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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.

Comment section

4 comments on “The Restaurant Has a Bar. Can I Carry? Oklahoma

    TITLE 21 § 1272.1 CARRYING FIREARMS WHERE LIQUOR IS CONSUMED
    A. It shall be unlawful for any person to carry or possess any weapon designated in Section 1272 of this title in any
    establishment where low-point beer, as defined by Section 163.2 of Title 37 of the Oklahoma Statutes, or alcoholic
    beverages, as defined by Section 506 of Title 37 of the Oklahoma Statutes, are consumed. This provision shall
    not apply to a peace officer, as defined in Section 99 of this title, or to private investigators with a firearms
    authorization when acting in the scope and course of employment, and shall not apply to an owner or proprietor
    of the establishment having a pistol, rifle, or shotgun on the premises. Provided however, a person possessing
    a valid handgun license pursuant to the provisions of the Oklahoma Self-Defense Act may carry the concealed
    or unconcealed handgun into any restaurant or other establishment licensed to dispense low-point beer or
    alcoholic beverages where the sale of low-point beer or alcoholic beverages does not constitute the primary
    purpose of the business.
    Provided further, nothing in this section shall be interpreted to authorize any peace officer in actual physical
    possession of a weapon to consume low-point beer or alcoholic beverages, except in the authorized line of duty
    as an undercover officer.
    Nothing in this section shall be interpreted to authorize any private investigator with a firearms authorization in
    actual physical possession of a weapon to consume low-point beer or alcoholic beverages in any establishment
    where low-point beer or alcoholic beverages are consumed.
    B. Any person violating the provisions of this section shall be punished as provided in Section 1272.2 of this title.

    I’m confused on TITLE 21, 1272.1 language. It clearly states where alcohol is consumed and the first sentence states as such. The end of the paragraph states, “Oklahoma Self-Defense Act may carry the concealed or unconcealed handgun into any restaurant or other establishment licensed to dispense low-point beer or alcoholic beverages where the sale of low-point beer or alcoholic beverages does not constitute the primary
    purpose of the business.” My question is a liquor store is not a place to “consume” nor “dispense” any alcohol so therefore why are you stating it is illegal to carry into a liquor store?

      Misunderstanding Section 1271.1 can result in a felony conviction. Failing to understand Section 1271.1, is not a defense, however, the law may be misunderstood because it uses the term,”consume”, defined as: drinking, eating and buying. A consumer is a person who buys goods or services. A zealous prosecutor could charge a person with violating section 1271.1 based upon the secondary meaning of the word, “consume”. A second meaning of the word “consume”, is to buy. See dictionary meaning of “consume”.
      Define:consume
      con·sume
      kənˈso͞om/
      verb
      eat, drink, or ingest (food or drink).
      “people consume a good deal of sugar in drinks”
      synonyms:
      eat, devour, ingest, swallow, gobble up, wolf down, guzzle, feast on, snack on; More
      buy (goods or services).
      use up (a resource).
      “these machines consume 5 percent of the natural gas in the U.S”
      synonyms:
      use (up), utilize, expend;
      deplete, exhaust;
      waste, squander, drain, dissipate, fritter away
      “natural resources are being consumed at an alarming rate”

      I am of the legal opinion that section 1272.1 means that the definition of the word “consume”, found in section 1272.1, is not limited to eating or drinking, but also includes buying alcoholic beverages at an establishment who’s primary purpose is the sale of alcoholic beverages. The punishment for violation of section 1271.1 is a felony punishable by imprisonment and fine found at section 1271.2. (below) A liquor store is a place who’s primary purpose is the sale of alcoholic beverages.

      Section 1271.1 A., printed in the statute books:

      A. It shall be unlawful for any person to carry or possess any weapon designated in Section 1272 of this title in any establishment where low-point beer, as defined by Section 163.2 of Title 37 of the Oklahoma Statutes, or alcoholic beverages, as defined by Section 506 of Title 37 of the Oklahoma Statutes, are consumed. …..Provided however, a person possessing a valid handgun license pursuant to the provisions of the Oklahoma Self-Defense Act may carry the concealed or unconcealed handgun into any restaurant or other establishment licensed to dispense low-point beer or alcoholic beverages where the sale of low-point beer or alcoholic beverages does not constitute the primary purpose of the business.

      37 O.S. section 506, found below; and section 163.2, which will be repealed October 1, 2018, use the term sale, consumption and consumer as meaning the same. I conclude that the State of Oklahoma uses the term consume, sale, consumer, consumption to mean the same thing.

      section 506: subsection “37. “Sale” means any transfer, exchange or barter in any manner or by any means whatsoever, and includes and means all sales made by any person, whether as principal, proprietor or as an agent, servant or employee. The term “sale” is also declared to be and include the use or consumption in this state of any alcoholic beverage obtained within or imported from without this state, upon which the excise tax levied by the Oklahoma Alcoholic Beverage Control Act has not been paid or exempted”;

      section 163.2: subsection “6. “Sale” or “sales”, for the purpose of the collection of the taxes imposed by any law of the state upon low-point beer, as defined herein, is hereby defined to mean and include all sales by all wholesalers within this state, for money or any other valuable consideration, to retail dealers for resale; and, also, the term “sale” or “sales” taxable under Section 163.1 et seq. of this title means and includes all sales from manufacturers or wholesalers from outside this state, to retail dealers for resale to consumers or otherwise. The term “sale” or “sales” shall also include sales from manufacturers without the state to wholesalers located within the state”;

      Section 1272.2 – Penalty for Firearm in Liquor Establishment
      Cite as: O.S. §, __ __
      Any person who intentionally or knowingly carries on his or her person any weapon in violation of Section 1272.1 of this title, shall, upon conviction, be guilty of a felony punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or imprisonment in the custody of the Department of Corrections for a period not to exceed two (2) years, or by both such fine and imprisonment.
      Any person convicted of violating the provisions of this section after having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act shall have the license revoked by the Oklahoma State Bureau of Investigation after a hearing and determination that the person is in violation of Section 1272.1 of this title.

        Thank you for the clarification. It has always been confusing to me and several of my friends, and that is the best answer I’ve heard to date. I agree a zealous prosecutor could articulate a violation as such and probably would in order to score brownie points if nothing else.

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