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Quick Carry/Alcohol question

Discussion in 'Self Defense and Handgun Carry' started by adamsredlines, Mar 9, 2018.

  1. adamsredlines

    adamsredlines Sharpshooter

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    "It is unlawful for any person other than the owner, proprietor, or a peace officer to possess a firearm in any establishment where alcoholic beverages are consumed. A person with a valid CCL may carry a firearm onto premises where alcohol is sold, provided that the sale of alcohol is not the primary business."

    If I'm reading that right, you cannot carry at any restaurant that serves alcohol, regardless of amount? Not at Applebees type places, Mexican restaurants, etc?
    In TX, it had to be the primary source of income and they had to have a 51% sign stating it as such.

    From NRA-ILA, not the OK penal code.
    https://www.nraila.org/gun-laws/sta...3,8185,8191,8182,8186,8192,8194,8187&geo=1576
     
  2. raeken45

    raeken45 Sharpshooter

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    If you have a CCL you can carry in those places because they are primarily restaraunts that also serve alcohol. Not into an actual bar. Same reason kids can go in and eat but not sit at the bar. That's my understanding.
     
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  3. adamsredlines

    adamsredlines Sharpshooter

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    That would be my understanding of how it is, but the wording doesnt match that based on the first sentence.

    "It is unlawful for any person other than the owner, proprietor, or a peace officer to possess a firearm in any establishment where alcoholic beverages are consumed."

    To me, that reads restaurants that also serve alcohol.

    The second sentence seems to address a different circumstance

    "A person with a valid CCL may carry a firearm onto premises where alcohol is sold, provided that the sale of alcohol is not the primary business."

    To me, that reads places like corner stores that sell alcohol, but consumption of said alcohol is not allowed.
     
  4. kwaynem

    kwaynem Sharpshooter

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    Your good for conceal carry I wouldn’t walk in there with a Dirty Harry hog leg on my side
     
  5. MacFromOK

    MacFromOK Sharpshooter

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    STATE OF OKLAHOMA
    2nd Session of the 55th Legislature (2016)
    HOUSE BILL 3098

    "Section 1272.1

    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.
    A person may carry the 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."

    Not a lawyer. :drunk2:
     
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  6. Ignored Member

    Ignored Member Sharpshooter

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    If it's mainly a restaurant and I'm not drinking, then I carry.
     
    druryj and kwaynem like this.
  7. beastep

    beastep Sharpshooter

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    If the sale of alcohol is 50% or more of their sales you cannot carry. Thats what it read at one point.
     
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  8. dennishoddy

    dennishoddy Sharpshooter

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    Correct.
     
  9. Pokinfun

    Pokinfun The Most Interesting Man in the World

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    that is not completely correct, if you read all of it. You cannot be under the influence of alcohol and carry. it does not say a person that is carrying cannot have a glass of wine with dinner. You cannot be above the legal limit. a police officer cannot consume alcohol when he is armed.

    �21-1272.1.

    CARRYING FIREARMS WHEN 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, 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.


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

    KOPBET Sharpshooter

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    Consumed is consumed.
     
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