The Restaurant Has a Bar. Can I Carry? Virginia

Spring Break is here, and everyone is thawing out after a long winter. Watch Independent Program Attorney Ed Riley instruct you on the law before walking into a restaurant or bar with your firearm.

What is the Law in Virginia for Bars and Guns?

Generally, alcohol and Firearms do not mix. In Virginia, there are a few key laws that you need to be aware of concerning alcohol and the carrying and possession of firearms in Virginia.

Under Virginia Code Section 18.2-308.012, you cannot conceal carry a handgun on the premises of a restaurant or bar that is controlled by the Virginia ABC Board and consume an alcoholic beverage. This statute also makes it illegal for any person licensed to conceal and carry a handgun to be under the influence and carry that handgun in a public place.

If convicted under this statute, your concealed carry permit will be revoked and you will not be eligible to reapply for that permit for five years. 

It’s important to note that most establishments that sell alcohol are licensed by the Virginia ABC Board, or privately owned. That means they are private property and the owner of such property has the right to ban firearms from their establishment.

The Restaurant Has a Bar. Can I Carry? Colorado

Spring Break is here, and everyone is thawing out after a long winter. Watch Independent Program Attorney Doug Richards instruct you on the law before walking into a restaurant or bar with your firearm.

Can You Conceal Carry in Colorado?

In Colorado, you can go into a bar with a firearm concealed so long as there’s not signage that specifically prohibits it, or you’re told by somebody that works there that no guns are allowed. Once you’re inside the bar, if you consume any alcohol, you run the risk of committing a crime by possessing a firearm while you’re intoxicated. Now, you might think, well if I have one beer, or one shot, or whatever it might be, I’m not intoxicated because I’m not a .08, or I’m not a .05. You’d be mistaken because you’re right now thinking about the legal standard for driving, not the legal standard for possessing a firearm. There is no actual per se or statutory legal standard, so it’s a totally subjective standard, i.e. it is up to the police officer on whether or not you are intoxicated. So, if you’re using bad judgment and you’ve got some alcohol on your breath, I can promise you the police officer is going to say you’re intoxicated, and you’re going to be facing a criminal charge for doing something you really shouldn’t be doing in the first place.

 

The Restaurant Has a Bar. Can I Carry? Georgia

Spring Break is here, and everyone is thawing out after a long winter. Watch Independent Program Attorney Matt Kilgo instruct you on the law before walking into a restaurant or bar with your firearm. 

Can You Carry Into a Bar?

Prior to 2014, bars were listed as a specific exclusion—a place where you could not carry a firearm even with a weapons carry license.In 2014, Governor Nathan Deal signed the Safe Carry Protection Act, which struck bars from the list of excluded places.Meaning, as of 2014, if you have a weapons carry license, you can carry a firearm into a bar. Remember, the law in Georgia says that if you are authorized to carry a weapon, meaning you’re in lawful possession of a valid weapons carry license, you can carry in every location in this state not prohibited. Since bars are no longer prohibited you can carry into a bar.

Can You Carry While Intoxicated?

Yes, you can but it’s not necessarily recommended. The law in Georgia has no specific restriction on carrying while intoxicated, but there is a restriction on discharging firearms while intoxicated. You cannot discharge a firearm if you’re intoxicated by alcohol, or by drugs, or any combination there of that makes you less safe to discharge that firearm. But even then there’s an exception to the rule. Even if you are intoxicated by alcohol or by drugs, and that includes prescription drugs, you can use the firearm to protect yourself, protect your home, protect your family, so the statutory defenses of defense of person, property, or household still apply.

What If This Bar Has a Sign That Says No Guns Allowed?
Remember, the law says that if you’re legal to carry you can carry in every place in the state. So, the signs shouldn’t have any impact on your ability to carry. You can go on into the building. That’s at least our considered opinion. However, the owner, or the person in legal control of the property, has the right to eject you, or to exclude you, if you’re found in possession of a firearm. So, you may lawfully enter so long as you have a valid weapons carry license, but if you are asked to leave by someone who owns or controls the property then you must leave. Failure to do so could result in you being arrested for criminal trespass.

