Dreamer
Regular Member
imported post
A recent post reminded me of this wuestion I've been meaning to ask. I can't seem to find any statutes or case law on this one, and wondered how YOU folks would interpret this situation...
I know you can't carry in ANY mode in NC inside an establishment that sells alcohol for consumption on premise. That rules out bars and a lot of restaurants.
I also know that is perfectly legal to carry in grocery stores that sell beer or wine.
The way I read the statute, the prohibition on carrying is dependent on the SELLING for consumption on premise. Wine shops don't charge for sample tastings, and they are not intended for (or LICENSED for) selling for consumption on premise like a bar or restaurant.
I get the feeling this one is going to require a call to the AG...:banghead:
A recent post reminded me of this wuestion I've been meaning to ask. I can't seem to find any statutes or case law on this one, and wondered how YOU folks would interpret this situation...
I know you can't carry in ANY mode in NC inside an establishment that sells alcohol for consumption on premise. That rules out bars and a lot of restaurants.
I also know that is perfectly legal to carry in grocery stores that sell beer or wine.
North Carolina General Statutes § 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:
But what about "specialty" shops that sell wine and beer? Most of these "specialty" shops often have "tastings" and although they are not selling the wine, they are offering it for cinsumption on-premise. If I am carrying and go into a gourmet wine and beer shop and they are having a "tasting", but I don't partake, is it legal for me to be there with a firearm, since they are not "selling" the product, but giving it away free?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).)
(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).)
The way I read the statute, the prohibition on carrying is dependent on the SELLING for consumption on premise. Wine shops don't charge for sample tastings, and they are not intended for (or LICENSED for) selling for consumption on premise like a bar or restaurant.
I get the feeling this one is going to require a call to the AG...:banghead: