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Thread: Question about carrying (oc) in restaurant

  1. #1
    Regular Member
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    op,ks
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    Had a quick question...It was my understanding that you can open carry in a restaurant as long as it is not a "bar". The restaurant must get majority of the profit from food sales and not alcohol.

    But thena buddy told me you cannot carry in a restaurant that serves alcohol.

    I have carried numerous times in places that serve alcohol. (el maguey, on the border, chili's, etc) Never had an issue but thought I would see what the rule is...



    TGIF!

  2. #2
    Regular Member cshoff's Avatar
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    The only state statute that addresses carry in a bar is RSMO 571.107.1(7) which states:

    571.107. 1. A concealed carry endorsement issued pursuant to sections 571.101 to 571.121 or a concealed carry endorsement or permit issued by another state or political subdivision of another state shall authorize the person in whose name the permit or endorsement is issued to carry concealed firearms on or about his or her person or vehicle throughout the state. No driver's license or nondriver's license containing a concealed carry endorsement issued pursuant to sections 571.101 to 571.121 or a concealed carry endorsement or permit issued by another state or political subdivision of another state shall authorize any person to carry concealed firearms into:
    .
    .
    .
    (7) Any establishment licensed to dispense intoxicating liquor for consumption on the premises, which portion is primarily devoted to that purpose, without the consent of the owner or manager. The provisions of this subdivision shall not apply to the licensee of said establishment. The provisions of this subdivision shall not apply to any bona fide restaurant open to the general public having dining facilities for not less than fifty persons and that receives at least fifty-one percent of its gross annual income from the dining facilities by the sale of food. This subdivision does not prohibit the possession of a firearm in a vehicle on the premises of the establishment and shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. Nothing in this subdivision authorizes any individual who has been issued a concealed carry endorsement to possess any firearm while intoxicated;
    As you can see from this, there is NO prohibition on carry into a bar; open or concealed. This simply states that the state issued CCW endorsement doesn't authorize you to carry your concealed firearm into a bar. You must have the consent of the owner or manager to carry your concealed firearm in.

    Keep in mind that a private business owner has the right and the authority to restrict who can enter their premises, and with what those people may enter with, at any time and for any reason. That said, entering with your openly carried firearm in a jurisdiction where there is no local ordinance against it would not be a criminal offense.


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