Question about Guns and Liquor ...

[Annie]

Actually a couple ...

A friend and I were having a discussion about conceal carry and frequenting restaurants and bars thar serve liquor. @Dave70968 help me out here cuz I'm not up on the current restrictions

I say that if a restaurant or "bar and grill" makes 50% or more of their revenue from sales other than liquor you are good to go and can carry with no restriction. I also say that drinking ANYTHING when you frequent these establishments is a recipe for disaster if things go south but one drink isn't gonna automatically make you a felon if you have to defend yourself on the way home. I mean it's not like you are gonna over the legal limit if you have only one with dinner.

But IF an establishment makes 51% of their sales from liquor sales then you are in a bar and carrying inside is illegal regardless of whether you drink or not. It's not a perfect scenario but the legal thing to do is leave your gun at home. Or at the very least in the trunk or locked glove box of your car.

I could have searched for previous threads but I haven't seen one in a while and I'm looking for CURRENT law.

(Please God all I wanr for Christmas next year is constitutional carry.)

 

[Uncle TK]

Some restaurants have the Bar inside the Restaurant.
Example: Brass Rail with sign that says Bar Area no one under 21

 

[DavidMcmillan]

Annie, I agree with your thoughts, and have the same question on current law.

 

[Annie]

Some restaurants have the Bar inside the Restaurant.
Example: Brass Rail with sign that says Bar Area no one under 21

Ok I KNEW I had seen that sign somewhere but couldn't remember where. I would swear Texas Roadhouse has the same signage but my buddy says no. (And yes, soon as the old man takes me out again I'll be checking cuz I do think I'm right.)

 

[Dave70968]

Actually a couple ...

A friend and I were having a discussion about conceal carry and frequenting restaurants and bars thar serve liquor. @Dave70968 help me out here cuz I'm not up on the current restrictions

I say that if a restaurant or "bar and grill" makes 50% or more of their revenue from sales other than liquor you are good to go and can carry with no restriction.

This falls under 21 O.S. 1272.1:

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. ... Provided however, a person possessing a valid handgun license pursuant to the provisions of the Oklahoma Self-Defense Act may carry the concealed or unconcealed 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.​

So, in effect, that's the 51% rule for those of us with permits. "Primary purpose" isn't strictly defined, but sales volume and area designation are a pretty good guide. The sign at the door/at the bar section is a good guide, but I think most of us can tell the difference between a bar and a restaurant with a bar. There may be some close calls--O'Connell's in Norman is probably close--but without auditing the books, there's no way for the average patron to know for sure, and the presence of a divider (brass rail, etc.) is a pretty good clue as to where you should or shouldn't be.

I also say that drinking ANYTHING when you frequent these establishments is a recipe for disaster if things go south but one drink isn't gonna automatically make you a felon if you have to defend yourself on the way home. I mean it's not like you are gonna over the legal limit if you have only one with dinner.

The relevant statute for consumption appears to be 21 O.S. 1289.9:

It shall be unlawful for any person to carry or use shotguns, rifles or pistols in any circumstances while under the influence of beer, intoxicating liquors or any hallucinogenic, or any unlawful or unprescribed drug, and it shall be unlawful for any person to carry or use shotguns, rifles or pistols when under the influence of any drug prescribed by a licensed physician if the aftereffects of such consumption affect mental, emotional or physical processes to a degree that would result in abnormal behavior. Any person convicted of a violation of the provisions of this section shall be punished as provided in Section 1289.15 of this title.
...​

"Under the influence" is a nice, fuzzy phrase; it can mean anything (grammatically, the "result in abnormal behavior" refers to the prescribed drugs provision, not the whole sentence, so you don't get that nice qualifier). I checked the cited caselaw and AG opinions, and there's no hard definition provided there, either, so it means whatever the prosecutor can convince the judge and jury it means. I can say that similar rules in other places (the FAA comes to mind) have been construed as to include being under any effects (including hung over).

But IF an establishment makes 51% of their sales from liquor sales then you are in a bar and carrying inside is illegal regardless of whether you drink or not. It's not a perfect scenario but the legal thing to do is leave your gun at home. Or at the very least in the trunk or locked glove box of your car.

I could have searched for previous threads but I haven't seen one in a while and I'm looking for CURRENT law.

(Please God all I wanr for Christmas next year is constitutional carry.)

Even constitutional carry won't likely eliminate the restrictions in 1272.1 and 1289.9. It'd be nice if it did; there are states that don't prohibit carry in bars, or even consumption while carrying, and they don't seem to have a problem. But I'll take it in baby steps if that's what it takes to get it done.

Some restaurants have the Bar inside the Restaurant.
Example: Brass Rail with sign that says Bar Area no one under 21

See above, but yeah, I think that's a good guideline.

 

[O4L]

I don't see the restrictions changing with constitutional carry

 

[CharlieWH2O]

The 51% is a thing in TX and is serious. I believe your best bet is don't consume any alcohol if you are carrying. You can beat the rap but you can't beat the ride.

.

 

[CHenry]

Interesting...

 

[Annie]

I don't see the restrictions changing with constitutional carry

Like Dave said ... Baby steps.

 

[O4L]

Like Dave said ... Baby steps.

Right. I was just saying that CC, if it happens, won't necessarily eliminate all the restrictions we have in place now.