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Thread: Carrying in a restaurant that has a bar in a separate room....

  1. #1
    Regular Member LeMat's Avatar
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    Carrying in a restaurant that has a bar in a separate room....

    I know this has been brought up before, but I can't seem to find a definitive answer.

    Can one CC in a restaurant that has a bar in a separate room if one stays in the restaurant area? There are restaurants that are pretty delineated between the bar and eating area. Little cloudy on this.....


    (c) a room in which alcoholic beverages are sold, dispensed, and consumed under a license issued under Title 16 for the sale of alcoholic beverages for consumption on the premises.
    "Never belittle someone for carrying a small firearm. Commend them for carrying a firearm."
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  2. #2
    Campaign Veteran MAC702's Avatar
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    Does the non-bar portion still serve alcohol? That is the part the law looks at.

    Do the two parts operate under the same license? My guess is probably yes, and you would probably have to open carry to be legal.

    EDIT: Wow, I just noticed your signature! I'm honored. I'd forgotten about that.
    Last edited by MAC702; 02-17-2014 at 09:42 PM.
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  3. #3
    Regular Member LeMat's Avatar
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    Yes you can be served in the restaurant area. I would imagine they operate under the same license.

    I wondered about the "sold, dispensed and consumed" part. I thought it had to be all three as there is no "or".

    Alcohol can be sold and consumed in the restaurant area, but must be dispensed in the bar.

    I'm picking nits I suppose. It just chaps my keister that Montana is one of two states that still has this provision.

    Spose I'll just give the place a call and see what their OC policy is.

    The sig.... yep, it's a good one.
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    Campaign Veteran MAC702's Avatar
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    It's a pain if you guess wrong, I know, but if you call, most places will decide on the spot that it is not allowed.

    I hadn't thought about that "dispensed" part. That's an interesting catch, but I think you'll not be able to convince anyone in authority if you got caught. But it might help your conscience if you know you won't get caught!

    Next time you come south, give me a shout. We'll sit OC at the bar with a couple cold ones.
    "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

  5. #5
    Regular Member LeMat's Avatar
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    Sounds like a plan!
    "Never belittle someone for carrying a small firearm. Commend them for carrying a firearm."
    -OpenCarry.org member MAC702

  6. #6
    Campaign Veteran slapmonkay's Avatar
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    To be safe you must OC in such establishments. This is also the recommendation that is provided by handgun laws (CC site).

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    I Am Not A Lawyer, verify all facts presented independently.

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  7. #7
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    The law states that in such establishments for example applebee's, Boston's, etc., the carrier must OC, and stay out of the designated bar area, and of course not be consuming alcohol. Follow those three rules and you will be fine. As long as their main sale is not alcohol. But if the establishment is marked no weapons, with the sign on the door or window then you can not enter the building with your firearm.

  8. #8
    Campaign Veteran slapmonkay's Avatar
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    Quote Originally Posted by M&P carrier View Post
    The law states that in such establishments for example applebee's, Boston's, etc., the carrier must OC, and stay out of the designated bar area, and of course not be consuming alcohol. Follow those three rules and you will be fine. As long as their main sale is not alcohol. But if the establishment is marked no weapons, with the sign on the door or window then you can not enter the building with your firearm.

    Please provide cites to MCA for the bold and underline sections of your statements.

    a) No where in Montana law does it restrict you from going into a bar or designated bar area while open carrying.
    b) No where in Montana law does it list anything regarding primary sales of alcohol or anything related as such.
    c) A sign does not carry the weight of law in Montana. However, I would not suggest supporting a company or business that does not support your values
    I Am Not A Lawyer, verify all facts presented independently.

    It's called the "American Dream" because you have to be asleep to believe it. - George Carlin

    I carry a spare tire, in case I have a flat. I carry life insurance, in case I die. I carry a gun, in case I need it.

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