Concealed Carry in a bar?

State and national practical & political discussions on legal open, concealed and vehicle carry.
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HawaiiMark
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Concealed Carry in a bar?

Post by HawaiiMark » Thu Dec 22, 2016 9:07 am

I am new to the forum and am currently in the process of moving to Tampa for my wife's job. I got myself a Florida concealed carry years ago, anyways I have been looking at the laws around carrying and I am shocked that you cannot conceal carry in a bar or bar area of a restaurant. Given that the worst terrorist attack since 911 happened in a nightclub in Florida, I am surprised that there seems to be no effort to extend conceal carry to cover bars. Imagine how different that attack may have been if a handful of people in that bar had a handgun.

The burden should be on us to moderate or stay sober, but an outright ban is ridiculous. My wife and I love to eat at the bar vs. sitting down in the restaurant so that creates a real inconvenience for us.

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sleepyhead
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Re: Concealed Carry in a bar?

Post by sleepyhead » Thu Dec 22, 2016 10:01 am

Welcome Mark.

I agree completely. Some states do allow concealed carry in bars, like my home state of TN, but it is still illegal there for anyone to possess a handgun while under the influence of alcohol or any other controlled substance. To me, that makes much more sense than the Florida law.

HawaiiMark
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Re: Concealed Carry in a bar?

Post by HawaiiMark » Thu Dec 22, 2016 10:06 am

And yet I can sit at a table next to the bar and order a beer and burger and still in compliance with the law. It is legal to drink and carry and this is where it gets interesting. It is illegal to touch or use use handgun however if you are intoxicated you may use it to defend yourself and it is okay again, however I believe some of the protections that you would have for wounding a bystander would be forfeit.

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Re: Concealed Carry in a bar?

Post by czharry » Thu Dec 22, 2016 11:13 am

I guess someone thought that a drunk's decision-making abilities may be impaired.
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Rentprop1
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Re: Concealed Carry in a bar?

Post by Rentprop1 » Thu Dec 22, 2016 4:03 pm

czharry wrote:I guess someone thought that a drunk's decision-making abilities may be impaired.
probably the # 1 reason
In the days of the old west a 6 shooter was as common as cell phones are today and just annoying if they go off in a theater.

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Re: Concealed Carry in a bar?

Post by dieselbeef » Fri Dec 23, 2016 8:33 am

I thought it was if more than 50% of the business was primarily sale of alcohol. olive garden sells alcohol but is primarily food. the local tavern is the opposite. legal in olive garden but not in the tavern is how I understood it.
f/;k that id rather be wrong than dead..ill take my chances being illegal
im the other gary...

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HawaiiMark
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Re: Concealed Carry in a bar?

Post by HawaiiMark » Fri Dec 23, 2016 8:36 am

dieselbeef wrote:I thought it was if more than 50% of the business was primarily sale of alcohol. olive garden sells alcohol but is primarily food. the local tavern is the opposite. legal in olive garden but not in the tavern is how I understood it.
f/;k that id rather be wrong than dead..ill take my chances being illegal
My read on the law is that it not the percentage of alcohol of the entire establishment, can be broken down by area, so if the bar at the establishment servers primarily alcohol then it is a no-go.

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Re: Concealed Carry in a bar?

Post by N4KVE » Fri Dec 23, 2016 11:12 am

dieselbeef wrote:I thought it was if more than 50% of the business was primarily sale of alcohol. olive garden sells alcohol but is primarily food. the local tavern is the opposite. legal in olive garden but not in the tavern is how I understood it.
This is how I understood it. Sometimes at Smokey Bones there's a 30 minute wait for a table, but no wait at the bar. So my wife & I sit at the bar & order ribs w/o any alcohol. GARY

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Skeezix
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Re: Concealed Carry in a bar?

Post by Skeezix » Fri Dec 23, 2016 12:47 pm

If you are in the bar area of a restaurant you are breaking the law.
Whether you are drinking or not is irrelevant.
You can sit in the dining area and have a drink and be legal.

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Re: Concealed Carry in a bar?

Post by P5 guy » Sat Dec 24, 2016 8:04 am

Skeezix wrote:If you are in the bar area of a restaurant you are breaking the law.
Whether you are drinking or not is irrelevant.
You can sit in the dining area and have a drink and be legal.
Government logic, gotta love it. [smilie=011.gif]
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Re: Concealed Carry in a bar?

Post by John K » Sun Dec 25, 2016 12:00 am

P5 guy wrote:
Skeezix wrote:If you are in the bar area of a restaurant you are breaking the law.
Whether you are drinking or not is irrelevant.
You can sit in the dining area and have a drink and be legal.
Government logic, gotta love it. [smilie=011.gif]
http://www.leg.state.fl.us/statutes/ind ... 0.151.html

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

View Entire Chapter
790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.—
(1) As used in ss. 790.151-790.157, to “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
(2) For the purposes of this section, “readily accessible for immediate discharge” means loaded and in a person’s hand.
(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(5) This section does not apply to persons exercising lawful self-defense or defense of one’s property.

http://www.leg.state.fl.us/statutes/ind ... 0.157.html

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

View Entire Chapter
790.157 Presumption of impairment; testing methods.—
(1) It is unlawful and punishable as provided in s. 790.151 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(2) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while using a firearm while under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties were impaired or to the extent that the person was deprived of full possession of his or her normal faculties, the results of any test administered in accordance with s. 790.153 or s. 790.155 and this section shall be admissible into evidence when otherwise admissible, and the amount of alcohol in the person’s blood at the time alleged, as shown by chemical analysis of the person’s blood or chemical or physical analysis of the person’s breath, shall give rise to the following presumptions:
(a) If there was at that time 0.05 percent or less by weight of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(b) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person’s blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(c) If there was at that time 0.10 percent or more by weight of alcohol in the person’s blood, that fact shall be prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.


http://www.leg.state.fl.us/statutes/ind ... 6.193.html

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter
316.193 Driving under the influence; penalties.—
(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

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Mannlicher
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Re: Concealed Carry in a bar?

Post by Mannlicher » Sun Jan 15, 2017 9:00 am

it becomes clear when you realize that CCW in Florida is a revenue stream for the State, and not designed to make Citizens safer.
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Hippie
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Re: Concealed Carry in a bar?

Post by Hippie » Sun Feb 19, 2017 6:01 am

Mannlicher wrote:it becomes clear when you realize that CCW in Florida is a revenue stream for the State, and not designed to make Citizens safer.
I wouldn't call the $60 I pay for a 7 year permit much of a revenue stream.

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M14man
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Re: Concealed Carry in a bar?

Post by M14man » Mon Feb 20, 2017 5:24 pm

Floridas gun laws are better than Hawaii's!

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