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Thread: NC Resturaunt and Park Carry Bill Filed!!!

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    NC Resturaunt and Park Carry Bill Filed!!!

    http://www.ncleg.net/Sessions/2011/B...ML/H111v0.html

    A BILL TO BE ENTITLED

    AN ACT to allow persons with concealed handgun permits to protect themselves and their families in restaurants and to allow a concealed handgun permitee to carry a HANDGUN in a park.

    The General Assembly of North Carolina enacts:

    SECTION 1. G.S. 14‑269.3(b) is amended by adding a new subdivision to read:

    "(5) A person on the premises of an establishment that is a restaurant under G.S. 18B‑1000(2) or G.S. 18B‑1000(6), provided the person has a valid concealed handgun permit under Article 54B of Chapter 14 of the General Statutes."

    SECTION 2. G.S. 14‑415.23 reads as rewritten:

    " 14‑415.23. Statewide uniformity.

    It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun. A unit of local government may adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun, in accordance with G.S. 14‑415.11(c), on local government buildings, their appurtenant premises, and parks.buildings and their appurtenant premises."

    SECTION 3. This act becomes effective December 1, 2011.

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    You a sneaky one! hehe Nice to see isn't it. Before anyone asks, yes it does appear to only apply to CC.

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    Regular Member sultan62's Avatar
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    This would be an odd step to take. It would create the first place in NC that a CHP holder could carry that a non-CHP holder could not due to state law. Why is this not just a straight repeal of 14‑269.3? As is, this will allow CHP holders to carry into restaurants, but still not places admission is charged such as theaters. Let's do it right and just repeal the statute.
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    Quote Originally Posted by sultan62 View Post
    This would be an odd step to take. It would create the first place in NC that a CHP holder could carry that a non-CHP holder could not due to state law. Why is this not just a straight repeal of 14‑269.3? As is, this will allow CHP holders to carry into restaurants, but still not places admission is charged such as theaters. Let's do it right and just repeal the statute.
    No way I would argue with that. I'm wondering if they are splitting them up and working on ones that have more support. Incrementalism works both ways. If they have the votes to pass this but not admission, then by all means pass what you can. I'm just guessing here. I would prefer that it apply to both OC and CC, particularly since OC is the constitutional right. At least it's a step in a better direction.

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    Quote Originally Posted by sultan62 View Post
    This would be an odd step to take. It would create the first place in NC that a CHP holder could carry that a non-CHP holder could not due to state law. Why is this not just a straight repeal of 14‑269.3? As is, this will allow CHP holders to carry into restaurants, but still not places admission is charged such as theaters. Let's do it right and just repeal the statute.
    #1 I can bet you good money that the restaurant association would go nuts if it were a straight repeal.

    #2 by my reading this would also apply to open carry so long as you have a CHP. There is nothing that says that you would have to actually conceal the gun just that you have to have a CHP to carry into restaurants.

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    Quote Originally Posted by mekender View Post
    #1 I can bet you good money that the restaurant association would go nuts if it were a straight repeal.

    #2 by my reading this would also apply to open carry so long as you have a CHP. There is nothing that says that you would have to actually conceal the gun just that you have to have a CHP to carry into restaurants.
    I read it the same way. I still believe that the worst thing about this is that it creates location where CHP holders can carry-effectively making carry at all a privilege in this instance.
    "They don't give a damn about any trumpet playing band
    It ain't what they call rock and roll
    And the Sultans...
    Yeah the Sultans, they play Creole"

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    Quote Originally Posted by sultan62 View Post
    I read it the same way. I still believe that the worst thing about this is that it creates location where CHP holders can carry-effectively making carry at all a privilege in this instance.
    I dont know if they could get it passed without it though. The NC restaurant association is already going to go ape **** over this.

