Witherworth
New member
I've looked for an answer to this question for a while, but my google skills seem to be failing me. Anyway, I have an edge case question concerning carrying (open or concealed) at a restaurant that serves alcohol. First, let's review the law.
§ 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).)
The issue I have is the following: "carrying weapons INTO assemblies and establishments..."
I recently went out to dinner with my family (not carrying), and noticed that it had outdoor seating available. My concern is wether or not it is legal to carry there, OUTSIDE the restaurant, but still on the premises. From reviewing other laws, the word "premises" appears occasionally. The lack of premises here suggests that you can carry in the parking lot, just not INTO the establishment. Could one argue that the outdoor seating is just on the premise but not inside the restaurant?
There are 2 scenarios here I think. The first is that the outdoor seating area is a covered area directly attached to the restaurant. I think it could be seen as a "porch", whether screened in or not, and could probably be considered inside. The second scenario is if the tables & chairs are not under any coverings and are not attached to the restaurant in any way. Some restaurants have some patio looking setup, but I've seen some that just have an outdoor area with seating available.
What do you guys think about these situations?
§ 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).)
The issue I have is the following: "carrying weapons INTO assemblies and establishments..."
I recently went out to dinner with my family (not carrying), and noticed that it had outdoor seating available. My concern is wether or not it is legal to carry there, OUTSIDE the restaurant, but still on the premises. From reviewing other laws, the word "premises" appears occasionally. The lack of premises here suggests that you can carry in the parking lot, just not INTO the establishment. Could one argue that the outdoor seating is just on the premise but not inside the restaurant?
There are 2 scenarios here I think. The first is that the outdoor seating area is a covered area directly attached to the restaurant. I think it could be seen as a "porch", whether screened in or not, and could probably be considered inside. The second scenario is if the tables & chairs are not under any coverings and are not attached to the restaurant in any way. Some restaurants have some patio looking setup, but I've seen some that just have an outdoor area with seating available.
What do you guys think about these situations?