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Thread: restaurant carry

  1. #1
    Regular Member hammer6's Avatar
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    is it just open carry that's banned in restaurants that serve alcohol or open and concealed? also- can you carry in a place that serves alcohol, but not for on site consumption?
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    Both open and concealed are banned where alcohol is served to drink on the premises. CC is allowed where alcohol is served to drink off premise (Walmart, Liquor stores, Walgreens, etc.). Someone else can site the relevant law for me please.

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    Funny u should ask, I traveled thru Las Vegas NM in march of this year. I thought I looked up the laws well enough. Apparently not. I entered some sort of restaurant that served beer and wine, it wasn't one of those chain places, more mom and pop. Anyway after being in there, eating and drinking iced tea I went up front to pay the bill and noticed the sign to my left on the backside of the wall (on the left as you walk in) on a wall you cant really see until at the registar. I looked at the women as she kind of eyed the pistol on my hip. I said"oops" and covered it up. I had mentioned to her the sign should be out front where it can be read more easily. Regardelss the point is I should have done better research. That could have gone bad I think.

    A few minutes later I am at the local gas and sip and what do I see. The same sign. I asked the employee and he said never mind the sign. We just have it up. ??????? I passed thru the state without any issues but was driving out of there confused.

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    oc or cc in an establishment that serves alcohol for comsuptionn on premisesis a 4th degree felony. not good juju.

  5. #5
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    Onsite Offsite
    OC NO OC NO
    CC NO CC YES

    If I remember right, about a year ago there was a guy who went into a Giant gas station that apparently sold alcohol "real quick" and got tagged with a felony because he was OC'ing.

  6. #6
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    jdgypsy wrote:
    Funny u should ask, I traveled thru Las Vegas NM in march of this year. I thought I looked up the laws well enough. Apparently not. I entered some sort of restaurant that served beer and wine, it wasn't one of those chain places, more mom and pop. Anyway after being in there, eating and drinking iced tea I went up front to pay the bill and noticed the sign to my left on the backside of the wall (on the left as you walk in) on a wall you cant really see until at the registar. I looked at the women as she kind of eyed the pistol on my hip. I said"oops" and covered it up. I had mentioned to her the sign should be out front where it can be read more easily. Regardelss the point is I should have done better research. That could have gone bad I think.

    A few minutes later I am at the local gas and sip and what do I see. The same sign. I asked the employee and he said never mind the sign. We just have it up. ??????? I passed thru the state without any issues but was driving out of there confused.


    In the case of the restaurant, unless they had advertising for the beer and wines they sold around the place, had you been caught carrying, you have a defense available that generally would hold up. You might still be convicted, but the penalty would be reduced if you were [unlikely].

    The law is clear - signage must be conspicuously posted where alcohol is sold for on or off premises consumption. Alcohol establishments that hide these signs are responsible for the result of their actions. You ARE responsible to look for such signs, but there is a limit to the level of hide and seek you are required to go through. Allsup's here in the Clovis area are notorious for putting the signs in the window and moving ice machines in front of them.

    If you're licensed and carrying concealed, this sign no longer applies to you in establishments that sell for off-premises consumption.




    I'm still working on restaurant carry. It made it through all the committeesin both theHouse and Senate, made it off the Senate floor but the Speaker of the House refused to allow it to be heard at the close of the session last year so it failed.

    As to the gas stationemployee telling you to "never mind the sign", following that kind of advise will help you become a felon in a hurry here.

    The goal is to fix the easiest [that's a relative term here] parts of the law first, then get back to work on the more difficult open carry side.All it takes is time and reasonable support when we ask forit.

    Lastly, if you plan to travel and aren't sure of the law in one state or another, http://www.handgunlaw.us/is the most up to date, accurate site available for firearms laws. It's updated as soon as a law changes and we provide links to the state in question so you can verify what we tell you the law is for that state. In this case/time frame - I updated it just yesterday.

    Hope this helps.

    Steve Aikens





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    Regular Member SsevenN's Avatar
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    Great post steve, thanks for the info.

  8. #8
    Regular Member MrGlock's Avatar
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    House Bill 588 states exactly what you said; IHOP, Wendy's, any restaurant that does not serve liquor is fair game. whether you have a CCW or not, you cannot CANNOT CANNOT carry a firearm into a restaurant which sells liquor in open containers or glasses unless your are a cop. Only CCW holders can carry into establishments which sell liquor for off-premises consumption, i.e. package liquor, and thats assuming they don't have signs posted of course

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