New Gun Buster sign posted in Greenville MS

Chap · Sep 17, 2013

I just went to my favorite local package store in Greenville MS to buy some vodka. Unfortunately they had two signs on the door saying no weapons OC or CC allowed. I spun around and drove home. I Goggled the phone number then called to inquire when they decided to post the signs.

I was passed off to the owner who told me " all the liquor store in Mississippi are off limits and have always been that way. " I told him that the law reads " for consumption on the premises " He disagreed.

I printed out Miss. Code Ann. § 45-9-101 (2013) then high lighted the part which says - ( any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages; any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose )

I drove back and disarmed before entering the liquor store. I handed the owner the printed out law. He looked it over and seemed surprised. I asked him to think about it and possibly seek advise from a lawyer. I got the impression he was thinking it over. I walked out without buying anything, no threats of losing money or my business. I hope he changes his mind and removes the signs.

Here is the link to the store if anyone wishes to call and inquire about their policy - http://www.chilliespackagestorems.com/

georg jetson · Sep 17, 2013

In addition to your point about establishments that SERVE, you should also point out that 45-9-101 applies to CC only and that OC is protected in ANY establishment save court houses and jail houses.

Chap · Sep 17, 2013

georg jetson said:
In addition to your point about establishments that SERVE, you should also point out that 45-9-101 applies to CC only and that OC is protected in ANY establishment save court houses and jail houses.

Yes my reference is from the requirements for concealed carry only.

It's been awhile since I read HB2. Your reference above about limitations on OC. Where are you getting that from?

Thanks in advance.

georg jetson · Sep 17, 2013

Chap said:
Yes my reference is from the requirements for concealed carry only.

It's been awhile since I read HB2. Your reference above about limitations on OC. Where are you getting that from?

Thanks in advance.

Here's the jailhouse statute...

47-5-193. Prohibitions generally

It is unlawful for any officer or employee of the department, of any county sheriff's department, of any private correctional facility in this state in which offenders are confined, of any municipal or other correctional facility in this state, or for any other person or offender to possess, furnish, attempt to furnish, or assist in furnishing to any offender confined in this state any weapon, deadly weapon, unauthorized electronic device, contraband item, or cell phone or any of its components or accessories to include, but not limited to, Subscriber Information Module (SIM) cards or chargers. It is unlawful for any person or offender to take, attempt to take, or assist in taking any weapon, deadly weapon, unauthorized electronic device, contraband item, cell phone or any of its components or accessories to include, but not limited to, Subscriber Information Module (SIM) cards or chargers on property within the state belonging to the department, a county, a municipality, or other entity that is occupied or used by offenders, except as authorized by law.

Edit - Can't find the courthouse statute. I think I was incorrect that there is a prohibition against OC in a courthouse. Can't wait to get a speeding ticket

KBCraig · Sep 17, 2013

One thing you might want to mention to him, is that even if it was illegal to carry there, his obligation stops at posting whatever signs the state requires him to post. Going above and beyond to post his own is his choice, but it puts him in the position of playing liquor police.

Chap · Sep 17, 2013

KBCraig said:
One thing you might want to mention to him, is that even if it was illegal to carry there, his obligation stops at posting whatever signs the state requires him to post. Going above and beyond to post his own is his choice, but it puts him in the position of playing liquor police.

I'm thinking from his expression after reading my highlighted text, he was misinformed or just misunderstood the law. I'll give him a few days to check into it, then I'll call to see if I had any impact.

It's privately owned, he can do what he wants with his property, I just won't shop there anymore, I will be very vocal to my friends and to people I meet locally about the signs.

Chap · Sep 17, 2013

georg jetson said:
Here's the jailhouse statute...

47-5-193. Prohibitions generally

Edit - Can't find the courthouse statute. I think I was incorrect that there is a prohibition against OC in a courthouse. Can't wait to get a speeding ticket

Thanks, I just wasn't sure if there had been a bill clarifying OC specifically like with CC. So generally speaking we could add schools, military bases, post offices & federal buildings which are posted.

georg jetson · Sep 17, 2013

Chap said:
Thanks, I just wasn't sure if there had been a bill clarifying OC specifically like with CC. So generally speaking we could add schools, military bases, post offices & federal buildings which are posted.

That's covered by federal law. So, yes generally speaking.

Also, I left out this unconstitutional state statute...

§ 97-37-17. Possession of weapons by students; aiding or encouraging

It attempts to regulate open carry by any person on education property. That is expressly forbidden by the MS constitution.

Keep in mind that there can't be a bill clarifying OCing because the MS constitution expressly forbids any OC regulation.

davidmcbeth · Sep 18, 2013

Should have told him that someone is likely to sue him for a civil rights violation ... he's clearly an idiot.

Tell him of a case where a guy was awarded 2 million from a place just like his for doing the same thing.

Clearly he'll listen to anyone.

Signs would be down soon.

Glocklover20 · Sep 18, 2013

So from what I have read on your post and on my own along with phone calls to quite a few owners places like Olive Garden or Buffalo Wild Wings which i often eat at are ok to OC in correct since they do have things like wine and beer but are not primarily devoted to selling them, also there own rule of if you have a firearm OC or CC they will serve you wine or beer anyways. My only reason for asking after talking to them is incase i get a cop in there that wants to be a butthole about it.

