Concealed Carry in Establishments That Serve Alcohol
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Loading ...By Doug Little on Jul 15, 2008 in AZ CCW Questions, Crime Avoidance, Legal Issues
I recently received a question regarding any recent changes in the law regarding concealed carry in establishments that serve alcohol.
Unfortunately, the law has not changed. It is absolutely still illegal to carry a firearm in any establishment that serves alcohol for consumption on the premises. The proposed legislation to allow this has not been passed. It seems like this gets introduced in each legislative session, but our representatives have not been able to construct a version of this law that will satisfy our Governor.
Some seem to have difficulty finding the appropriate statutes regarding alcohol and concealed carry. Most of the time it is because people look in Arizona Revised Statutes Title 13 which deals with criminal offenses.
The appropriate reference in the Arizona Revised Statutes Title 4 which deals with Alcoholic Beverages. The specific section of interest is:
ARS 4-244 — Unlawful Acts.
This section details all of the ‘unlawful acts’ associated with sale or consumption of alcoholic beverages. The specific subsections relating to firearms are numbers 29 and 30 which are reproduced below.
29. For any person other than a peace officer, the licensee or an employee of the licensee acting with the permission of the licensee to be in possession of a firearm while on the licensed premises of an on-sale retailer knowing such possession is prohibited. This paragraph shall not be construed to include a situation in which a person is on licensed premises for a limited time in order to seek emergency aid and such person does not buy, receive, consume or possess spirituous liquor. This paragraph shall not apply to hotel or motel guest room accommodations nor to the exhibition or display of a firearm in conjunction with a meeting, show, class or similar event.
30. For a licensee or employee to knowingly permit a person in possession of a firearm other than a peace officer, the licensee or an employee of the licensee acting with the permission of the licensee to remain on the licensed premises or to serve, sell or furnish spirituous liquor to a person in possession of a firearm while on the licensed premises of an on-sale retailer. This paragraph shall not apply to hotel or motel guest room accommodations nor to the exhibition or display of a firearm in conjunction with a meeting, show, class or similar event. It shall be a defense to action under this paragraph if the licensee or employee requested assistance of a peace officer to remove such person.
Violation of either of these sections is a Class 2 misdemeanor, punishable by a fine of up to $750 and 4 months in jail.
Bottom Line…if you can drink there, leave your gun outside. Lock it in your car, but don’t carry into a bar.
Robert Leopold | Aug 11, 2008 | Reply
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
Mike Laporte | Aug 17, 2008 | Reply
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?
Doug Little | Aug 24, 2008 | Reply
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.