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Thread: OC in Restaurants in Montana

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    This GOA article confirms that one can legally OCin restaurants that serve alcohol in Montana.

    http://gunowners.org/op07132009jp.htm

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    It has been commonly, and widely known that yes anyone can OC in a restaurant that serves alcohol. Just because GOA said it, does not make it any more legal, it just confirms what we all ready knew.

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    I will also point out (stress a key point) that you cannot conceal while in an establishment that serves alcohol. For Montana, that is just about everywhere except fast food chains.

    Carry Open, Carry Often.

    -MCZ

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    JBinMontana wrote:
    It has been commonly, and widely known that yes anyone can OC in a restaurant that serves alcohol. Just because GOA said it, does not make it any more legal, it just confirms what we all ready knew.
    JB,

    Yes, you are right again. However, I'm not so sure it is common knowledge.

    I've been here in MT since 2005 and I just recently learned of this. It's not mentioned in Marbut's fine and otherwise comprehensive book. I first became aware that OC inrestaurants and barsia legalby studying this forum.

    http://opencarry.mywowbb.com/view_to...arants+montana

    I did say the GOA article "confirms" the right. This forum is a great resource for folks wanting to learn the laws in their area - it pops up often in Google searches. Many of us will research advice given on the internet first before acting. The GOA article gives strong confirmation.

    Augustin

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    Regular Member 40s-and-wfan's Avatar
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    MontanaCZ wrote:
    I will also point out (stress a key point) that you cannot conceal while in an establishment that serves alcohol. For Montana, that is just about everywhere except fast food chains.

    Carry Open, Carry Often.

    -MCZ
    CZ, the way MCA states it, you cannot carry concealed in a place where alcohol is dispensed, sold and consumed. As has been mentioned in past threads of this nature, all three have to be done in the same room for concealed carry to be prohibited in Montana.
    I've used this example here in the Montana thread in the past but, if you go into Famous Dave's here in town and sit in the restaurant side of the facility, you can legally carry concealed because the alcoholic beverages are dispensed in another room (the bar area) of the facility. You cannot however, go into the bar area and carry concealed, but you can carry openly in that part of the restaurant. Kinda' bass-ackwards if you ask me!!
    In a crisis you don't rise to the occasion, but rather default to your level of training.

    Forgiveness is between them and God. It's my job to arrange the meeting.
    -John W. Creasy (Man on Fire)

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    I stand corrected. I must have missed the distinction in the previous threads. From that distinction though, I would gather that you cannot conceal in a place like Perkins or Fudruckers where they serve, but do not have a separate bar area? I rarely eat out, and do not drink, so I have missed a bit here and there I guess.

    -MCZ

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    Perkin's here doesn't serve alcohol at all!!
    In a crisis you don't rise to the occasion, but rather default to your level of training.

    Forgiveness is between them and God. It's my job to arrange the meeting.
    -John W. Creasy (Man on Fire)

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    Shows how much I get out as I thought they did. Ok, how about Denny's.. any place like that really. It is 50 miles for me to get to town, and sometimes I don't go for weeks at a time.

    -MCZ

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    We had a Denny's here close by and they didn't either. Perkin's doesn't, Applebee's does, as does all the other casino's here that have restaurants in them. Carry is something one always has to be on their toes about when going out to eat.
    In a crisis you don't rise to the occasion, but rather default to your level of training.

    Forgiveness is between them and God. It's my job to arrange the meeting.
    -John W. Creasy (Man on Fire)

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    40s_and_wfan, I think we would do well, to someday go out around the Flathead Valley and check restaurants as to who serves and who doesn't, then we can post back and make a list for our fellow members here.

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    That prolly wouldn't be a bad idea. I wanna see what places around here will balk at OC when we go in there!! It'd be worth a shot in my opinion. Some of the places would be kinda' controversial, like say Famous Dave's for instance, Hu-Hots, Sizzler's or other places like that! We'll have to see!!
    In a crisis you don't rise to the occasion, but rather default to your level of training.

    Forgiveness is between them and God. It's my job to arrange the meeting.
    -John W. Creasy (Man on Fire)

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    I've known it was legal for several years and I have never been to Montana.
    But I have read the MCA
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    40fan, When are we going to Famous Daves?

