I think I had an ephiphany

[Burk Cornelius]

I read the SDA law book periodically and just realized that we are NOT statutorily prohibited from carrying in a liquor store. Maybe I just always thought that was the case but don't find it anywhere the word liquor is used. Am I correct?

BC

 

[BobAsh]

I don't have the rule book on me, but it's in there. You can't carry in any establishment that primarily sells alcohol.

 

[BobAsh]

I found it.

TITLE 21 § 1272.2. PENALTY FOR FIREARM IN LIQUOR ESTABLISHMENT

Any person who intentionally or knowingly carries on his or her person any
weapon in violation of Section 1272.1 of this title, shall, upon conviction, be
guilty of a felony. The fine for a violation of this section shall not exceed One
Thousand Dollars ($1,000.00).

 

[Martialartsblackbelt]

Define LIQUOR ESTABLISHMENT,

I beleive its that any establishment that its primary sales is alcohol.
meaning serving it.

wasent there a Liquor store just robbed at gun point last week.

im carring in the store for my 2 minute transaction

 

[RedTape]

I was always under the impression that you were only prohibited from carrying in an establishment that made the majority of its income from serving alcohol.

 

[vvvvvvv]

I found it.

TITLE 21 § 1272.2. PENALTY FOR FIREARM IN LIQUOR ESTABLISHMENT

Any person who intentionally or knowingly carries on his or her person any
weapon in violation of Section 1272.1 of this title, shall, upon conviction, be
guilty of a felony. The fine for a violation of this section shall not exceed One
Thousand Dollars ($1,000.00).

1272.1 (with my emphasis):

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 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.
B. Any person violating the provisions of this section shall be punished as provided in Section 1272.2 of this title.

 

[RedTape]

I just checked the SDA on the OSBI Web site. There are two sections on liquor. The first is the one Veggie Meat posted, CARRYING FIREARMS WHERE LIQUOR IS CONSUMED.

The second is the one BobAsh posted, PENALTY FOR FIREARM IN LIQUOR ESTABLISHMENT.

Having two sections, one regarding consumption of liquor, the other simply regarding an establishment would seem to indicate it is illegal to carry in a liquor store. The problem is, I don't see "establishment" defined in the SDA.

Any experts want to chime in?

 

[vvvvvvv]

I just checked the SDA on the OSBI Web site. There are two sections on liquor. The first is the one Veggie Meat posted, CARRYING FIREARMS WHERE LIQUOR IS CONSUMED.

The second is the one BobAsh posted, PENALTY FOR FIREARM IN LIQUOR ESTABLISHMENT.

Having two sections, one regarding consumption of liquor, the other simply regarding an establishment would seem to indicate it is illegal to carry in a liquor store.

Any experts want to chime in?

Check the wording of 1272.2. It clearly refers that the penalties are referring to violating the provisions of 1272.1.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69742

PENALTY FOR FIREARM IN LIQUOR ESTABLISHMENT ​

Any person who intentionally or knowingly carries on his or her person any weapon in violation of Section 1272.1 of this title, shall, upon conviction, be guilty of a felony punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or imprisonment in the State Penitentiary for a period not to exceed two (2) years, or both such fine and imprisonment.
Any person convicted of violating the provisions of this section after having been issued a concealed handgun license pursuant to the provisions of the Oklahoma Self-defense Act, Sections 1290.1 through 1290.26 of this title, shall have the license revoked by the Oklahoma State Bureau of Investigation after a hearing and determination that the person is in violation of Section 1272.1 of this title.

 

[RedTape]

That works for me. I've always considered it kind of like TOC vs. transporting a closed container. Can't go into an establishment that primarily sells alcohol for consumption (TOC). It's fine to go to the liquor store, buy a nice bottle and drive home because it's not open.

 

[BryanDP]

A liquor store is not a "liquor establishment." It's not mentioned in the SDA because there is not a restriction against carry there. The place where it is covered in Oklahoma law I believe it's called a "package store."

Bryan