PracticalTactical
Regular Member
http://www.practicaltacticaltraining.com/2011/04/a-clarification-on-liquor-establishments/
At this last weekend’s gun show, I had a gentleman come up asking me about the law concerning liquor establishments and firearms. I explained that any licensed liquor establishment (including places like Wal-Mart and Pic-Quik) are off limits without a concealed handgun license (and even then, there are limits on which places a licensee can carry).
“Actually,” he says, “In the law it says only places licensed to dispense are off limits.”
He then told me of some of his adventures open carrying in Albertson’s, Toucan Market and Wal-Mart. He has been escorted out of the stores several times by police, but not arrested for it. Supposedly the police stopped escorting him out when he explained his interpretation of the law that he had printed out and with him.
His argument rests on defining ‘dispense’ as selling alcohol for consumption on premises. I told him I highly doubt a judge would interpret it that way, and more importantly I don’t feel like being a test case for a fourth degree felony. He wasn’t hearing any of it.
So I did some digging and found this:
So, in the Liquor Control Act, a dispenser is defined as both a seller for consumption on the premises and a seller for off-premises consumption. Wal-Mart, Sam’s Club, Albertson’s, Pic-Quik–all of them are included in 30-7-3, and are therefore off limits to unlicensed or open carry.
I’ve also had several people try and tell me that ‘premises’ means only the aisle where the beer is, or the area of a restaurant where the bar is…
No go. Don’t try it unless you are looking for a felony charge.
Eventually my new friend from the gun show is going to run out of luck and get arrested for and convicted of a felony. He’s going to lose his guns and the right to own or buy a gun for life unless he’s extremely lucky and finds a governor willing to pardon him later.
At this last weekend’s gun show, I had a gentleman come up asking me about the law concerning liquor establishments and firearms. I explained that any licensed liquor establishment (including places like Wal-Mart and Pic-Quik) are off limits without a concealed handgun license (and even then, there are limits on which places a licensee can carry).
“Actually,” he says, “In the law it says only places licensed to dispense are off limits.”
He then told me of some of his adventures open carrying in Albertson’s, Toucan Market and Wal-Mart. He has been escorted out of the stores several times by police, but not arrested for it. Supposedly the police stopped escorting him out when he explained his interpretation of the law that he had printed out and with him.
NMSA 1978 30-7-3: Unlawful carrying of a firearm in an establishment licensed to dispense alcoholic beverages consists of carrying a loaded or unloaded firearm on any premises licensed by the regulation and licensing department for the dispensing of alcoholic beverages…
His argument rests on defining ‘dispense’ as selling alcohol for consumption on premises. I told him I highly doubt a judge would interpret it that way, and more importantly I don’t feel like being a test case for a fourth degree felony. He wasn’t hearing any of it.
So I did some digging and found this:
NMSA 1978 60-3A-3(H): “dispenser” means a person licensed under the provisions of the Liquor Control Act selling, offering for sale or having in the person’s possession with the intent to sell alcoholic beverages both by the drink for consumption on the licensed premises and in unbroken packages for consumption and not for resale off the licensed premises
So, in the Liquor Control Act, a dispenser is defined as both a seller for consumption on the premises and a seller for off-premises consumption. Wal-Mart, Sam’s Club, Albertson’s, Pic-Quik–all of them are included in 30-7-3, and are therefore off limits to unlicensed or open carry.
I’ve also had several people try and tell me that ‘premises’ means only the aisle where the beer is, or the area of a restaurant where the bar is…
NMSA 1978 60-3A-3(M): “licensed premises” means the contiguous areas or areas connected by indoor passageways of a structure and the outside dining, recreation and lounge areas of the structure and the grounds and vineyards of a structure that is a winery that are under the direct control of the licensee and from which the licensee is authorized to sell, serve or allow the consumption of alcoholic beverages under the provisions of its license; provided that in the case of a restaurant … “licensed premises” includes all public and private rooms, facilities and areas in which alcoholic beverages are sold or served in the customary operating procedures of the restaurant, hotel, golf course or racetrack;
No go. Don’t try it unless you are looking for a felony charge.
Eventually my new friend from the gun show is going to run out of luck and get arrested for and convicted of a felony. He’s going to lose his guns and the right to own or buy a gun for life unless he’s extremely lucky and finds a governor willing to pardon him later.