The Restaurant Has a Bar. Can I Carry? Florida

Spring Break is here, and everyone is thawing out after a long winter. Before you take part in the festivities watch Independent Program Attorney David Katz instruct you on the law before you walk into a restaurant or bar with your firearm.

Drinking and Carrying Your Firearms

In Florida, there is no legal limit of intoxication that makes it illegal to carry your firearm. That does not mean you can do whatever you want. Florida law makes it illegal to use a firearm if your normal faculties are impaired by alcoholic beverages or a controlled substance. Although, the legal limit for driving is .08, the legal limit for using your firearm is .10. The term use of firearm is defined in Florida Statute 790.151 as discharging a firearm or having it readily accessible for immediate discharge. Readily accessible for immediate discharge is defined in both the statute and case law as loaded and in your hand.

Therefore, under Florida law, you can legally be as drunk as you can get and still carry your firearm as long as they are not loaded and in your hand and you do not discharge them. The law does not apply to anyone executing lawful self-defense or defense of a loved one.

Carrying a Firearm in a Restaurant or Bar

Florida law does not allow you to carry a firearm in any establishment whose primary purpose is the sale of alcohol or any part of an establishment devoted to the sale of alcohol. If you go in to a restaurant with a bar, you cannot carry in the bar area, but should be able to carry while eating dinner in the restaurant portion. While eating dinner, if you choose to have a beer or cocktail, you will not be violating Florida law if you have your firearm with you. But if you are sitting at the bar, not drinking, but eating dinner because there are no open tables in the restaurant you cannot carry your firearm.

The Restaurant Has a Bar. Can I Carry? Oklahoma

Spring Break is here, and everyone is thawing out after a long winter. Before you take part in the festivities watch Independent Program Attorney Robert Robles instruct you on the law before you walk into a restaurant or bar with your firearm.

Bars and liquor stores are lumped into a class of businesses whose primary purpose is the sale of alcohol. Therefore, it is against the law in Oklahoma to enter a business whose primary purpose is the sale of alcohol while armed.

Entering a business, whose primary purpose is the sale of alcohol, with a firearm is a felony with up to two years in the prison and up to a $1,000.

There are no signs in the state of Oklahoma that are required by statute for a business to announce that its business is primarily the sale of alcohol.

Restaurants where the primary purpose is the sale of food, and whose ancillary purpose is also the sale of alcohol, are not required by law to say food is our primary purpose, so that is to be discovered individually.

If you are under the influence of these alcohol, legal, or illegal drugs you can be fined and charged with a misdemeanor.

The Restaurant Has a Bar. Can I Carry? Pennsylvania

Spring Break is here, and everyone is thawing out after a long winter. Before you take part in the festivities watchIndependent Program Attorney Justin McShane instruct you on the law before you walk into a restaurant or bar with your firearm.

Here in the Commonwealth of Pennsylvania there is no statute or law against being drunk with a gun, so just literally being drunk and having your gun as long as you’re not touching, it displaying it, doing anything that you shouldn’t be doing with it, you can be drunk as Cooter Brown.

We look at what the conduct is that you do with the gun.

The bottom line of it is that you’re responsible for those bullets that go up—drunk or not.

It doesn’t matter drunk or not, if you point a gun at someone that’s going to be a simple assault

Drunk or not if you lick a shot off and it’s not self-defense and it’s something that you intended to do depending upon what happens that’s gonna be the gradation of the offense

Drunk with a gun isn’t a separate and distinct crime here in Pennsylvania

Can I Carry a Gun into a Bar?

You can take your gun into a bar in Pennsylvania

Bars are a carry area

The most that a bar can do is put up a sign that says no firearms and that’s their personal policy

If they catch you with it then you know they can ask you to leave and just like any other place that has such a policy if you remain then it becomes defiant trespass