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Thread: Open Carry legal in restaurants that serve alcohol?

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    Regular Member REDFIVE48's Avatar
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    Open Carry legal in restaurants that serve alcohol?

    So came across a thread in Hot Topis about writing letters to places that ask you to leave, started from this link:

    http://whatbubbaknows.info/?p=3127

    Interesting thread in the discusions on that link about how the subsection banning carry in restaurants serving alcohol is only in regards to CC because the main section the subsecton falls under is regards to CC, so writers states OC is legal.

    Anyone up for the same discussion in this NC OC thread? Have we all been disarming ourselves for no good reason?

    Sent from C-3PO (my Android) using Tapatalk Pro

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    Regular Member WalkingWolf's Avatar
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    § 14‑269.3. Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed.

    (a) It shall be unlawful for any person to carry any gun, rifle, or pistol into any assembly where a fee has been charged for admission thereto, or into any establishment in which alcoholic beverages are sold and consumed. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.


    The law clearly defines it is unlawful to carry any gun, rifle, or pistol into any business the alcoholic beverages are sold and consumed. There is no mention of concealed or open carry. I avoid restaurants that have liquor licenses, and if I do go lock up the gun and take my heavy cane in instead.

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    Well, Bubba does not know the law that's for sure. The restriction mentioned above is in the section for Offenses Against the Public Peace. It's not from the CC section. Heck, there is no mention of not CC'ing in places that serve alcohol in the scope of permit, they just reference that you are not exempt from 14-269.3. So where he gets that this is only for CC is beyond me.

    He's probably lucky he got out of there with just his dinner plans interrupted.

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by chiefjason View Post
    Well, Bubba does not know the law that's for sure. The restriction mentioned above is in the section for Offenses Against the Public Peace. It's not from the CC section. Heck, there is no mention of not CC'ing in places that serve alcohol in the scope of permit, they just reference that you are not exempt from 14-269.3. So where he gets that this is only for CC is beyond me.

    He's probably lucky he got out of there with just his dinner plans interrupted.
    It is only a misdemeanor but I am sure the handgun would be seized and loss of CCP if he possessed one. As well as a stiff fine and possible jail time.

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    Quote Originally Posted by chiefjason View Post
    Well, Bubba does not know the law that's for sure. The restriction mentioned above is in the section for Offenses Against the Public Peace. It's not from the CC section. Heck, there is no mention of not CC'ing in places that serve alcohol in the scope of permit, they just reference that you are not exempt from 14-269.3. So where he gets that this is only for CC is beyond me.

    He's probably lucky he got out of there with just his dinner plans interrupted.
    It is amazing to me that somehow the state thinks that we will go on a shooting rampage and there will be blood in the street if we are allowed to carry at Applebee's (Since guns aren't normal there now are they Mr. Tillis), yet at the same time there are groups who are exempt from this very provision.........

    It is amazing how LEO, Attorneys, and Judges are allowed provisions, but us common folk are not.

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    Regular Member papa bear's Avatar
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    i left them a linkm to this site and to http://www.grnc.org/ . and i made reference to the letter on the GRNC site from the lady that lost her husband in a restaurant attack. i made a suggestion that they send a copy to Bonefish
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

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    There may very well be something to this.

    In comparing the language of this specific (restaurant-carry) section to a sibling subheading (educational property), I notice the wording is specific to both modes of carry in the latter only.

    For some reason I'm not convinced enough to OC during my next lunch at Chili's though.

    Good luck getting anyone who matters to confirm this, or even discuss specifics for that matter.

    Last time I called the AG with a question about properly interpreting a law I was told they cannot give legal advice to citizens. They told me to ask a lawyer, wtf?! If I do and then follow his advice am I exempt from prosecution?! I kinda doubt it.
    "In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot." - Mark Twain

    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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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by Smith45acp View Post
    There may very well be something to this.

    In comparing the language of this specific (restaurant-carry) section to a sibling subheading (educational property), I notice the wording is specific to both modes of carry in the latter only.

