Kromey
Regular Member
imported post
If I'm reading the statutes correctly (IANAL), then OCDO needs to update their state info for Alaska.
Sec. 11.61.220. Misconduct involving weapons in the fifth degree.
If I'm reading this correctly, then OCDO's state info is very wrong, and someone following it could find themselves guilty of a class B misdemeanor. Anyone have anything they can add to this? Maybe point me to something I've missed that corrects my misconception?
If I don't have this wrong, let's get a letter campaign going to our state legislators (yeah, I know, session's ended, but it's not too early to begin lobbying for changes we want to see under the next session!) to get open carry in restaurants permitted -- all it would take would be a repeal of (d)(1)(B) of this section, or else simply striking the word "concealed" (and the reference to the definition of a concealed handgun) from it to keep only handguns permitted.
If I'm reading the statutes correctly (IANAL), then OCDO needs to update their state info for Alaska.
Sec. 11.61.220. Misconduct involving weapons in the fifth degree.
Now, (d)(1) of this section does provide an "affirmative defense" for restaurant carry, but specifically for concealed carry. I can find no provision that allows open carry in a restaurant where alcohol is served, however the state info for Alaska here on this site implies that open carry is permitted so long as the carrier does not drink.(a) A person commits the crime of misconduct involving weapons in the fifth degree if the person
...
(2) knowingly possesses a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises;
If I'm reading this correctly, then OCDO's state info is very wrong, and someone following it could find themselves guilty of a class B misdemeanor. Anyone have anything they can add to this? Maybe point me to something I've missed that corrects my misconception?
If I don't have this wrong, let's get a letter campaign going to our state legislators (yeah, I know, session's ended, but it's not too early to begin lobbying for changes we want to see under the next session!) to get open carry in restaurants permitted -- all it would take would be a repeal of (d)(1)(B) of this section, or else simply striking the word "concealed" (and the reference to the definition of a concealed handgun) from it to keep only handguns permitted.