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Thread: OC in resturant serving alcohol

  1. #1
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    Question OC in resturant serving alcohol

    With permission is no problem right?
    (sorry if already covered)
    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).)

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by seaweaver1 View Post
    With permission is no problem right?
    (sorry if already covered)
    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).)
    Note the "participating in the event".
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    It is an Open Carry...event...???(sorry...left that out)

    cw
    Last edited by seaweaver1; 03-07-2013 at 04:32 PM.

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by seaweaver1 View Post
    It is an Open Carry...event...???(sorry...left that out)

    cw
    Sounds like it would be legal, but you should read my signature line.
    It is well that war is so terrible otherwise we would grow too fond of it.
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    I'm waiting to hear back from the guys at NCGR.

    The restaurant owner is very adamant that we come.

    Seems this is allowing the owner some latitude to what happens on his property.

    cw
    Last edited by seaweaver1; 03-07-2013 at 04:40 PM.

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by seaweaver1 View Post
    I'm waiting to hear back from the guys at NCGR.

    The restaurant owner is very adamant that we come.

    Seems this is allowing the owner some latitude to what happens on his property.

    cw
    If it was not for that event part of the statute, any restaurant that does not post a gun buster sign is giving permission. It ultimately should be the choice of the property owner. Both the OCer and the property owners rights are being infringed.

    COMMENTS REMOVED BY ADMINISTRATOR: Bashing other gun rights groups
    Last edited by John Pierce; 03-11-2013 at 11:02 AM.
    It is well that war is so terrible otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

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    PV is anti OC? good to know. I sent the message to the lawyers...perhaps...
    humm...he should sign up for the webinar!

    Let me see if I can get an opinion from Newby or our Sheriff to be.
    (I'm not signing a permission slip.)
    cw

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    Regular Member carolina guy's Avatar
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    Quote Originally Posted by seaweaver1 View Post
    I'm waiting to hear back from the guys at NCGR.

    The restaurant owner is very adamant that we come.

    Seems this is allowing the owner some latitude to what happens on his property.

    cw
    Perhaps the owner of the restaurant should consider suspending alcohol sales during the OC event??
    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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    My lawyer friend in savannah concurs w/ my reading. That's 99% of the game...understanding the subtleties of the language of the law.
    cw

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    Quote Originally Posted by seaweaver1 View Post
    My lawyer friend in savannah concurs w/ my reading. That's 99% of the game...understanding the subtleties of the language of the law.
    cw
    oh ya, now i shall take that advice to the bank...

    did your attorney miss the small print of 14-415.11(c2): quote It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in the person's body any alcohol or in the person's blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person's blood was lawfully obtained and taken in therapeutically appropriate amounts or if the person is on the person's own property.

    wabbit
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    wez aint consumin....
    cw

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    Quote Originally Posted by ncwabbit View Post
    oh ya, now i shall take that advice to the bank...

    did your attorney miss the small print of 14-415.11(c2): quote It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in the person's body any alcohol or in the person's blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person's blood was lawfully obtained and taken in therapeutically appropriate amounts or if the person is on the person's own property.

    wabbit
    And if it's an open carry event, "theyz aint concealing, neither."

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    Slightly off topic, but the way I read this, it appears I can drink and carry on my own property, correct?

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    Regular Member carolina guy's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    Sounds like it would be legal, but you should read my signature line.
    I would go further and have something PRINTED announcing the event, and then get WRITTEN permission of the owner for each of the OCers. Although, I suppose blanket permission of the owner for all OCers would work too...if he wanted to enhance his business, he could have a regular OC event and give a discount for each armed participant.
    Last edited by carolina guy; 03-09-2013 at 11:29 AM.
    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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    Quote Originally Posted by trooper46 View Post
    Slightly off topic, but the way I read this, it appears I can drink and carry on my own property, correct?
    Yes you can.

