Concealed Carry Where Liquior is served

[ProBusiness]

1276 of this title.
TITLE 21 § 1272.1. Carrying firearms where liquor is consumed
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 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
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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.

Question - is it lawful or unlawful for a concealed carry license holder to be carrying and in the section of the restaurant reserved for liquor. this section serves liquor and food. Also serving liquor is not the main purpose of this business.

I don't see where the SDA says it is unlawful to carry in this 'liquor' section of the restaurant.

 

[zcruse]

I am not a lawyer and COULD BE WRONG ABOUT THIS but my understanding is that the bar would be off limits because selling liquor is the main (Read high percentage of the profits) purpose of that particular section of the business. I don't agree with the law as I can think of many reasons why a person might be in a bar but choosing to not drink but that is my non-lawyerly interpretation. I think the intent of the law would be better served if they did away with the "No Bar Carry" and instead proscribed carry while drinking as alcohol and guns don't mix but that would require our legislators using some common sense so it's a safe bet that it will never happen lol

 

[vvvvvvv]

It seems to be kind of grey. I remember we had a discussion on this, and one thing that came to light was that ABLE classifies "bars" as entire establishments, not just restaurants that get a license to serve in a designated area.

Obviously, the primary business in a place like Applebee's and Chili's is not on premises consumption.

21 O.S. § 1272.1 (my emphasis):

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.

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.​

 

[redmax51]

If it's a restaurant that serves liquor then you're OK.If it's a bar that serves food,you're not.Depends on the establishment's primary service.If you're going to drink,put the gun up.

 

[grizzly97]

If it's a restaurant that serves liquor then you're OK.If it's a bar that serves food,you're not.Depends on the establishment's primary service.If you're going to drink,put the gun up.

What he said^^^