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    Regular Member sultan62's Avatar
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    If they do we need to get with GRNC to put together a petition or something to send out to restaurants warning that we will cease to eat there if they oppose this. As it currently stands, I still eat at those places because it is a law over which they have no control. However, if they actively oppose it, I will refuse to give one red cent in the future.
    "They don't give a damn about any trumpet playing band
    It ain't what they call rock and roll
    And the Sultans...
    Yeah the Sultans, they play Creole"

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    Quote Originally Posted by sultan62 View Post
    If they do we need to get with GRNC to put together a petition or something to send out to restaurants warning that we will cease to eat there if they oppose this. As it currently stands, I still eat at those places because it is a law over which they have no control. However, if they actively oppose it, I will refuse to give one red cent in the future.
    I agree but it will be the NC restaurant association that does the opposition not the individual restaurants. So we would have to boycott most places to eat as I am sure that their membership is huge.

    This is what happened in TN when the law was passed there.

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    Quote Originally Posted by mekender View Post
    #2 by my reading this would also apply to open carry so long as you have a CHP. There is nothing that says that you would have to actually conceal the gun just that you have to have a CHP to carry into restaurants.
    I missed this obvious interpretation when I first read it. There is another slightly less obvious interpretation to this that I will not share on a public forum unless this passes as written. PM me and I'll share.

    SECTION 3. This act becomes effective December 1, 2011.
    I'm a layman when it comes to legislative proceedings. This is still pursuant to a passing vote correct?
    Last edited by Smith45acp; 02-16-2011 at 01:52 AM.
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    I don't bother with pragmatic statistics while discussing my constitutional rights. The issue is far less complex, to me. Free men should be able to act like free men.

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    Quote Originally Posted by Smith45acp View Post
    I'm a layman when it comes to legislative proceedings. This is still pursuant to a passing vote correct?

    Yes. And it's subject to change in committee. They can write it to take effect immediately upon the Governor signing it.

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    Quote Originally Posted by mekender View Post
    #1 I can bet you good money that the restaurant association would go nuts if it were a straight repeal.

    #2 by my reading this would also apply to open carry so long as you have a CHP. There is nothing that says that you would have to actually conceal the gun just that you have to have a CHP to carry into restaurants.
    1. Restaurants, like any other businesses, can opt to make it their policy not to allow guns in their establishments. They could post signs like anyone else. The law would not force them to allow gun owners to carry in their businesses, it would simply make it legal for CHP holders to do so if it was not against the restaurant's policy.

    2. My contention with this bill resides in this fact. It would, if passed as written, apply only to CHP holders. While it does not say that guns would have to be concealed, it will only make it legal to carry in parks and restaurants if you happened to have gone through the hoops of attaining a CHP.

    This, in effect, leaves non-CHP holders in the dust and legally tells non-CHP holders that they may not legally protect themselves or their families in parks and restaurants like CHP holders can. It's inherently wrong in that regard, and needs to be changed to reflect all gun owners/ carriers, not just CHP holders.

    Other than that, it's a step in the right direction, even though it's not a full repeal. It just needs to be changed to include all gun carriers.

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    Quote Originally Posted by rotorhead View Post
    1. Restaurants, like any other businesses, can opt to make it their policy not to allow guns in their establishments. They could post signs like anyone else. The law would not force them to allow gun owners to carry in their businesses, it would simply make it legal for CHP holders to do so if it was not against the restaurant's policy.
    One thing I learned from watching this fight in TN over the last 2 years was that the vast majority of restaurants that beat their drums in opposition to the law ended up not putting up signs once the law was in place. They will hem and haw to the legislature but they dont normally have the balls to piss off their potential customers.

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    Yupper. When it comes right down to it, they'll cater to the majority of the customers, whatever that majority might entail.

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    NC Resturaunt and Park Carry Bill Filed!!!

    The language in this bill does not mention key words such as restaurants that serve alcohol & no mention of places that charge admission & the list goes on to infringe our 2nd amendment rights...If i am wrong correct me please..