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    When you have the money to pay for what I want to eat!!

    No, seriously though, I gotta see what things look like for me over in Shelby here within the near future. If everything works out the way I want it to, I might be moving... we'll see though!!
    In a crisis you don't rise to the occasion, but rather default to your level of training.

    Forgiveness is between them and God. It's my job to arrange the meeting.
    -John W. Creasy (Man on Fire)

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    Here is a thread that covered some of the alcohol and carry questions. I felt the law was fairly ambigous when I lived there so I wrote the state Attny General. They are quite helpful and prompt.

    If I had any questions about any gun laws in Montana, that is where I would take my questions.

    http://opencarry.mywowbb.com/forum34/5284.html



    bob



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    JB, Gunny, and 40's (if ya didn't move to Shelby yet), I'm in Kalispell with a CWP too, and wouldn't mind talking with the manager/owners of many of our local eateries about their feelings and understandings of Montana's CC/OC nuances.

    I have several friends with CWP's that could probably be enlisted to help out, and if push comes to shove, as the Bigfork Gun Club Secretary, I could probably enlist the help of a few dozen other like minded folks...

    Our effort could be a springboard for other countiesin the state, andbordering states too, to help define just what is allowable...I'm in, shoot me an email atbluestarknives at sbcglobal dot net



  17. #17
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    Will do. A few of us have been wanting to go to some different places around the valley as customers to test their acceptability of OC/CC since it's about the only way to find out!
    I'm not in Shelby yet. Damn idiots won't schedule the interview!! LOL.

    I'll shoot you an email this evening to chat with you more about it.
    In a crisis you don't rise to the occasion, but rather default to your level of training.

    Forgiveness is between them and God. It's my job to arrange the meeting.
    -John W. Creasy (Man on Fire)

  18. #18
    Regular Member 40s-and-wfan's Avatar
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    Okay y'all. If all works out, I'm going to be moving sometime in the near future to the Shelby or Great Falls area. We need to get together and at least have coffee again before that happens. I don't know if anyone else is interested in that little idea, but I'd sure like it and I know another person who would as well!! Drop me a line here and let me know what y'all think of this idea. Hopefully just a casual coffee appointment like this doesn't fall on its face like the Monthly Meetings did.
    In a crisis you don't rise to the occasion, but rather default to your level of training.

    Forgiveness is between them and God. It's my job to arrange the meeting.
    -John W. Creasy (Man on Fire)

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    Since I don't have a job now I suppose I can attend, just let me know when.

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    So just to understand, say Chilis, where they serve alcohol at the bar, but the restaurant is separated by a glass wall/partition, would I be able to conceal carry in the restaurant side? Or is this too gray of an area?

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    Regular Member 40s-and-wfan's Avatar
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    Yes, you can. As long as at least one of those criteria are done in another room, you can legally carry concealed without any repercussions. It's a tight subject to find your way around, but after many conversations with the Montana Attorney General's office, they've told me that one can do so legally unless something is said by one of the establishment's employees. But then if you're carrying concealed in an effective manner, they shouldn't know anyways.
    In a crisis you don't rise to the occasion, but rather default to your level of training.

    Forgiveness is between them and God. It's my job to arrange the meeting.
    -John W. Creasy (Man on Fire)

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    Regular Member MT GUNNY's Avatar
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    40 you have been in Applebes here in Kalispell right? I have CC there, in my normal half and half way. would you agree that its a place that OC would be the proper way to carrythere?



    Coon Dog !! Thats Funny!

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    Regular Member 40s-and-wfan's Avatar
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    I would continue to do so in the same way you've always done it. I could see how it might be considered kind of borderline but it's hardly ever noticed anyways!

    Thought you might like that email!!
    In a crisis you don't rise to the occasion, but rather default to your level of training.

    Forgiveness is between them and God. It's my job to arrange the meeting.
    -John W. Creasy (Man on Fire)

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    Thanks 40

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    Regular Member 40s-and-wfan's Avatar
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    Anytime Laramie!!

    I'm usually a fountain of useless knowledge but every once in a while, I can come up with something that proves to be useful to someone!!
    In a crisis you don't rise to the occasion, but rather default to your level of training.

    Forgiveness is between them and God. It's my job to arrange the meeting.
    -John W. Creasy (Man on Fire)

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