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OC in resturant serving alcohol

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seaweaver1

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With permission is no problem right?
(sorry if already covered)
§ 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.

(b) This section shall not apply to the following:

(1) A person exempted from the provisions of G.S. 14‑269;

(2) The owner or lessee of the premises or business establishment;

(3) A person participating in the event, if he is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization sponsoring the event; and

(4) A person registered or hired as a security guard by the owner, lessee, or person or organization sponsoring the event. (1977, c. 1016, s. 1; 1981, c. 412, s. 4, c. 747, s. 66; 1993, c. 539, s. 165; 1994, Ex. Sess., c. 24, s. 14(c).)
 
WalkingWolf

WalkingWolf

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seaweaver1 said:
With permission is no problem right?
(sorry if already covered)
§ 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.

(b) This section shall not apply to the following:

(1) A person exempted from the provisions of G.S. 14‑269;

(2) The owner or lessee of the premises or business establishment;

(3) A person participating in the event, if he is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization sponsoring the event; and

(4) A person registered or hired as a security guard by the owner, lessee, or person or organization sponsoring the event. (1977, c. 1016, s. 1; 1981, c. 412, s. 4, c. 747, s. 66; 1993, c. 539, s. 165; 1994, Ex. Sess., c. 24, s. 14(c).)
Click to expand...

Note the "participating in the event".
 
S

seaweaver1

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It is an Open Carry...event...???(sorry...left that out)

cw
 
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S

seaweaver1

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I'm waiting to hear back from the guys at NCGR.

The restaurant owner is very adamant that we come.

Seems this is allowing the owner some latitude to what happens on his property.

cw
 
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WalkingWolf

WalkingWolf

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seaweaver1 said:
I'm waiting to hear back from the guys at NCGR.

The restaurant owner is very adamant that we come.

Seems this is allowing the owner some latitude to what happens on his property.

cw
Click to expand...

If it was not for that event part of the statute, any restaurant that does not post a gun buster sign is giving permission. It ultimately should be the choice of the property owner. Both the OCer and the property owners rights are being infringed.

COMMENTS REMOVED BY ADMINISTRATOR: Bashing other gun rights groups
 
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S

seaweaver1

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PV is anti OC? good to know. I sent the message to the lawyers...perhaps...
humm...he should sign up for the webinar!

Let me see if I can get an opinion from Newby or our Sheriff to be.
(I'm not signing a permission slip.)
cw
 
carolina guy

carolina guy

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seaweaver1 said:
I'm waiting to hear back from the guys at NCGR.

The restaurant owner is very adamant that we come.

Seems this is allowing the owner some latitude to what happens on his property.

cw
Click to expand...

Perhaps the owner of the restaurant should consider suspending alcohol sales during the OC event?? :)
 
S

seaweaver1

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My lawyer friend in savannah concurs w/ my reading. That's 99% of the game...understanding the subtleties of the language of the law.
cw
 
ncwabbit

ncwabbit

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rural religious usa
seaweaver1 said:
My lawyer friend in savannah concurs w/ my reading. That's 99% of the game...understanding the subtleties of the language of the law.
cw
Click to expand...

oh ya, now i shall take that advice to the bank...

did your attorney miss the small print of 14-415.11(c2): quote It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in the person's body any alcohol or in the person's blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person's blood was lawfully obtained and taken in therapeutically appropriate amounts or if the person is on the person's own property.

wabbit
 
J

jrj_51

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Michigan
ncwabbit said:
oh ya, now i shall take that advice to the bank...

did your attorney miss the small print of 14-415.11(c2): quote It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in the person's body any alcohol or in the person's blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person's blood was lawfully obtained and taken in therapeutically appropriate amounts or if the person is on the person's own property.

wabbit
Click to expand...

And if it's an open carry event, "theyz aint concealing, neither."
 
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trooper46

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Slightly off topic, but the way I read this, it appears I can drink and carry on my own property, correct?
 
carolina guy

carolina guy

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WalkingWolf said:
Sounds like it would be legal, but you should read my signature line.
Click to expand...

I would go further and have something PRINTED announcing the event, and then get WRITTEN permission of the owner for each of the OCers. Although, I suppose blanket permission of the owner for all OCers would work too...if he wanted to enhance his business, he could have a regular OC event and give a discount for each armed participant. ;)
 
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WalkingWolf

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carolina guy said:
I would go further and have something PRINTED announcing the event, and then get WRITTEN permission of the owner for each of the OCers. Although, I suppose blanket permission of the owner for all OCers would work too...if he wanted to enhance his business, he could have a regular OC event and give a discount for each armed participant. ;)
Click to expand...

He could file a court case also that his rights to decide who he sells to is being infringed. And maybe the whole law can be trashed the right way. Seems with a pro gun property owner and the customers there would be chance of properly getting rid of this stupid law.
 
carolina guy

carolina guy

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WalkingWolf said:
He could file a court case also that his rights to decide who he sells to is being infringed. And maybe the whole law can be trashed the right way. Seems with a pro gun property owner and the customers there would be chance of properly getting rid of this stupid law.
Click to expand...

He might need a team of lawyers...a publicist and even a hair dresser to pull it off. ;)

Or...he could just give "permission" for all the OCers to sit, eat, drink and enjoy!
 
WalkingWolf

WalkingWolf

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carolina guy said:
He might need a team of lawyers...a publicist and even a hair dresser to pull it off. ;)

Or...he could just give "permission" for all the OCers to sit, eat, drink and enjoy!
Click to expand...

He can only give permission for an event, unless he hires everybody as security. I suspect that if he was to do this on a daily basis, he might start having problems with the local ABC board. This really needs to be challenged in court, and from both sides of the spectrum. The property owner and the patron.
 
carolina guy

carolina guy

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WalkingWolf said:
He can only give permission for an event, unless he hires everybody as security. I suspect that if he was to do this on a daily basis, he might start having problems with the local ABC board. This really needs to be challenged in court, and from both sides of the spectrum. The property owner and the patron.
Click to expand...

That's why I would start with something like "Firearm Friday's" or something like that...and then go for a "Firearms Week" every other week...or a "Firearms Month"...or a "Year of the Firearm" . I think as long as he defines it somewhat...what "business" is it of the ABC board?
 
WalkingWolf

WalkingWolf

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carolina guy said:
That's why I would start with something like "Firearm Friday's" or something like that...and then go for a "Firearms Week" every other week...or a "Firearms Month"...or a "Year of the Firearm" . I think as long as he defines it somewhat...what "business" is it of the ABC board?
Click to expand...

It would depend if the ABC board is anti. Not sure what reasons they can hold a license hostage.
 
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