Hi all,
I am a Montana resident and am not very happy about the carrying concealed where alcohol is served prohibition. I don't drink, but I do eat, and many restaurants serve alcohol. I cannot legally carry concealed into those places. So, I sent this off to the Attorney General's office.
Hello,
I understand the law as it applies to concealed carry of a firearm where alcohol is served.
45-8-328. Carrying concealed weapon in prohibited place -- penalty. (1) A person commits the offense of carrying a concealed weapon in a prohibited place if the person purposely or knowingly carries a concealed weapon in:
(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.
(2) It is not a defense that the person had a valid permit to carry a concealed weapon. A person convicted of the offense shall be imprisoned in the county jail for a term not to exceed 6 months or fined an amount not to exceed $500, or both.
That is pretty straight forward and simple to understand.
My question concerns the open carry of a firearm. If I want to carry my firearm with me into a restaurant that serves alcohol can I wear it open and be in compliance with the current law? I would much rather have my pistol with me than take the chance of it being stolen while I am dining.
I have not been able to find anything that addresses this particular question.
Thank you for your time with this matter.
Bob
And within a couple of days, I received this back:
Mr. XXXX, There is nothing in Montana law that prohibits the open carry of a weapon into an establishment that serves alcohol. However, most such establishments will not permit any weapons to be brought in. They have the right to prohibit all weapons on their premises, and most do. Sheri Sprigg, Assistant Attorney General
Now I just need to find out if the restaurants I frequent will have an objection. If they do you can bet they have seen the last of me.
bob
ETA: In response to my question whether or not it had to be posted or is verbal notification was sufficient I got this reply back:
From: Sprigg, Sheri
Sent: Tuesday, June 12, 2007 1:31 PM
To: Contact DOJ
Subject: RE: Carrying of pistol where alcohol is served?
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Verbal notification by an employee is sufficient. The establishments are private property, and patrons must comply with the proprietor’s request.
Sheri Sprigg, Assistant Attorney General
So, there is the answer.
bob