OC in restaurants

I was always under the assumption that I could not OC at restaurants that serve alcohol. I know you can cc. I was in a restaurant and I saw a guy that was OC . Am I able to OC in these places?

Spyder said:

I was always under the assumption that I could not OC at restaurants that serve alcohol. I know you can cc. I was in a restaurant and I saw a guy that was OC . Am I able to OC in these places?

Click to expand...

My understanding is yes, but requires their permission.

Others should chime in shortly with a specific site.

Spyder said:

I was always under the assumption that I could not OC at restaurants that serve alcohol. I know you can cc. I was in a restaurant and I saw a guy that was OC . Am I able to OC in these places?

Click to expand...

Here's 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 any of 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 the person is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization sponsoring the event.

(4) A person registered or hired as a security guard by the owner, lessee, or person or organization sponsoring the event.

(5) A person carrying a handgun if the person has a valid concealed handgun permit issued in accordance with Article 54B of this Chapter, has a concealed handgun permit considered valid under G.S. 14-415.24, or is exempt from obtaining a permit pursuant to G.S. 14-415.25. This subdivision shall not be construed to permit a person to carry a handgun on any premises 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). (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); 2013-369, s. 3.)
--------------------------------------------------

I haven't done it, but there are members on here who ask permission from the owner to OC there, with the event being lunch or dinner

I OC under provision 5 from dmmattings snip of the law:

{snip}(5) A person carrying a handgun if the person has a valid concealed handgun permit {snip}

Notice it does not say carrying a concealed handgun, you just need a chp to carry open or concealed. There are other examples in the law where it specifies carrying concealed with permit (see the law on parades).

So if no "no guns" signs are present, may it be assumed that one has permission to carry?

The Truth said:

So if no "no guns" signs are present, may it be assumed that one has permission to carry?

Click to expand...

Common sense yes, but government is anything but common sense. Best to get permission. I have OC'd with permission, but the LEO's that sometimes there never flinch. I had one give me the stink eye in a San Felipe last year, turned out he was an out of state LEO. Can't recall which state but it was somewhere in the NE.

As a added note, I don't see where government gets authority to dictate to private property owners, or their patrons. Seems unless called, or a serious crime, their authority stops at the door.

(WARNING) I am not a lawyer, so any risk taken is your own. There was a member who had a OC dinner in Hillsborough in a alcohol restaurant, and supposedly the states attorney relayed the same interpretation. That has been about 5 years ago though.

REDFIVE48 said:

I OC under provision 5 from dmmattings snip of the law:

{snip}(5) A person carrying a handgun if the person has a valid concealed handgun permit {snip}

Notice it does not say carrying a concealed handgun, you just need a chp to carry open or concealed. There are other examples in the law where it specifies carrying concealed with permit (see the law on parades).

Click to expand...

This has never been tested, the exemption is clearly part of the concealed carry permit law. So it does not mention OC, nor is it covered under case law. In those circumstances to avoid a ride, or hassle I would still get permission.

WalkingWolf said:

This has never been tested, the exemption is clearly part of the concealed carry permit law. So it does not mention OC, nor is it covered under case law. In those circumstances to avoid a ride, or hassle I would still get permission.

Click to expand...

Don't forget the free jewelry and the custom meals while you are their guest. :lol:

WalkingWolf said:

This has never been tested, the exemption is clearly part of the concealed carry permit law. So it does not mention OC, nor is it covered under case law. In those circumstances to avoid a ride, or hassle I would still get permission.

Click to expand...

Permission? From whom?

CCJ