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    Quote Originally Posted by carolina guy View Post
    I would go further and have something PRINTED announcing the event, and then get WRITTEN permission of the owner for each of the OCers. Although, I suppose blanket permission of the owner for all OCers would work too...if he wanted to enhance his business, he could have a regular OC event and give a discount for each armed participant.
    He could file a court case also that his rights to decide who he sells to is being infringed. And maybe the whole law can be trashed the right way. Seems with a pro gun property owner and the customers there would be chance of properly getting rid of this stupid law.
    It is well that war is so terrible otherwise we would grow too fond of it.
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    Regular Member carolina guy's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    He could file a court case also that his rights to decide who he sells to is being infringed. And maybe the whole law can be trashed the right way. Seems with a pro gun property owner and the customers there would be chance of properly getting rid of this stupid law.
    He might need a team of lawyers...a publicist and even a hair dresser to pull it off.

    Or...he could just give "permission" for all the OCers to sit, eat, drink and enjoy!
    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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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by carolina guy View Post
    He might need a team of lawyers...a publicist and even a hair dresser to pull it off.

    Or...he could just give "permission" for all the OCers to sit, eat, drink and enjoy!
    He can only give permission for an event, unless he hires everybody as security. I suspect that if he was to do this on a daily basis, he might start having problems with the local ABC board. This really needs to be challenged in court, and from both sides of the spectrum. The property owner and the patron.
    It is well that war is so terrible otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

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    Regular Member carolina guy's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    He can only give permission for an event, unless he hires everybody as security. I suspect that if he was to do this on a daily basis, he might start having problems with the local ABC board. This really needs to be challenged in court, and from both sides of the spectrum. The property owner and the patron.
    That's why I would start with something like "Firearm Friday's" or something like that...and then go for a "Firearms Week" every other week...or a "Firearms Month"...or a "Year of the Firearm" . I think as long as he defines it somewhat...what "business" is it of the ABC board?
    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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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by carolina guy View Post
    That's why I would start with something like "Firearm Friday's" or something like that...and then go for a "Firearms Week" every other week...or a "Firearms Month"...or a "Year of the Firearm" . I think as long as he defines it somewhat...what "business" is it of the ABC board?
    It would depend if the ABC board is anti. Not sure what reasons they can hold a license hostage.
    It is well that war is so terrible otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

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    Regular Member carolina guy's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    It would depend if the ABC board is anti. Not sure what reasons they can hold a license hostage.
    true...I know very little about the ABC boards, other than they should not exist.
    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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    Quote Originally Posted by carolina guy View Post
    true...I know very little about the ABC boards, other than they should not exist.
    You are using a plural and saying they, do you believe there is more than one board or local boards? North Carolina does not have local ABC Boards for retail establishments. It is governed on the state level. The Liquor Stores are run by the county they are in and have a Board. Some of the larger cities will have a ABC agents designated in their police department, Charlotte has 2 or 3. They work in conjunction with the state ABC and ALE officers.

    Here is the website for the Mecklenburg County ABC board. http://www.meckabc.com/ Notice anything dealing with retail establishments they say to contact Raleigh. I use this site to place my orders.
    Last edited by NC-Heel; 03-10-2013 at 04:59 AM.
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  23. #23
    Regular Member carolina guy's Avatar
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    Quote Originally Posted by NC-Heel View Post
    You are using a plural and saying they, do you believe there is more than one board or local boards? North Carolina does not have local ABC Boards for retail establishments. It is governed on the state level. The Liquor Stores are run by the county they are in and have a Board. Some of the larger cities will have a ABC agents designated in their police department, Charlotte has 2 or 3. They work in conjunction with the state ABC and ALE officers.

    Here is the website for the Mecklenburg County ABC board. http://www.meckabc.com/ Notice anything dealing with retail establishments they say to contact Raleigh. I use this site to place my orders.
    I (mistakenly) thought that the county boards also supplied the retail shops. Thanks for the clarification.
    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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    trooper46

    Slightly off topic, but the way I read this, it appears I can drink and carry on my own property, correct?


    HA!


    I just spoke to Sargent Earl Austin of the Hillsborough PD and he says it is perfectly fine and concurred w/ the state providing latitude to the establishment owner.

    Open Carry w/ chips and salsa at Pueblo Viejo Mexican Restaurant 5pm today Hillsborough.

    cw

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    How did the event go?
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