Carry in a restaurant bar area.

[Scamp]

Sorry if this has been asked before, but help me out.

Say I go into Chili's and sit in the bar area, at a table, booth, even if I belly up to the bar itself, can I carry my gun legally? (yes I have a CCL) It's still just a restaurant right?

(Not having any drinks of course, just some ribs or something)



Edit - Need to add that I am looking for proof that I can't or can carry in the bar area of a restaurant, opinions are welcome, but I am looking for something concrete if there is anything.

 

[DestructoJr]

Sorry if this has been asked before, but help me out.

Say I go into Chili's and sit in the bar area, at a table, booth, even if I belly up to the bar itself, can I carry my gun legally? (yes I have a CCL) It's still just a restaurant right?

(Not having any drinks of course)

Kind of a gray area but I see nothing in the law that specifically prohibits that


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 concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title may carry the concealed 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.

assuming you arent drinking

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69741

 

[kroberts2131]

I think the bar "area" is ok but I just think you need to stay out of the 21 and up portion.

 

[DestructoJr]

Sorry if this has been asked before, but help me out.

Say I go into Chili's and sit in the bar area, at a table, booth, even if I belly up to the bar itself, can I carry my gun legally? (yes I have a CCL) It's still just a restaurant right?

(Not having any drinks of course, just some ribs or something)



Edit - Need to add that I am looking for proof that I can't or can carry in the bar area of a restaurant, opinions are welcome, but I am looking for something concrete if there is anything.

Typically laws do not state what you can do, only what you cant (not always just mostly) if you are looking for something that says specifically you can carry into a bar area in a restaurant you wont find it...neither is there anything that says you cannot the law merely addresses the establishment itself so chilis as a whole does not have a primary purpose of selling beer or alcohol as defined in another state satute different areas of the restaurant do not change the primary function of the business....that said I would argue that you can...

I think you should try it and let us know where and when you do it so we can send an anon tip to LEO's let them come and find you and find your weapon charge you and you can establish new case law

 

[DestructoJr]

Furthermore its not prohibited here either

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69745

 

[Scamp]

I think you should try it and let us know where and when you do it so we can send an anon tip to LEO's let them come and find you and find your weapon charge you and you can establish new case law

Could you wait 'till I finish my ribs before you tip 'em off?
Don't wanna go to jail on an empty stomach!
I am thinking it's fine, but the wife said she heard different, and I'll argue with a stump as long as it'll sit there...



.

 

[DestructoJr]

Could you wait 'till I finish my ribs before you tip 'em off?
Don't wanna go to jail on an empty stomach!
I am thinking it's fine, but the wife said she heard different, and I'll argue with a stump as long as it'll sit there...



.

nah man just eat before they feed in jail...you can get 2 meals that way!!!

 

[BryanDP]

If a business ever permits patrons under 21 through the business day or any day of the week it cannot by ABLE rules be a bar. (ABLE rules are THE law in Oklahoma when it comes to liquor.)

ABLE only licenses entire establishments, so even if there is a "bar area" where kids are not permitted the place is still not a bar and you can carry there - including the bar area.

Some places allow kids until a certain time and then don't admit them later at night. This is their choice, not a rule or law and does not make them a bar. Again, if kids are ever permitted throughout the day it cannot by ABLE definition be a bar.

Here's a good thread where this issue and many other areas was discussed.

Disclaimer: I am not an attorney. The information I offer is from my experience in the industry along with extensive research on the subject due to a personal legal issue where the accused was exonerated based on the defense I gave their attorney.

http://www.okshooters.com/forums/showthread.php?t=56981

Bryan

 

[Jerryinokc]

The driver is the primary purpose of the establishment. Chili's is serving food with a healthy, but minority portion, being alcohol. I do believe that will be the litmus test along with Bryan's point.

.2 cents delivered.

 

[CODE_3]

http://www.okshooters.com/forums/showthread.php?t=94194