# Carry Limitations



## tropicmaster (Dec 20, 2009)

Not sure about where you live, but I believe this is pretty universal- In NC we are not allowed to carry concealed anywhere alcohol is served. No brainer you say, and once I would have agreed with you. But what about this-

You take your wife to dinner at a nice restaurant where they do serve alcohol, even though neither of you drink. Now you are faced with the parking lot late on a Saturday night in an unarmed condition. Once again you probably say no big deal. I used to think that until I researched some statistics and found out how many armed robberies occur in dark restaurant parking lots on weekend nights! Hard to find a restaurant around here that does not serve alcohol.

Here is another I dont understand- cannot carry in a bank. One place I would think you would be most in need of protection as you walk out, and you cannot. Granted a lot of banks have either rent a cops, or an actual off duty officer present, but I seem to always see them inside talking on a cell phone. rare to see one who actually looks like he is " on guard duty".

Maybe it is just me but neither of these rules seems to make a lot of sense


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## bruce333 (Sep 1, 2006)

They don't make sense. 

There have been several attempts to modify the "where served" law. Always dies in committee. 

Some others here in NC I don't like. No carry where admission is charged, this includes movie theaters. Then there is the flat out ban that is in place whenever a declared State of Emergency is called. Can't even leave your property with a firearm.


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## tropicmaster (Dec 20, 2009)

Wow I was not aware of the " state of emergency" clause! Possible rampant civil unrest and we cannot go forth armed? WTH. Not doubting you in the slightest, but are you sure? Only reason I ask is that my class is still fresh in my mind ( Christmas ) and that was not mentioned.

I dont get the " admission" clause either. What is the difference between being armed in a crowd at Target or at the circus, or a movie? It's ok at Target ( no sign, I was there today ), but not ok at the theater next door? Makes no sense.


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## bruce333 (Sep 1, 2006)

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_14.html


> 14‑288.7. Transporting dangerous weapon or substance during emergency; possessing off premises; exceptions.
> 
> (a) Except as otherwise provided in this section, it is unlawful for any person to transport or possess off his own premises any dangerous weapon or substance in any area:
> 
> ...


Just checked my book from the class and it doesn't mention it. Don't know why it isn't mentioned, except perhaps because it is a general prohibition instead of only a concealed carry prohibition. The majority of people I mention this to have never heard of it.


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## cougartex (Jan 2, 2010)

In Texas, if a restaurant (not a bar) gets less than 51% of revenue from alcohol you can carry. Also can carry in a bank.:smt082


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## cougartex (Jan 2, 2010)

Texas law has similar provisions: Government Code Chapter 433, State of Emergency:
Sec. 433.002. ISSUANCE OF DIRECTIVES. (a) After a state of emergency is proclaimed, the governor may issue reasonable directives calculated to control effectively and terminate the emergency and protect life and property....

(b) The directive may provide for:
(1) control of public and private transportation in the affected area;
(2) designation of specific zones in the affected area in which, if necessary, the use and occupancy of buildings and vehicles may be controlled;
(1) control of public and private transportation in the affected area;
(2) designation of specific zones in the affected area in which, if necessary, the use and occupancy of buildings and vehicles may be controlled;
(3) control of the movement of persons;
(4) control of places of amusement or assembly;
(5) establishment of curfews;
(6) control of the sale, transportation, and use of alcoholic beverages, weapons, and ammunition, except as provided by Section 433.0045; and
(7) control of the storage, use, and transportation of explosives or flammable materials considered dangerous to public safety.

You can find the law here: http://www.statutes.legis.state.tx.us/

GC 433.045 states that 
*A directive issued under this chapter may not authorize the seizure or confiscation of any firearm or ammunition from an individual who is lawfully carrying or possessing the firearm or ammunition.*

(b) A peace officer who is acting in the lawful execution of the officer's official duties during a state of emergency may disarm an individual if the officer reasonably believes it is immediately necessary for the protection of the officer or another individual.


