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Thread: Okie in NC question

  1. #1
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    Okie in NC question

    I'm in NC for a week or so and just have a couple of questions. Am I correct that any restaurant that serves alcohol is off limits for CC? In Oklahoma you just can't go into the bar area. Also, I think I read about theaters are off limits. I'm going to the Arlo Guthrie concert in Durham Wednesday night at the Carolina Theater.

  2. #2
    Regular Member J-SiN's Avatar
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    you may not carry a firearm to any place whether openly or concealed that an admission fee is charged

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    Regular Member linerider69's Avatar
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    Here it is.  Assemblies and establishments where admission was charged. 14-269.3
     Assemblies and establishments where alcohol is both sold and consumed. 14-269.3On any private premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises. Be safe and carry where you can always.
    Last edited by linerider69; 02-03-2013 at 11:29 PM.

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    Regular Member carolina guy's Avatar
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    Quote Originally Posted by linerider69 View Post
    Here it is.  Assemblies and establishments where admission was charged. 14-269.3
     Assemblies and establishments where alcohol is both sold and consumed. 14-269.3On any private premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises. Be safe and carry where you can always.
    Almost...but not entirely correct:

    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).)
    Entry to an establishment where a fee has been charged is NOT included in the list above...only an "assembly", the establishment is ONLY where alcohol is sold AND consumed.

    As a side note, I have not found anywhere in NCGS where "assembly" is defined...which makes me believe (IANAL) that it can only be construed to be something where EVERYONE is there for a single common purpose... ie. a concert, business conference speech, etc.
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

  5. #5
    Regular Member GrizzlySG's Avatar
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    Okie in NC question

    I thought it was if a primary alcohol establishment? Local wing place allows of aslong as your not drinking


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    Keep calm and carry a firearm.

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    Thanks for the replies. If you ever make it to Oklahoma I'll try to return the favor.

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    Regular Member dmatting's Avatar
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    Quote Originally Posted by GrizzlySG View Post
    I thought it was if a primary alcohol establishment? Local wing place allows of aslong as your not drinking


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    If the local wing place serves alcohol it doesn't matter matter what they allow. It is against state law to carry there if they sell any alcoholic drinks.

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    Regular Member GrizzlySG's Avatar
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    Okie in NC question

    Quote Originally Posted by dmatting View Post
    If the local wing place serves alcohol it doesn't matter matter what they allow. It is against state law to carry there if they sell any alcoholic drinks.
    Well now I know. I've never carried in there as I just recently turned 21 but I've saw several people carry in there.


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    Regular Member carolina guy's Avatar
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    Well...keep your fingers crossed for HB17 to pass and likewise in the Senate!

    GENERAL ASSEMBLY OF NORTH CAROLINA
    SESSION 2013
    H 1
    HOUSE BILL 17


    Short Title: Gun Permits/Restaurants & Confidentiality. (Public)
    Sponsors: Representatives Burr, Hager, Hollo, and J. Bell (Primary Sponsors).
    For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
    Referred to: Rules, Calendar, and Operations of the House.
    January 31, 2013
    A BILL TO BE ENTITLED
    AN ACT TO ALLOW PERSONS WITH CONCEALED HANDGUN PERMITS TO POSSESS HANDGUNS IN RESTAURANTS AND EATING ESTABLISHMENTS IF NOT PROHIBITED BY THE POSTING OF A NOTICE PROHIBITING POSSESSION ON THE PREMISES AND TO PROVIDE FOR THE CONFIDENTIALITY OF INFORMATION REGARDING CONCEALED HANDGUN PERMITS AND PISTOL PURCHASE PERMITS.
    The General Assembly of North Carolina enacts:
    SECTION 1. G.S. 14‑269.3(b) is amended by adding a new subdivision to read:
    "(5) A person on the premises of an eating establishment as defined in G.S. 18B‑1000(2) or a restaurant as defined in G.S. 18B‑1000(6), provided the person has a valid concealed handgun permit under Article 54B of Chapter 14 of the General Statutes. This subdivision shall not be construed to permit a person to carry a concealed handgun on the premises of an eating establishment or a restaurant where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with G.S. 14‑415.11(c)."
    SECTION 2. G.S. 14‑415.17 reads as rewritten:
    " 14‑415.17. Permit; sheriff to retain and make available to law enforcement agencies a list of permittees.permittees; confidentiality of list and permit application information; availability to law enforcement agencies.
    (a) The permit shall be in a certificate form, as prescribed by the Administrative Office of the Courts, that is approximately the size of a North Carolina drivers license. It shall bear the signature, name, address, date of birth, and the drivers license identification number used in applying for the permit.
    (b) The sheriff shall maintain a listing, including the identifying information, of those persons who are issued a permit. The permit information shall be available upon request to all State and local law enforcement agencies. Within five days of the date a permit is issued, the sheriff shall send a copy of the permit to the State Bureau of Investigation. The State Bureau of Investigation shall make this information available to law enforcement officers and clerks of court on a statewide system.
    (c) Except as provided otherwise by this subsection, the list of permit holders and the information collected by the sheriff to process an application for a permit are confidential and are not a public record under G.S. 132‑1. The sheriff shall make the list of permit holders and the permit information available upon request to all State and local law enforcement agencies. The State Bureau of Investigation shall make the list of permit holders and the information collected by the sheriff to process an application for a permit available to law enforcement officers on a statewide system."
    SECTION 3. G.S. 14‑405 reads as rewritten:
    " 14‑405. Record of permits kept by sheriff. sheriff; confidentiality of permit information.
    (a) The sheriff shall keep a book, to be provided by the board of commissioners of each county, in which he shall keep a record of all licenses or permits issued under this article, including the name, date, place of residence, age, former place of residence, etc., of each such person, firm, or corporation to whom or which a license or permit is issued.
    (b) The records maintained by the sheriff pursuant to this section are confidential and are not a public record under G.S. 132‑1; provided, however, that the sheriff shall make the records available upon request to all State and local law enforcement agencies."
    SECTION 4. G.S. 14‑406 reads as rewritten:
    " 14‑406. Dealer to keep record of sales. sales; confidentiality of records.
    (a) Every dealer in pistols and other weapons mentioned in this Article shall keep an accurate record of all sales thereof, including the name, place of residence, date of sale, etc., of each person, firm, or corporation to whom or which such sales are made, which record shall be open to the inspection of any duly constituted State, county or police officer, within this State.made. The records maintained by a dealer pursuant to this section are confidential and are not a public record under G.S. 132‑1; provided, however, that the dealer shall make the records available upon request to all State and local law enforcement agencies.
    (b) Repealed by Session Laws 2011‑56, s. 3, effective April 28, 2011."
    SECTION 5. This act becomes effective December 1, 2013.
    If it passes, I would take it that unless a theater posted, you could carry there as well since they also serve food for consumption on premises, per G.S. 18B‑1000(2)

    18B‑1000. Definitions concerning establishments.The following requirements and definitions shall apply to this Chapter:
    <snip>
    (2) Eating establishment. An establishment engaged in the business of regularly and customarily selling food, primarily to be eaten on the premises. Eating establishments shall include businesses that are referred to as restaurants, cafeterias, or cafes, but that do not qualify under subdivision (6). Eating establishments shall also include lunchstands, grills, snack bars, fast‑food businesses, and other establishments, such as drugstores, which have a lunch counter or other section where food is sold to be eaten on the premises.
    If something is wrong for ONE person to do to another, it is still wrong if a BILLION people do it.

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