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    Quote Originally Posted by SPRINGFIELD_45_ACP View Post
    The language in this bill does not mention key words such as restaurants that serve alcohol & no mention of places that charge admission & the list goes on to infringe our 2nd amendment rights...If i am wrong correct me please..
    NCGS referenced for exemption

    18B-1000(2)
    (2) Eating establishment. An establishment engaged in the business of regularly and customarily selling food, primarily to be eaten on the premises. Eating establishments shall include businesses that are referred to as restaurants, cafeterias, or cafes, but that do not qualify under subdivision (6). Eating establishments shall also include lunchstands, grills, snack bars, fast‑food businesses, and other establishments, such as drugstores, which have a lunch counter or other section where food is sold to be eaten on the premises.


    18B-1000(6)

    (6) Restaurant. An establishment substantially engaged in the business of preparing and serving meals. To qualify as a restaurant, an establishment's gross receipts from food and nonalcoholic beverages shall be not less than thirty percent (30%) of the total gross receipts from food, nonalcoholic beverages, and alcoholic beverages. A restaurant shall also have a kitchen and an inside dining area with seating for at least 36 people.

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    Regular Member sultan62's Avatar
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    Quote Originally Posted by SPRINGFIELD_45_ACP View Post
    The language in this bill does not mention key words such as restaurants that serve alcohol & no mention of places that charge admission & the list goes on to infringe our 2nd amendment rights...If i am wrong correct me please..
    It makes an additional exception for CHP holders in restaurants defined by 18B‑1000. It does effectively allow CHP holders to carry into more restaurants, but leaves very much to be desired.
    "They don't give a damn about any trumpet playing band
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    And the Sultans...
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    alot of the talk about needing a CHP, probably is do to the fact that most people still dont know that you dont need a permit to carry open, plus it gives the sheeple a warm fuzzy that the carriers are "trained" .

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    REPEAL North Carolina General Statute 14-269.3 AND 14-277.2!

    ALLOW Open Carry in Local Buildings AND Parks, BUT Retain North Carolina General Statute 14-269.4.

    Piece-Meal Legisaltion is what Wins The Race..., All or Nothing Legislation does NOT.
    Last edited by aadvark; 02-16-2011 at 03:51 PM.

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    I'd love to see a statute that required anywhere the state disallows guns (such as courthouses) to require some form of (free) weapons check. If they aren't going to let us carry in there, we should be able to store our weapons so we don't have to leave them at home or in our cars when we go to the courthouse.
    "They don't give a damn about any trumpet playing band
    It ain't what they call rock and roll
    And the Sultans...
    Yeah the Sultans, they play Creole"

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    If i understand this, this is just an amendment, or an add on to current law. so this law says that i can now carry into all restaurants, but there is still law that prohibits me from carrying into places that serves booze by the drink, like most restaurants.... sooo I'm confused?

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    Regular Member sultan62's Avatar
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    Basically, if it passes as is, CHP holders will be able to carry into any restaurant which receives at least 30% of its revenue from all food and drinks from food and nonalcoholic rinks.

    As in, if all food and drinks amounts to revenue of $100, then at least $30 would have to be from food and nonalcoholic drinks.
    "They don't give a damn about any trumpet playing band
    It ain't what they call rock and roll
    And the Sultans...
    Yeah the Sultans, they play Creole"

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    Quote Originally Posted by aosailor View Post
    If i understand this, this is just an amendment, or an add on to current law. so this law says that i can now carry into all restaurants, but there is still law that prohibits me from carrying into places that serves booze by the drink, like most restaurants.... sooo I'm confused?
    No this is an amendment to current law that adds an exception for CHP holders so that they can carry in restaurants that serve alcohol.

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    Quote Originally Posted by sultan62 View Post
    I'd love to see a statute that required anywhere the state disallows guns (such as courthouses) to require some form of (free) weapons check. If they aren't going to let us carry in there, we should be able to store our weapons so we don't have to leave them at home or in our cars when we go to the courthouse.
    +10 on that.
    What part of "shall not be infringed" do *they* not understand?

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    FYI, this is for city/county parks only. Just got this clarification from my Rep in the House.

    "Jason, Yes, its for city and county parks. Mitch"

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