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Question about Guns and Liquor ...
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<blockquote data-quote="Dave70968" data-source="post: 3179079" data-attributes="member: 13624"><p>This falls under <a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69741" target="_blank">21 O.S. 1272.1</a>:</p><p style="margin-left: 20px">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.</p><p></p><p>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 <em>may</em> 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.</p><p></p><p></p><p>The relevant statute for consumption appears to be <a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69765" target="_blank">21 O.S. 1289.9</a>:</p><p style="margin-left: 20px"></p> <p style="margin-left: 20px">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.</p> <p style="margin-left: 20px">...</p><p></p><p>"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 <em>can</em> 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).</p><p></p><p></p><p>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.</p><p></p><p>See above, but yeah, I think that's a good guideline.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 3179079, member: 13624"] This falls under [URL='http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69741']21 O.S. 1272.1[/URL]: [INDENT]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.[/INDENT] 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 [I]may[/I] 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. The relevant statute for consumption appears to be [URL='http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69765']21 O.S. 1289.9[/URL]: [INDENT] 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. ...[/INDENT] "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 [I]can[/I] 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). 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. See above, but yeah, I think that's a good guideline. [/QUOTE]
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