Carrying a Firearm in Establishments that Serve Alcohol…
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Loading ...By Doug Little on Jun 19, 2009 in AZ CCW Questions, State Firearms Laws
Question: In light of current uproar about SB 1270, I thought it appropriate to check current ARS statutes. Maybe I am missing something, but at http://www.azleg.gov/ArizonaRevisedStatutes.asp (Sections 13-3102 and 13-3112) I see nothing regarding the ban on concealed carry in establishments that sell on premises liquor. Was there a change I missed? Or is the legislature’s web site in error?
Answer: No, you didn’t miss anything and no, the law hasn’t changed. The Arizona statutes that deal with carrying a firearm in a place that serves alcohol simply is not part of Section 13 of the Arizona Revised Statutes.
The law relating to the prohibition of firearms in establishments that serve alcohol is in Section 4-244 entitled “Unlawful Acts”. Under paragraph 29, the law states: “It is unlawful 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.”
In paragraph 30 the law goes on to say: “It is unlawful 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.”
So, it is not only illegal for you to have the firearm in your possession at any establishment with an “on premises” alcohol license. It is also illegal for the owner or employee of such an establishment to allow you to remain there if they know you are armed.
Violation of either of the provisions above is a Class 2 Misdemeanor, which is punishable by up to 4 months in jail, a fine of up to $750 for an individual or a fine of up to $10,000 for a business.
Dave | Jun 22, 2009 | Reply
Yes but SB1113 seeks to overturn that and is very close to being passed into law. The AZCDL reported on June 19th “SB 1113, the Restaurant Carry bill, was transmitted to the House on June 17, 2009 after passing in the Senate. That same day it was assigned to the House Judiciary Committee, but has not yet been scheduled for a hearing.”
Doug Little | Jun 26, 2009 | Reply
I think it is important to make sure that everyone know that SB 1113 called the “Restaurant Carry” bill has not yet passed into law. While the proposed law has good support in the legislature, based on my understanding of where it is in the process, there is a good chance that it will not make it out of this session. The AZ Legislature appears to be decided to adjourn on June 30th. There are a large number of bills to be considered. This particular bill still need to be passed by the House Rules committee, then it would need to go to the Committee of the Whole, then Third Read before coming to a vote. With less than a week left to go, this is going to be tough. It is a great bill and one we need in Arizona. Thirty-nine states permit restaurant carry by their Concealed Weapons Permit holders. Only nine do not. Arizona is one of those nine. Unfortunately due to the Legislature spending so much time on the budget, we may not see this one until next year.
Paul | Jul 1, 2009 | Reply
It is through the house and awaiting getting signed by the Governor.. From what I’ve read she is all for it and will sign it,.