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legal question

nobama

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I have heard several different opinions, but wanted to know. I know it is illegal to CC in a place that serves alcohol, but someone told me you could open C in a restarant that serves alcohol., which I have done before. Then someone told me you could carry,but couldnt sit at the bar. Whats say you?
 

chiefjason

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Bad plan.

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.
 

mbgreite

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I have a similar question?

The law says you cant carry it into the establishment but what about outdoor seating where you dont have to enter the establishment?
 

chiefjason

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mbgreite wrote:
I have a similar question?

The law says you cant carry it into the establishment but what about outdoor seating where you dont have to enter the establishment?
Particularly if the seating is on a public square or sidewalk. Don't know the answer, but have been wondering about that too.
 

mekender

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chiefjason wrote:
mbgreite wrote:
I have a similar question?

The law says you cant carry it into the establishment but what about outdoor seating where you dont have to enter the establishment?
Particularly if the seating is on a public square or sidewalk. Don't know the answer, but have been wondering about that too.
i would bet that outdoor seating, even if it is not surrounded by a fence would be considered part of the "establishment" for the purposes of the law...

as one of my buddies is fond of saying... you too can be a test case...
 

thomis

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Greetings,

I took the CC class on June 28th and the instructor said the bill to be able to cc in restaurants that serve alcohol made it through two readings and needed one more reading to pass. Hopefully, it soon will pass. (making it past two readings is usually promising)
 

nobama

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Its such BS, the arguments we hear are "guns and alcohol dont mix" well, you cant drink and carry anyway. There is not ONE reason we shouldnt be able to go into a resturant that serves alcohol and eat with our families. Its total BS.
 

mekender

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wethepeople wrote:
Its such BS, the arguments we hear are "guns and alcohol dont mix" well, you cant drink and carry anyway. There is not ONE reason we shouldnt be able to go into a resturant that serves alcohol and eat with our families. Its total BS.

technically, you cant conceal carry and drink... there isnt a law in NC prohibiting open carry while drinking... though it may not be a wise thing to do...

to clarify, you cant carry at all in a place that serves alcohol...
 

chiefjason

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thomis wrote:
Greetings,

I took the CC class on June 28th and the instructor said the bill to be able to cc in restaurants that serve alcohol made it through two readings and needed one more reading to pass. Hopefully, it soon will pass. (making it past two readings is usually promising)
I don't believe the bill made it out of committee before the carry over date. From everything I have heard it is dead for this year. It will have to be reintroduced. Anyone feel free to correct me if I am wrong. I think the bills that made it through are posted here somewhere. I do know that the Castle Doctrine, while technically still around, is not being scheduled in Judiciary I. Deborah Ross seems to be single handedly killing it. How's that for representation! :banghead:
 

ocgso

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Although many CC permit holders chose to carry in establishments that serve alcohol. I know many CCH folks who carry EVERYWHERE.

If you are interested, it is only a misdemeanor to carry in a restaurant that serves alcohol, and you will not lose your permit. You will receive a warning, and if it happens again, you will lose your right (actually priviledge) to CC.



Finally: I figure unless you are doing a really poor job of CCing, who will know you are carrying unless you need to use it. At that point, who cares if you get a misdemeanor, you are alive.



I would rather be judged by 12 then carried by 6.
 

mekender

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though many might agree with your sentiments... how hypocritical is it for us to continue to strive to change the law through legal means, and then advocate breaking the law anyways...
 

ocgso

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I agree completely, however, is it fair that I own 8 handguns and then get killed on my way out of a formal dinner because some crackhead decided he needs another fix?

I know it makes me (and many others like me) hypocrits......I am still very upset that I cannot legally carry at work (it is a state law that carries a felony charge, so I have to leave the guns at home or I will lose my right to carry).

Until we get the laws changed am I to be a target?

I used to think I was safe, but had a run in a few years ago that convinced me otherwise.

My wife received threatening phone calls at work a few weeks ago and asked me to come get her because she was afraid to walk to her car in the parking deck. They ended up being a prank from some random person that the police never pursued, but I came straight from my job and had no way to defend myself if there was some wacko waiting for her.

The second amendment is the second one for a reason, and until the politicians realize that the only ones following their ridiculous laws are the good guys, we are at a disadvantage.:cuss::cuss::cuss:

.

You know there is a reason that you are seeing a HUGE surge in 32 ACP and 380 sales. Also a reason that you are seeing a HUGE success for holsters like these.



http://www.youtube.com/watch?v=mxtv1KQimis&eurl=http%3A%2F%2Fwww%2Econcealedcomfort%2Ecom%2Fvideo%2Eshtml&feature=player_embedded
 

NCRonB

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ocgso wrote:
If you are interested, it is only a misdemeanor to carry in a restaurant that serves alcohol, and you will not lose your permit.  You will receive a warning, and if it happens again, you will lose your right (actually priviledge) to CC.

I agree with your sentiments that CC should be allowed everywhere, however...

According to NCGS 14‑415.18, the sheriff may revoke your permit for being "adjudicated guilty" of a crime that would've disqualified you from getting your permit in the first place. The disqualifiying criteria 14‑415.12(b)(8) includes violation of a misdemeanor under 14.269.3, the "carrying where alcohol is sold and consumed" statute.

I can't find anything about a warning. It looks to me like you could lose your NC CHP forever with a single violation. Am I missing something?
 

Fahrenheit

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ocgso wrote:
I agree completely, however, is it fair that I own 8 handguns and then get killed on my way out of a formal dinner because some crackhead decided he needs another fix?

I know it makes me (and many others like me) hypocrits......I am still very upset that I cannot legally carry at work (it is a state law that carries a felony charge, so I have to leave the guns at home or I will lose my right to carry).
[/quote]
You could always lock it up in your car, and park offsite if need be.


Nobody forces you to enter a restaurant that serves alcohol. You choose to go there, just like you choose to be a lawbreaker if you have a firearm when you do so.
 

NCjones

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JDriver1.8t wrote:
In NC, you CAN NOT carry into a place that sells alcohol for consumption on premises.
No OC, no CC.
This is correct. The liquor license covers the entire premises not just the bar.
 
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