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

The Restaurant Has a Bar, Can I Carry? Texas

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

It’s a situation you may have found yourself in before. You go to dinner out at a restaurant and have a couple of beers. You’re carrying your pistol like always. Are you committing a crime? Or you walk into what you think is a restaurant only to see a 51% looking back at you. In either instance, are you allowed to have your gun?

Happy Hour

If you have a drink or two, are you allowed to carry your firearm? If you’re a license holder, Texas Penal Code Section 46.035 states that you violate the law if you carry a handgun while intoxicated.

Texas Penal Code section 49.01 defines intoxicated as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body. Or having an alcohol concentration of point zero eight or more in your blood.

The point at which you lose the normal use of your mental or physical faculties varies from person to person.

This doesn’t mean it’s absolutely illegal to have a beer while you’re carrying your handgun but if you become intoxicated you’re breaking the law

51% Sign

Under Texas law you cannot carry a firearm into a bar.

You’ll know it’s a bar because bars are required by the Texas Alcoholic Beverage Commission to post 51% signs indicating that the establishment derives more than 51% of its revenue through the sale of alcohol for on-site consumption.

A 51% sign will feature a 51% in large red numbers notifying you that carrying a handgun on the premises is a felony of the third degree.

This means that carrying into a 51% establishment could land you between 2 and 10 years in prison and up to a $10,000 fine.

What about the bar area of restaurants?

If it is a true restaurant, and they don’t derive 51% or more of their sales from the sale of alcohol for on-site consumption, you can carry anywhere inside of that restaurant–even the bar area. Basically, the whole building is either 51% or it isn’t.

Guns in Bars and Restaurants: What’s Legal, What’s Not?

In this excerpt from a U.S. Law Shield News live report, watch Emily Taylor, independent program attorney with Walker & Byington, discuss the basic rules for carrying firearms into restaurants and bars. Click the video below to find out the major differences between blue signs and red signs in Texas establishments, and how getting those colors crossed up could lead to some orange jumpsuit time.

 

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