# Please help with this law.



## john doe. (Aug 26, 2006)

This is the write up for the state of Montana in regards to CCW in prohibited places. My question lies in the bolded portion. Would this include a restaurant where alcohol is sold? What's your take on this.

45-8-328. Carrying concealed weapon in prohibited place -- penalty. (1) A person commits the offense of carrying a concealed weapon in a prohibited place if the person purposely or knowingly carries a concealed weapon in:
(a) portions of a building used for state or local government offices and related areas in the building that have been restricted;
(b) a bank, credit union, savings and loan institution, or similar institution during the institution's normal business hours. It is not an offense under this section to carry a concealed weapon while:
(i) using an institution's drive-up window, automatic teller machine, or unstaffed night depository; or
(ii) at or near a branch office of an institution in a mall, grocery store, or other place unless the person is inside the enclosure used for the institution's financial services or is using the institution's financial services.
*(c) a room in which alcoholic beverages are sold, dispensed, and consumed under a license issued under Title 16 for the sale of alcoholic beverages for consumption on the premises.*
(2) It is not a defense that the person had a valid permit to carry a concealed weapon. A person convicted of the offense shall be imprisoned in the county jail for a term not to exceed 6 months or fined an amount not to exceed $500, or both.


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## xd40c (Sep 10, 2007)

tnoisaw said:


> This is the write up for the state of Montana in regards to CCW in prohibited places. My question lies in the bolded portion. Would this include a restaurant where alcohol is sold? What's your take on this.
> 
> 45-8-328. Carrying concealed weapon in prohibited place -- penalty. (1) A person commits the offense of carrying a concealed weapon in a prohibited place if the person purposely or knowingly carries a concealed weapon in:
> (a) portions of a building used for state or local government offices and related areas in the building that have been restricted;
> ...


It seems you need to know what Title 16 has to say. Is that a law governing Restaurant/Bars or one that covers local clubs having an event at a rented hall??

Could go either way. Until I new more about Title 16, I'd assume it meant restaurants.


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## john doe. (Aug 26, 2006)

Well, Title 16 didn't help me much or I just don't want to think that it means I can't carry where alcohol is served ie.restaurants . The term "Public Place" is defined as, " _(18) "Public place" means a place, building, or conveyance to which the public has or may be permitted to have access and any place of public resort. _
http://data.opi.mt.gov/bills/mca_toc/16_1_1.htm


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## SuckLead (Jul 4, 2006)

Hate to tell you, man, but that is exactly what it says. It is telling you basically that if a place is selling alcohol for consumption with a legal liquor license than you can't carry there. I feel your pain; NC has the same rule.


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## Captain Crunch (Jul 4, 2006)

The law in Montana is clear. One may not carry a concealed firearm in an establishment that serves alcohol for consumption on the premises.

At first glance, the sentence that reads a "room" in which alcoholic beverages are sold, etc., etc., might be confusing, but "room" in this context means the entire establishment, meaning every place that has a liquor license, or a beer & wine license.

Bars, taverns, restaurants, casinos, and yes, even Pizza Hut.:mrgreen:


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## xd40c (Sep 10, 2007)

I carry alot up and down the east coast. Of the states I visit they all have the following restrictions:

No Gov't buildings
No Schools
No alcohol serving establishments

Seem pretty common.


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## john doe. (Aug 26, 2006)

WELL THAT JUST SUCKS!*:smt076*


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## K Bob (Sep 17, 2007)

In Texas the buisness has to derive 51% of thier buisnss from alchol sale before you can't carry in the establishment.


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## john doe. (Aug 26, 2006)

K Bob said:


> In Texas the buisness has to derive 51% of thier buisnss from alchol sale before you can't carry in the establishment.


It looks like I may need to get some clarification on this one. I'll let ya all know what I find out.


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## Captain Crunch (Jul 4, 2006)

tnoisaw said:


> It looks like I may need to get some clarification on this one. I'll let ya all know what I find out.


I'm not sure what clarification you need. Montana doesn't have any such 51% rule. Concealed carry is prohibited in anyplace serves booze, period.


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## Alaskan_Viking (Jun 13, 2006)

K Bob said:


> In Texas the buisness has to derive 51% of thier buisnss from alchol sale before you can't carry in the establishment.


I thinks theres a similar statute up here.


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## stormbringerr (May 22, 2007)

K Bob said:


> In Texas the buisness has to derive 51% of thier buisnss from alchol sale before you can't carry in the establishment.


yes,thats true,i think that would just be bars then.i cant think of any other establishment that would have 51% alcohol sales. can anyone think of any other place this would be.i always found this rule to be worded sort of strangely.
since i don't drink alcohol & never go to bars,i don't ever worry about this rule.


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## Tscott (Apr 6, 2007)

The 51% rule males very little sense. How are you supposed to know what % of a restaurants profits are made from alcohol. Am I supposed to ask to see the profit report before I ask for a table. The truth is that even with the 51% rule you still most likely can't carry in any restaurant that serves alcohol. If someone wants to press charges for you carrying in their place they will be able to. It's a sad thing. 

Tom


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## jpruett79 (Sep 23, 2006)

In WV you can carry in a place that sells alcohol even in bars. However i think unless a specific situation called for it you would be fullish to carry in a bar or club. Just cause they are tight spaces with a very large portion of the patrons clearly drunk. 

I can see NO reason at all for any state to prohibit a person from carrying into an applebees or another restaurant.


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## K Bob (Sep 17, 2007)

GC 411.204 Sub section C The sign must give notice in both English and Spanish that is unlawful for a person licensed under this subchapter to carry a handgun on the premises. The sign must appear in contrasting colors with block letters at least one inch in height and must include on it's face the number "51" printed in solid red at least five inches in height. The sighn shall be displayed in a conspicuous manner clearly visible to the public.


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## falshman70 (Jul 13, 2006)

In VA if you go into a restaurant that serves alcohol (assume 51% revenues therefrom) you have to go open carry.


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## shaolin (Dec 31, 2012)

xd40c said:


> I carry alot up and down the east coast. Of the states I visit they all have the following restrictions:
> 
> No Gov't buildings
> No Schools
> ...


GA removed those restrictions
FLA you can go in the restaurant portion but not sit at the bar


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