Comments on: Concealed Carry in Establishments That Serve Alcohol http://arizonaccwpermit.com/2008/07/15/concealed-carry-in-establishments-that-serve-alcohol/ Get answers to any questions regarding the Arizona CCW Permit or Concealed Carry in Arizona Fri, 21 Nov 2008 02:34:29 +0000 http://wordpress.org/?v=2.3 By: Doug Little http://arizonaccwpermit.com/2008/07/15/concealed-carry-in-establishments-that-serve-alcohol/#comment-844 Doug Little Sun, 24 Aug 2008 16:58:16 +0000 http://arizonaccwpermit.com/2008/07/15/concealed-carry-in-establishments-that-serve-alcohol/#comment-844 In response to Robert's comment, I don't know why the Arizona Legislature has not seen fit to pass legislation like you suggest. There have been bills considered in the past two legislative sessions that would permit limited firearms carry in establishments that serve alcohol. The most recent bill would require restaurants to post a sign that they do allow carrying of firearms and that the persons doing the carrying would not be permitted to consume alcohol. That bill died in committee. It is virtually certain to be re-introduced next year. In response to Mike's comment, under the current law, you are prohibited from possessing a firearm in ANY establishment that serves alcohol for consumption on the premises. In response to Robert’s comment, I don’t know why the Arizona Legislature has not seen fit to pass legislation like you suggest. There have been bills considered in the past two legislative sessions that would permit limited firearms carry in establishments that serve alcohol. The most recent bill would require restaurants to post a sign that they do allow carrying of firearms and that the persons doing the carrying would not be permitted to consume alcohol. That bill died in committee. It is virtually certain to be re-introduced next year.

In response to Mike’s comment, under the current law, you are prohibited from possessing a firearm in ANY establishment that serves alcohol for consumption on the premises.

]]> By: Mike Laporte http://arizonaccwpermit.com/2008/07/15/concealed-carry-in-establishments-that-serve-alcohol/#comment-744 Mike Laporte Mon, 18 Aug 2008 04:52:16 +0000 http://arizonaccwpermit.com/2008/07/15/concealed-carry-in-establishments-that-serve-alcohol/#comment-744 Is this limited to traditional "bar" type establishments or does this statute include ordinary restaraunts as well where a beer of glass of wine etc can be consumed? Is this limited to traditional “bar” type establishments or does this statute include ordinary restaraunts as well where a beer of glass of wine etc can be consumed?

]]> By: Robert Leopold http://arizonaccwpermit.com/2008/07/15/concealed-carry-in-establishments-that-serve-alcohol/#comment-732 Robert Leopold Tue, 12 Aug 2008 06:55:02 +0000 http://arizonaccwpermit.com/2008/07/15/concealed-carry-in-establishments-that-serve-alcohol/#comment-732 I recently relocated from TX and I still am having a hard time understanding why this AZ law hasn't been rationally reviewed and changed. I believe that TX has the most rational Concealed Carry Laws in the nation. Below is an excerpt of the TX laws regarding carrying while intoxicated and in an establishment that serves alcohol: PC 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. ... (b)(1) on the premises of a business that has a permit or license issued under Chapter 25,28,32,69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code; ... (d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed. Paragraph (b)(1) makes sense to me since if you go into an establishment that passes the 51% rule, you are most likely in a bar and not a restaurant. Most people go into bars to drink, not to eat the pretzels and popcorn. Restaurants normally don't pass this 51% rule since they make their money on the sale of food. Most people go to restaurants to eat, and in TX if carrying and responsible, they don't drink. Hence they are legal. If you go into a restaurant and drink, you can be defined as intoxicated and are violating the law. I just don't understand why the mere service of alcohol (in a restaurant, not a bar) should restrict the licensed individual from carrying. The licenses are issued to law abiding citizens who have proven they can be trusted with this privilege. Licensed holders know that drinking and carrying are illegal and dangerous. By the current AZ law, nearly all restaurants are off-limits and are now a potentially unsafe. We have all seen that gun-free zones attract criminals. I feel I am irresponsibly being denied my right to protect myself in restaurants in AZ because of this irrational law. Hopefully AZ can adopt a similar law as TX has. I welcome your comment to help me understand why this law is still in effect in AZ. Thanks I recently relocated from TX and I still am having a hard time understanding why this AZ law hasn’t been rationally reviewed and changed. I believe that TX has the most rational Concealed Carry Laws in the nation.

Below is an excerpt of the TX laws regarding carrying while intoxicated and in an establishment that serves alcohol:

PC 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
…
(b)(1) on the premises of a business that has a permit or license issued
under Chapter 25,28,32,69, or 74, Alcoholic Beverage Code, if
the business derives 51 percent or more of its income from the sale or
service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section
104.06, Alcoholic Beverage Code;
…
(d) A license holder commits an offense if, while intoxicated, the
license holder carries a handgun under the authority of Subchapter H,
Chapter 411, Government Code, regardless of whether the handgun is
concealed.

Paragraph (b)(1) makes sense to me since if you go into an establishment that passes the 51% rule, you are most likely in a bar and not a restaurant. Most people go into bars to drink, not to eat the pretzels and popcorn. Restaurants normally don’t pass this 51% rule since they make their money on the sale of food. Most people go to restaurants to eat, and in TX if carrying and responsible, they don’t drink. Hence they are legal. If you go into a restaurant and drink, you can be defined as intoxicated and are violating the law.

I just don’t understand why the mere service of alcohol (in a restaurant, not a bar) should restrict the licensed individual from carrying. The licenses are issued to law abiding citizens who have proven they can be trusted with this privilege. Licensed holders know that drinking and carrying are illegal and dangerous. By the current AZ law, nearly all restaurants are off-limits and are now a potentially unsafe. We have all seen that gun-free zones attract criminals. I feel I am irresponsibly being denied my right to protect myself in restaurants in AZ because of this irrational law. Hopefully AZ can adopt a similar law as TX has.

I welcome your comment to help me understand why this law is still in effect in AZ.

Thanks

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