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Question on CCW inside bars

Discussion in 'Florida Glockers Club' started by bchandler, Mar 29, 2007.

  1. bchandler

    bchandler

    1,308
    0
    Sep 8, 2006
    Dallas, TX
    Hi all!

    The law states one cannot carry in "any portion of an establishment licensed to dispense alcoholic beverages on the premises, which portion of that establishment is primarily devoted to such purpose."

    What has this been interpreted to mean? I frequently dine out, does this mean I cannot sit in the "bar area," or does it mean I cannot sit at the bar itself? Does it mean I cannot carry in a dedicated bar even if I have a table and am only eating food? When does a bar and grill type place become "primarily devoted" to dispensing alcohol? Would a place like Winghouse, Hooters, or Ale House be defined as the entire premises being devoted to alcoholic beverage consumption?

    Also, any input on when or if a bar and grill becomes a "place of nuisance?"

    Lots of questions, but I want to be safe!

    Thanks!
     
  2. Ice_Man1

    Ice_Man1

    24
    0
    Jun 12, 2006
    FL
    If I remember right in FL. if you can smoke in it then its a bar and no carry allowed. If you cant smoke you are safe to carry but "NO
    DRIKING" for you. This is all if I remember right.
     


  3. The bar area of most restaurants is usually deliniated by a low wall. Stay out of that area. You can sit in the restaurant area and even have a drink. Don't become intoxicated, however. The 790 statutes have levels of BA where you are presumed to be impaired.

    The poster above talks about smoking.... I don't know about that one. I don't see it in the statutes.
     
  4. LurkMastR

    LurkMastR

    89
    0
    Feb 6, 2007
    Oviedo, FL
    I ordered "Florida Firearms Laws, Use, & Ownership" (6th edition) by Jon Gutmacher today. I'm hoping these types of scenarios are covered in the book. I wasn't aware of the blood alcohol impairment level for concealed carry. Is it the same as for driving?
     
  5. Gmountain

    Gmountain

    472
    0
    May 8, 2004
    Florida
    You can get as drunk as you want while carrying, although if it was me, I wouldn't drink at all. If you ever use a gun while drinking, the statutes presume impairment if your blood alcohol is a certain level. This would impact criminal and civil defense.

    There is nothing in the statutes about smoking defining a bar.
    Some people say if it allows smoking it is a bar, but there are bars that don't allow smoking at all, like in a mall.

    The rule is stay out of the part of the establishment that is primarily used for serving alcohol. At Outback for instance, it is the walled in area. It's easy to see at Applebees, Chili's, etc. You know it when you see it. Don't play games-every reasonable person can identify the bar area.

    Wing House, Hooters, Ale House, serve food and drink. They are okay, but stay out of the bar portion.

    A bar has noting to do with a place of nuisance, unless it is hosting illegal gambling or is a brothel.
     
  6. +1, You can carry while presumed intoxicated, i.e., holstered and concealed, but it is when you put it into your hand that the impairment judgement comes into play.
     
  7. Kwesi

    Kwesi

    1,483
    8
    Sep 23, 2006
    TX
    Gmountain: I for one appreciate your posts and the time you take to help us understand the law! Keep on keeping us straight!
     
  8. Found this in passing...

    http://www.insomniacscoffeehouse.com/ (scroll down for smoking disclaimer...)

     
  9. xaosflux

    xaosflux

    52
    0
    Nov 14, 2006
    FL
    If they meet the smoking loophole (even if they don't use it) I generally consider the entire place a "bar" and won't carry in there. If it's a bar/grill or restuarant I carry, but don't go in the "bar area". In some places there is a wall as some prior posters have said, but in some it's just the line of bar stools around a bar in the middle of the place. Don't sit in the bar stools, don't order anything from the bar counter and you should be OK.
     
  10. Usingmyrights

    Usingmyrights Jr Member

    2,800
    0
    Jul 4, 2005
    Jacksonville, FL
    There's one restraunt near me where probably 30% of the seating is in the "bar area" not counting the bar itself. Also I think the thing about the smoking has to do with the bar vs restraunt issue. So if you can smoke then its concidered a bar and a no go.
     
  11. Usingmyrights

    Usingmyrights Jr Member

    2,800
    0
    Jul 4, 2005
    Jacksonville, FL
    Anyone know what Aromas in Jax is concidered? I would assume a bar. Its mostly a cigar lounge, but they do serve food and drinks.
     
  12. MiamiE

    MiamiE

    241
    0
    Oct 18, 2005
    South Florida
    Its called 'concealed' carry for a reason. What no one sees no one knows. Be smart, safe, and dont drink. ;)
     
  13. Gmountain

    Gmountain

    472
    0
    May 8, 2004
    Florida
    Are you suggesting that it is okay to carry in prohibited places as long as no one knows?
     
  14. MiamiE

    MiamiE

    241
    0
    Oct 18, 2005
    South Florida
    What I am saying is I carry wherever I feel I may find a threat on my life or my families life. You decipher that however you please.
     
  15. Gmountain

    Gmountain

    472
    0
    May 8, 2004
    Florida
    It sounds to me like you really have no interest in being a law abiding citizen. If you feel you have to carry in bar, where you know it is illegal, then you should stay out of bars.
     
  16. chad10mm

    chad10mm Time to shoot

    97
    0
    Feb 2, 2005
    FL
    MiamiE:
    It’s not my business where you decide to carry. Your choices are your own responsibility.
    I once had the thought that permit holders carrying in prohibited places would hurt us all if they were caught, but realized the ease with which the rest of us could say that the busted permit holder was obviously not someone who should have had a permit in the first place.

    Honestly, I abhor the idea of needing a permit at all, but since we’re stuck with it for now we make the best of it.

    I am also a great fan of the 1st amendment.
    It would be completely against my nature to tell anyone what they should or shouldn’t say.

    So I have no problem with what you say, and I expect the same.

    Whenever I become aware…in conversation, internet forums or any other venue…of anything promoting illegal action regarding firearms, I will speak against it, the main reason being that there are new-to-the-whole-thing people that take what they hear and read seriously. I’d like to see them get a balanced view and a fair start.

    In response to the “concealed is concealed” attitude when referring to places that carrying is prohibited, I say be damn sure you understand the consequences.
    And also, it’s a damnfool thing to do.
     
  17. MiamiE

    MiamiE

    241
    0
    Oct 18, 2005
    South Florida
    I understand and respect your opinions, and would recommend everyone follow the laws set before us by the State of Florida.
     
  18. Gmountain

    Gmountain

    472
    0
    May 8, 2004
    Florida
    I'm curious though-why would you carry in a bar, knowing it is against the law. Isn't it easier not to go into the bar?
     
  19. MiamiE

    MiamiE

    241
    0
    Oct 18, 2005
    South Florida
    I dont frequent bars or clubs at all, but if and when I do I will have a decision to make. It may not be the 'right' thing to do in accordance to the law, but I like to consider myself a law abiding citizen. :hugs:
     
  20. Gmountain

    Gmountain

    472
    0
    May 8, 2004
    Florida
    But by definition, if you bring a gun to a bar, you are NOT a law abiding person.