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## Todd (Jul 3, 2006)

The restaurant rule absolutely kills me. Considering that you cannot drink and carry here in NC, then it seems overkill to not allow carry where alcohol is served. One more reason why I can't wait to get back to FL as, a long as you're not in the bar area, you can carry in restaurant that serves alcohol. I also wish it was a true CCW here like FL and not just a CCH. I'd like to be able to carry my throwing stars. :smt033

The bank thing doesn't bother me too much since I do 99% of my banking online or at the ATM. But it does seem stupid, like most of the rules here.


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## dosborn (Apr 17, 2009)

bruce333 said:


> No carry where admission is charged, this includes movie theaters. Then there is the flat out ban that is in place whenever a declared State of Emergency is called. Can't even leave your property with a firearm.


That's asinine! A duely and truly qualified CCW/CCH holder should be REQUIERED to be armed in a State of Emergency. That's when you carry the shotty.:mrgreen:


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## mikej997 (Jan 26, 2008)

The Colorado State government just had a bill that would repeal the part of the law that allows the governor to take away firearm rights during a state of emergency. I was initially excited about it. Predictably and unfortunately, it died in a democratic led committee. So did the bill about Colorado firearms not being subject to federal rules. 
I listened in on the committee meeting where they discussed the state of emergency clause and I heard a democratic senator say that pretty much the law doesn't really mean what it says and they won't really take away our firearm rights, so I vote no on this new law. The problem is that it is very plain in the law that the governor CAN take away our gun rights in a state of emergency.

Sorry about the rant. Back on topic...
In Colorado I can carry in a bar as long as I don't drink. I can also carry in a bank. In New Mexico a few miles away, I can't even carry in the mall there due to a Fudruckers restaurant that serves alcohol. They have some vague provision where you can't carry if you are in a building with a continuous path into an alcohol serving establishment. I hear they are trying to fix the law on that. Maybe someday...


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## TOF (Sep 7, 2006)

Restaurant, Bank and Theater carry are all allowed in Arizona. Bars and or Restaurants selling alcohol require a CCW and no consumption. We are working on additional improvements.

tumbleweed


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## BeefyBeefo (Jan 30, 2008)

TOF said:


> Restaurant, Bank and Theater carry are all allowed in Arizona. Bars and or Restaurants selling alcohol require a CCW and no consumption. We are working on additional improvements.
> 
> tumbleweed


Same here. :mrgreen:

Last I checked here, it was worded that you cannot be "under the influence." Anyone want to test that out? :watching::anim_lol:


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## SaltyDog (Jan 1, 2009)

bruce333 said:


> http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_14.htmlJust checked my book from the class and it doesn't mention it. Don't know why it isn't mentioned, except perhaps because it is a general prohibition instead of only a concealed carry prohibition. The majority of people I mention this to have never heard of it.


I wonder with the weather situation if that includes a snow emergency?

Like NC we have the same ruling in OH on the establishments that serve alcohol. We have a bill in committee right now to get rid of that but no movement yet. Hopefully they will not do like NC and it will pass.


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## kg333 (May 19, 2008)

Reading about what you guys have to deal with makes me glad to be in KY. :mrgreen:

According to KRS 235.115 (16)e:


> Except as provided in KRS 527.020, no license issued pursuant to this section shall authorize any person to carry a concealed firearm into:
> ...
> (e) Any portion of an establishment licensed to dispense beer or alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to that purpose;


So restaurants are OK as long as you aren't at the bar...considering the opinions of a lot of CCW people on drinking while carrying, this law makes sense to me. Also, banks and theaters aren't specifically prohibited, but since they're a private business, they can post signs and throw you out if you're found to be carrying.

I'm shocked by NC's laws on firearms in a state of emergency. For comparison, here's KY's take on it:



> http://www.lrc.ky.gov/KRS/237-00/104.PDF
> 
> (1) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, have the right to revoke, suspend, limit the use of, or otherwise impair the validity of the right of any person to purchase, transfer, loan, own, possess, carry, or use a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument.


If you click through, you can see this doesn't affect the usual confiscation of stolen firearms, etc., but otherwise they can't touch our guns in an emergency. I'm not sure how it would hold up in practice, but it's good to know the protection is there.

KG

P.S.


Todd said:


> I'd like to be able to carry my throwing stars. :smt033


 :smt171

:smt083


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