Daylen · Sep 18, 2013

Glocklover20 said:
So from what I have read on your post and on my own along with phone calls to quite a few owners places like Olive Garden or Buffalo Wild Wings which i often eat at are ok to OC in correct since they do have things like wine and beer but are not primarily devoted to selling them, also there own rule of if you have a firearm OC or CC they will serve you wine or beer anyways. My only reason for asking after talking to them is incase i get a cop in there that wants to be a butthole about it.

um WHAT? Could you try again with proper sentence structure? I have no idea what you are saying.

Chap · Sep 18, 2013

Daylen said:
um WHAT? Could you try again with proper sentence structure? I have no idea what you are saying.

+1

Glocklover20 · Sep 20, 2013

Daylen said:
um WHAT? Could you try again with proper sentence structure? I have no idea what you are saying.

Haha sorry, I post on here on an iPhone or iPad while I'm in class so I do not have the time to make things look proper and easy to read.

Chap · Sep 20, 2013

Glocklover20 said:
Haha sorry, I post on here on an iPhone or iPad while I'm in class so I do not have the time to make things look proper and easy to read.

So what was your earlier question?

Glocklover20 · Sep 20, 2013

Chap said:
So what was your earlier question?

I just wanted to be clear on if I could carry in places like Olive Garden or chilies Olive Garden serves wine d chilies has a bar.

Chap · Sep 20, 2013

Glocklover20 said:
I just wanted to be clear on if I could carry in places like Olive Garden or chilies Olive Garden serves wine d chilies has a bar.

First off I'm not a lawyer, I have no issue with believing its ok to eat in the dinning area of a restaurant. I don't believe the restaurant is Primarily devoted to dispensing alcoholic beverages or primarily devoted to such purpose. I just don't sit in the bar area.

; any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages; any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose;

Are you familiar with http://www.handgunlaw.us/ ? Specifically the MS page http://www.handgunlaw.us/states/mississippi.pdf ? It has allot of info. Look towards the bottom of the MS page where it says " CARRY IN RESTAURANTS THAT SERVE ALCOHOL" I cut and pasted the info below.

Carry in Restaurants That Serve Alcohol
YES 45-9-101
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.

Remember it might be best to talk with a MS lawyer if you are not sure. Here is a link to a MS lawyer

Hope this helps you find the answer your seeking.

Glocklover20 · Sep 21, 2013

Chap said:
First off I'm not a lawyer, I have no issue with believing its ok to eat in the dinning area of a restaurant. I don't believe the restaurant is Primarily devoted to dispensing alcoholic beverages or primarily devoted to such purpose. I just don't sit in the bar area.

; any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages; any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose;

Are you familiar with http://www.handgunlaw.us/ ? Specifically the MS page http://www.handgunlaw.us/states/mississippi.pdf ? It has allot of info. Look towards the bottom of the MS page where it says " CARRY IN RESTAURANTS THAT SERVE ALCOHOL" I cut and pasted the info below.

Carry in Restaurants That Serve Alcohol
YES 45-9-101
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.

Remember it might be best to talk with a MS lawyer if you are not sure. Here is a link to a MS lawyer

Hope this helps you find the answer your seeking.

It clears everything up, thanks a lot.

georg jetson · Sep 21, 2013

Glocklover20 said:
I just wanted to be clear on if I could carry in places like Olive Garden or chilies Olive Garden serves wine d chilies has a bar.

Did you specify oc or cc? There is no regulation of oc in a place that serves alcohol.

georg jetson · Sep 21, 2013

Chap said:
First off I'm not a lawyer, I have no issue with believing its ok to eat in the dinning area of a restaurant. I don't believe the restaurant is Primarily devoted to dispensing alcoholic beverages or primarily devoted to such purpose. I just don't sit in the bar area.

; any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages; any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose;
Ko

Are you familiar with http://www.handgunlaw.us/ ? Specifically the MS page http://www.handgunlaw.us/states/mississippi.pdf ? It has allot of info. Look towards the bottom of the MS page where it says " CARRY IN RESTAURANTS THAT SERVE ALCOHOL" I cut and pasted the info below.

Carry in Restaurants That Serve Alcohol
YES 45-9-101
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.

Remember it might be best to talk with a MS lawyer if you are not sure. Here is a link to a MS lawyer

Hope this helps you find the answer your seeking.

This info is relavent to cc only.

Chap · Sep 21, 2013

georg jetson said:
This info is relavent to cc only.

Glocklover20

georg jetson is correct, nothing has been passed to restrict OC. Like we discussed above there are Federal restrictions but nothing currently at the State level.

HB2 which just passed finally clarified the definition of concealed carry.

We get the legal right to OC from the MS Constitution Article 3, Section 12 - The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the legislature may regulate or forbid carrying concealed weapons.

From what I understand reading this Open Carry forum is that laws are written to restrict certain things and actions. If there is no law then it is assumed to be legal or at least there's not a specific law the police can cite you for.

Again I'm not a lawyer, you would be best served to speak to a lawyer to confirm what people are posting on this forum. You might interrupt the OC law correctly but still get arrested. Followed by a long court battle, huge financial cost just to prove your innocence.

I don't personally have any issues with were I'm allowed to CC so when I OC there aren't any issues for me. If I OC then put on a jacket or my shirt happens to cover my pistol then I'm ok to CC where I'm at.

New Gun Buster sign posted in Greenville MS

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