thing to really worry about is the wish of the private property owner.
    Agreed, I was thinking of the blood alcohol but then started thinking of the bar it self and that is where I got lost. Thanks,

  7. #7
    Regular Member zekester's Avatar
    Join Date
    Mar 2010
    Location
    Uvalde, Texas
    Posts
    665
    I never condone drinking and carrying....but if i should..thanks Missiouri....legal to carrry a weapon while intoxicated.

    Use is another story...but by merely carrying....not a punishable offense.
    GOD gave me rights!!!....The Constitutuion just confirms it!!

  8. #8
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    Quote Originally Posted by zekester View Post
    ...thanks Missiouri....legal to carrry a weapon while intoxicated...
    I don't know about Missouri, but in Nevada, it is NOT legal to carry a firearm while intoxicated. Intoxication for this offense is legally defined as BAC of 0.10%.

    Drinking responsibly does not equal intoxication.
    Last edited by MAC702; 04-14-2012 at 01:39 PM.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  9. #9
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    Quote Originally Posted by Rollbar View Post
    ...I believe from reading the info that since they serve food I am ok. Is that right?...
    And just to clarify, they do not have to serve food to be legal for carrying firearms.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  10. #10
    Regular Member
    Join Date
    May 2010
    Location
    City? Who wants to live in a CITY?, Nevada, USA
    Posts
    1,196
    Robert Heinlein put it best:

    "Beware of strong drink. It makes you shoot at tax collectors.

    And miss."

  11. #11
    Regular Member Rollbar's Avatar
    Join Date
    Feb 2012
    Location
    Nevada
    Posts
    383
    Thanks all, I DON'T drink at all, just wondering. I guess that makes me one of the designated drivers for OC family.

    Thanks again,
    Jim

  12. #12
    Regular Member The Big Guy's Avatar
    Join Date
    Oct 2009
    Location
    Waco, TX
    Posts
    1,950
    Quote Originally Posted by DVC View Post
    Robert Heinlein put it best:

    "Beware of strong drink. It makes you shoot at tax collectors.

    And miss."
    Timely. I just spent an hour of my time and $436 of my money to get my taxes done today, (not including what I owe), and I'm wanting to shoot at something, or get drunk, havn't decided yet.

    TBG
    Life member GOA and NRA. Member of SAF, NAGR, TXGR and Cast Bullet Assoc.

  13. #13
    28kfps
    Guest
    I am thinking of starting a new business. D-COPS, Designated Carry Open Person Service.

    All ready have a theme advertisement.


    Find yourself over the limit while carrying? Who you gonna call? D-COPS!!
    Last edited by 28kfps; 04-17-2012 at 01:12 AM.

Posting Permissions

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