    For some reason I'm not convinced enough to OC during my next lunch at Chili's though.

    Good luck getting anyone who matters to confirm this, or even discuss specifics for that matter.

    Last time I called the AG with a question about properly interpreting a law I was told they cannot give legal advice to citizens. They told me to ask a lawyer, wtf?! If I do and then follow his advice am I exempt from prosecution?! I kinda doubt it.
    I ask a magistrate, they seem more than willing to answer questions concerning the law. At that has been my experience.

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    Quote Originally Posted by WalkingWolf View Post
    I ask a magistrate, they seem more than willing to answer questions concerning the law. At that has been my experience.
    A friend of the family is a magistrate. She told my mom I would be arrested for OC, GATTTOTP. So it's not a sure thing.

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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by chiefjason View Post
    A friend of the family is a magistrate. She told my mom I would be arrested for OC, GATTTOTP. So it's not a sure thing.
    I would report that "magistrate" to the AG--she needs to be set straight on the legality of OC...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    Regular Member 77zach's Avatar
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    How is NC considered a gold star state when you can't go out for a dinner and a movie and be able to defend yourself effectively? As a bonus, signage has force of law. Going on a hike in a state/national forest? Tough ****, go defenseless or not at all. Fl is a red state but doesn't seem that bad next to this crap.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by 77zach View Post
    How is NC considered a gold star state when you can't go out for a dinner and a movie and be able to defend yourself effectively? As a bonus, signage has force of law. Going on a hike in a state/national forest? Tough ****, go defenseless or not at all. Fl is a red state but doesn't seem that bad next to this crap.
    Every state has there quirks, some more, some less. I lived in Florida for a good number of years and spent most of the time in t-shirts and shorts. There was no way to conceal a handgun, at least one capable of being worth a damn. I am not often in parks, there is so many places in NC that are not parks. As for dinner there are many non alcohol restaurants, I can't stand franchised restaurants anyway. Movies watch them at home, haven't been to a theater in years and has nothing to do with 2A.

    Not to say that I am happy about the restrictions, but with a little common sense I can go and do most places in NC armed without wearing hot sloppy clothes to hide a firearm. I also do not have to go through rituals in and out of the vehicle. If I am uncomfortable wearing a firearm, I'm not going to wear it. Was the same way when I was a LEO, most times off duty I was unarmed. Regulations required being armed and concealed, I ignored both.

    Hopefully the SCOTUS continues it's path to return our rights throughout all 50 states, I don't care about the other 7 states(yuk yuk). I personally do not believe it is constitutional for the state to make restrictions on private property, that is up to the property owner. But until a court case clears the air we are stuck with some restrictions.

  13. #13
    Regular Member 77zach's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    Every state has there quirks, some more, some less.

    True enough. The signage thing really scares me though. I have no problem with a property owner making his own stupid policy. I imagine not many places post, but still.....
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    Quote Originally Posted by Dreamer View Post
    I would report that "magistrate" to the AG--she needs to be set straight on the legality of OC...
    I sent word back through my mom with specifics. Then the Chief put out a memo telling the officers that they were not allowed to detain someone for simply OC'ing. From what I've seen people charged with, a lot of them are a bit sketchy on the details if you know what I mean.

    Quote Originally Posted by 77zach View Post
    True enough. The signage thing really scares me though. I have no problem with a property owner making his own stupid policy. I imagine not many places post, but still.....
    Signage is pretty much a non issue in this part of the state. The exception being a few large national chains and those places off limits by law. As for the National Forests, or more accurately Gamelands for NC, that issue is being batted around as we speak by the NCWRC. They are planning on putting a new policy up for public comment starting in the next couple weeks. Currently it is .22 pistol only outside of a regular hunting season. The policy I saw was to exempt CCP holders during non hunting seasons. I wrote them concerning OC and received a response that makes me feel their legal council is looking at OC and the Constitutional basis for it. Hopefully it will work out well for all carriers in the state.

    But yeah, some of the quirks are really obnoxious.

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