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Hey guys need quick answer sorry for asking so late

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Ruderpinne

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Leaving for KY tomorrow to visit our new house (I am not moving yet sadly) I do have a CCW in VA.

We have to OC here in places that serve alcohol is it the same there? I am guessing so googled but didnt find anything.


Anything I should know about off the top of your head?

I wont be OC'ing just CCWing for now.

Thanks guys!
 
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langzaiguy

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You cannot carry in "parts" of establishments that serve alcohol by the drink. Example: You can carry at Applebee's if you stay out of the bar area.

Google KRS 244.125
 
hotrod

hotrod

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langzaiguy wrote:
You cannot carry in "parts" of establishments that serve alcohol by the drink. Example: You can carry at Applebee's if you stay out of the bar area.

Google KRS 244.125
Click to expand...
I hate to kick the sleeping dog, beat a dead horse, but I disagree with your interpretation of the law. We had a long and very good discussion on this subject in a previous post. I believe if the restaurant gains more than 50% of its income from food sales then carry is allowed anywhere in the restaurant. Applebys, as an example, serves food in the bar area.
 
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langzaiguy

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Where I'm coming from:
1) Except as provided in subsection (3) of this section, no person shall be in possession of a loaded, as defined in KRS 237.060, firearm while actually within the room where alcoholic beverages are being sold by the drink of a building on premises licensed to sell distilled spirits and wine at retail by the drink for consumption on the licensed premises pursuant to KRS Chapter 243.

Where Hotrod is coming from:
3) This section shall not apply to a bona fide restaurant open to the general public having dining facilities for not less than fifty (50) persons and which receives at least fifty percent (50%) of its gross annual income from the dining facilities by the sale of food.

Hotrod does seem to be correct in his assessment. Don't know if I would risk it, personally.
 
hotrod

hotrod

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langzaiguy wrote:
Where I'm coming from:
1) Except as provided in subsection (3) of this section, no person shall be in possession of a loaded, as defined in KRS 237.060, firearm while actually within the room where alcoholic beverages are being sold by the drink of a building on premises licensed to sell distilled spirits and wine at retail by the drink for consumption on the licensed premises pursuant to KRS Chapter 243.

Where Hotrod is coming from:
3) This section shall not apply to a bona fide restaurant open to the general public having dining facilities for not less than fifty (50) persons and which receives at least fifty percent (50%) of its gross annual income from the dining facilities by the sale of food.

Hotrod does seem to be correct in his assessment. Don't know if I would risk it, personally.
Click to expand...
Thanks. An exact interpretation of my assessment. Just don't drink! And if I'm correct, you risked it at the Scott County Courthouse, now didn't you?
 
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langzaiguy

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@hotrod: Yeah, that was me. Though there was some risk involved, I know I was 100% within the law. On this bar issue, it may seem somewhat clear to us, but I see this as more of a risk.
 
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rschwalbe

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It was explained to me in my CCW class just recently that that law pertains to strictly Bars and not restaurants that serve alcohol. If your VA CCW has reciprocity in KY then just conceal in restaurants.
 
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chris in va

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It was explained to me in my CCW class just recently that that law pertains to strictly Bars and not restaurants that serve alcohol.
Click to expand...

Unfortunately that's incorrect. Also applies to restaurants that have a separate 'bar' section like Chili's.
 
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jihadthis

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So my question would be, how does one determine whether the restaurant derives 50 percent or more from food? I have yet to see one that actually post this.

I myself will continue to CC where OC is questionable until otherwise enlightened by the courts. And OC everywhere else! At least whenever I am in KY. Unfortunately I am currently stationed in Texas so must CC everywhere :cuss:
 
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Brian D.

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jihadthis wrote:
So my question would be, how does one determine whether the restaurant derives 50 percent or more from food? I have yet to see one that actually post this.
Click to expand...

No real way to know in Kentucky--unless you see the books, which most proprietors would be hesitant to show you--rightly so, of course.

Personally I've always believed the Kentucky legislature left that gray area in the law to protect thegun owning/toting citizenry who elected them.
 
hotrod

hotrod

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I have looked at all convictions of violations of this law and can not find a conviction that was not directly related to a shooting incident. If they don't serve food, you shouldn't carry if they sell alcohol by the drink. I still have the belief that you are exempt if you are at a establishment that derives 50% or more from food, you may sit anywhere. I wouldn't drink
 
hotrod

hotrod

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gutshot wrote:
langzaiguy wrote:
@hotrod: Yeah, that was me. Though there was some risk involved, I know I was 100% within the law. On this bar issue, it may seem somewhat clear to us, but I see this as more of a risk.
Click to expand...

If we have trouble keeping it straight, writing and arguing about this very narrow subject everyday, imagine the confusion to a LEO who gets training once every year or so covering all of KY law.
Click to expand...
I agree. It is very hard for a LEO to understand the nuances of every law, but, theyshould notautomatically think about detaining, arresting or even approaching you until they do know if they are correct. I was stopped several months ago for a vehicle violation, my registration and insurance were in my glove box with my .357. I told theofficer first. He started with telling me its illegal to carry without a CDWL. I have one, refused to let him see it, because it's not illegal. It ended with him telling me good bye, without a ticket. If you don't know the law, don't pretend you do. Makes you look unprofessional.
 
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