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Thread: Concealed Carry in places that serve alcohol?

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    Hello guys.

    Going to the Keys in July and have a FL non-res permit. I THOUGHT i read somewhere that you cant have a firearm anywhere that serves alcohol. Is this true? That would be a pain every time I walk into a resteraunt or anywhere that serves alcohol, which is everywhere, to disarm. But if that's the law I will obviously do so. But I just wasn't clear.

    Clarification anyone? Thank you!

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    Florida Statute 790.06... see highlighted/underlined portion...

    "Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises"

    There is some disagreement in regard to the exact meaning. Most all agree that a "bar" only businessis off limits. However, an establishment such as Chili's, Fridays, basically a restaurant that simply also offers a bar areais ok, so long as you stay out of the bar "area". Meaning, you can sit and carry within the portion of the restaurant that's designed for dining. You can also order a drink or two, as there's no law regarding legally carrying and drinking.Taking your gun out and waving it around whiledrunk is, however, very bad. In myhumble opinion, if you're going to drink to excess, leave the gun in the car/home. Guns and booze dont' mix. But, that's my opinion.Florida law actually doesn't address drinking while LEGALLYcarrying.


    The disagreement tends to be what portion of said establishment is actually defined as "licensed to dispense". Some feel that the general bar area is off limits. Others feel that only plopping elbows down on the bar itself is off limits, as that'swhere they actually "dispense" the alcohol and even the tables surrounding the bar are OK.

    It's a debate that has yet to be settled in theFlorida gun ranks. I've posted the statute below copied directly from http://www.leg.state.fl.us/statutes

    You will also find those who simply follow the "concealed is concealed" or"whatthey don't know won't hurt them" mentality and you can take thatfor what it's worth. Just remember, those folks aren't likely to come bail you out of jail and help you pay your lawyer should you get caught.So,keep that in mind when you see that comment.





    (12)No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any career center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

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    Thx for the reply.

    The drinking while carrying isn't an issue--I do not drink. And bringing the concealed weapon into a bar isn't really a concern of mine either. It's more all the delicious resteraunts that may also serve wine, or like you said, somewhere like Friday's where you have a bar area. I wouldn't be drinking but I also want to be in line with the law.

    Thx for the reply.

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    alisaneo07 wrote:
    Thx for the reply.

    The drinking while carrying isn't an issue--I do not drink. And bringing the concealed weapon into a bar isn't really a concern of mine either. It's more all the delicious resteraunts that may also serve wine, or like you said, somewhere like Friday's where you have a bar area. I wouldn't be drinking but I also want to be in line with the law.

    Thx for the reply.
    Just stay away from the bar and you're golden.

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    I believe that it is also general consensus in Florida that you should not even pass through the bar area of a restaurant while CC. I believe that this is a little paranoia, but since there has not been a test case on it, I do so very cautiously. Concealed is concealed. I have officer friends who know that I CC in bar only establishments and they tell me that I am OK as long as I do not sit at the bar. But I wonder where they would be if I were to be arrested for it.

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    bufordtpisser wrote:
    I believe that it is also general consensus in Florida that you should not even pass through the bar area of a restaurant while CC. I believe that this is a little paranoia, but since there has not been a test case on it, I do so very cautiously. Concealed is concealed. I have officer friends who know that I CC in bar only establishments and they tell me that I am OK as long as I do not sit at the bar. But I wonder where they would be if I were to be arrested for it.
    I had an Assistant State Attorney tell me they will only prosecute if you belly up to the actual bar itself.

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    That is pretty much what my LEO friends have stated. I wish we could get an official clarification on this issue.


    brboyer wrote:
    bufordtpisser wrote:
    I believe that it is also general consensus in Florida that you should not even pass through the bar area of a restaurant while CC. I believe that this is a little paranoia, but since there has not been a test case on it, I do so very cautiously. Concealed is concealed. I have officer friends who know that I CC in bar only establishments and they tell me that I am OK as long as I do not sit at the bar. But I wonder where they would be if I were to be arrested for it.
    I had an Assistant State Attorney tell me they will only prosecute if you belly up to the actual bar itself.

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    brboyer wrote:
    bufordtpisser wrote:
    I believe that it is also general consensus in Florida that you should not even pass through the bar area of a restaurant while CC. I believe that this is a little paranoia, but since there has not been a test case on it, I do so very cautiously. Concealed is concealed. I have officer friends who know that I CC in bar only establishments and they tell me that I am OK as long as I do not sit at the bar. But I wonder where they would be if I were to be arrested for it.
    I had an Assistant State Attorney tell me they will only prosecute if you belly up to the actual bar itself.
    Of course, the beat cop who drags you down to the slammer and locks you up overnight isn't going to know that. I vote "concealed is concealed" on this one. The only way you'd get arrested is if youpermitted it to happen through carelessness or stupidity.
    Rich
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    Executive Director
    Florida Carry, Inc.
    www.floridacarry.org
    Glock 23 RTF2
    Mosin Nagant M91/30 (1942 Izhevsk)
    _____________________________________
    Want to do something about your gun rights?
    PITCH IN, QUIT B*TCHING!

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    JeepSeller wrote:



    (12)No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into..snip... related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;
    Stay out of the bar area and you should be fine. I wish Louisiana's law would be as well defined.
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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