A quick question

Enjay · Jun 28, 2011

I was perusing the SC laws listed on handgunlaw.us and they had this to say:

Carry in Restaurants That Serve Alcohol
NO
Note: What is defined as carry in a restaurant that serves alcohol is a place like Friday?s or Red
Lobster. This may or may not mean the bar or the bar area of a restaurant. But you can carry your
firearm into a restaurant that serves alcohol and sit and eat. Handgunlaw.us recommends you not sit
at the Bar or in the Bar area of such restaurants. In some states it is illegal to be in the Bar area of
such restaurants. Handgunlaw.us believes you should never consume alcohol when carrying your
firearm. In some states it is illegal to take even one drink while carrying a firearm.

While I wholly support not mixing alcohol and guns, the rest of the advice is against what I understood the law to say. No means NO, not at all, if you are carrying do NOT go to a restaurant that serves alcohol.
Am I wrong?

Schultz · Jun 28, 2011

Enjay said:
While I wholly support not mixing alcohol and guns, the rest of the advice is against what I understood the law to say. No means NO, not at all, if you are carrying do NOT go to a restaurant that serves alcohol.
Am I wrong?

Nope your not wrong.

ConditionOne · Jun 28, 2011

My CCW instructor touched on this, and said the SC law is not very well defined. While you and I may read the law one way, that's not necessarily the way an attorney or judge would read it.

My instructor said that short of a re-write of the law, what was really needed was a legal test case. He made the point that if you didn't want to devote the time and money to being that case, and risk being found guilty of violating the law in court, you should just avoid carrying in establishments which serve alcohol. This seems like the safest course of action to me, and so I follow his advice.

I look forward to having the law clarified, and hopefully sooner rather than later.

Low Branch · Jun 28, 2011

Wasn't this addressed in a proposed law this year that did not pass? Tennessee has it right, carry in restaurants with alcohol as long as you do not partake.

russell97ta · Jun 28, 2011

Pretty much cut and dried. No guns in alcohol serving restaurants. I just avoid (as much as possible) those restaurants. Hopefully, we can get this part corrected soon.

SECTION 16-23-465. Additional penalty for unlawfully carrying pistol or firearm onto premises of business selling alcoholic liquors, beers or wines for on premises consumption.

In addition to the penalties provided for by Sections 16 11 330 and 16 23 460 and by Article 1 of Chapter 23 of Title 16, a person convicted of carrying a pistol or firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both.
In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, must have his concealed weapon permit revoked.

Enjay · Jun 29, 2011

Thanks guys. I do remember the question being raised in my ccw class about sitting outside the restaurant and eating, like on the sidewalk tables, because it's not technically inside the restaurant but in that case I think even then I'd leave it in the car just to be safe.

Unfortunately I can see myself just beebopping into a restaurant and having an OH SH!T moment about half-way through my meal and having to run out to disarm myself. *sigh*
Anyone able to recommend a good Greek place that doesn't serve alcohol? All of mine have just been eliminated.

Glockrunner · Jun 29, 2011

OK you got that right BUT, here in SC our Liceseing Board also grants licenses for the consumption in some General Stores too. Yep, I couldn't believe it, there I was with my stuff on and discussing CWP stuff with the owner (a friend) and in comes Uncle Bob. Orders his daily beer and plops right down to chew the fat with us.

I mentioned I didn't know his store had a license for consumption so, he pointed it out. WOW, right there on the wall amougst all the other triva!

Premises were not posted and nor will they be. He simply don't believe in it but it can make use law abiding citizens a criminal if ya don't know where ya shop.

Be careful and have fun. Yea, I still visit, safest place around I know of!

fiundagner · Jul 27, 2011

I understand the law states that you cannot conceal carry in a restaurant that serves alcohol for consumption on premises. However whenever I think about it or consider it I am reminded of 1) the Lubys shooting in 1991 ( http://en.wikipedia.org/wiki/Luby's_massacre) and 2) it is the extremely rare emergency situation that is considerate enough to warn you far enough ahead of time to allow you to leave the area and/or retrieve you weapon. Now, having said that, I make my own judgments about carrying a weapon into establishments that serve alcohol, and urge you to make your own. (Mandatory Disclaimer: I am not, in any shape manner or form, advocating that you disregard of break the law in any way)

thebrasilian · Jul 27, 2011

Enjay said:
Thanks guys. I do remember the question being raised in my ccw class about sitting outside the restaurant and eating, like on the sidewalk tables, because it's not technically inside the restaurant but in that case I think even then I'd leave it in the car just to be safe.

Unfortunately I can see myself just beebopping into a restaurant and having an OH SH!T moment about half-way through my meal and having to run out to disarm myself. *sigh*
Anyone able to recommend a good Greek place that doesn't serve alcohol? All of mine have just been eliminated.

I don't think this would work. Usually you have to enter the establishment before you're seated outside. I wouldn't test it.

fordnut · Jul 27, 2011

To me It is very hard to follow all the laws about CWC. I have been in the bank....and then I relize that I am carrying...What do you do...???

When I ride my Harley Davidson, I am armed...Period. I just have to stay out of places that are off limits to me and my weapon.

I have ridden in Poker Runs on the bike. They usually have the stops at bars...who ever thought about this idea...motorcycles and boose....but, I have to go inside to pick up my playing card. I go in, get my card and walk right back outside...They won't let anyone else get you card...

I think you just have to keep your head, and remember what you are doing...and be safe...

Steve

ConditionOne · Jul 27, 2011

fordnut said:
To me It is very hard to follow all the laws about CWC. I have been in the bank....and then I relize that I am carrying...What do you do...???

As far as I'm aware, carrying in a bank isn't illegal in SC unless they have the appropriate signage. I bank with BB&T, and use their downtown Columbia location every so often. They do have a sign posted, but it doesn't meet the legal requirements. I don't disarm when I bank there.

Treedodger · Jul 27, 2011

NC has the carry ban in banks. No problem in SC.

Range Mistress · Jul 27, 2011

SC Law is VERY clear, if the premises has a license for the on premises consumption of alcohol, you may not carry. Understand that if you choose to violate this law, you are guilty of a General Sessions misdemeanor (read expensive). Furthermore, certain provisions of Castle Doctrine do not apply to one who is violating the law at the time. Go forth and make good decisions.

Frost · Jul 28, 2011

How about drug stores that give Flue Shots?

Enjay · Jul 28, 2011

I find that confusing too, especially since some pharmacies now have medical services provided by physician assistants, nurses/nurse practitioners and, in some cases, physicians. I have decided that I won't be taking my weapon in to the pharmacies that have retail clinics. Stores that I am aware that have retail clinics are Target (not in SC yet) Walgreens, Rite Aid. I'm sure that there are more, so it's something to look out for.

lafayette gregory · Jul 28, 2011

Frost said:
How about drug stores that give Flue Shots?

But its not a Doctor office or a medical facility.

Frost · Jul 28, 2011

Dang it!
Another gray area that is left to interpretation.

lafayette gregory · Jul 28, 2011

I hope the restaurant issue gets resolved :evil: I had to disarm in Red Bowl in Greenville yesaterday. The place was packed and I was uncomfortable the entire time I was in there.
When you have to disarm, it feels kinda like those dreams where you are walking around naked and everybody else has clothes.
Uneasy, paranoid and insecure. Maybe I need to see a therapist :lol:

fordnut · Jul 28, 2011

Hey Buddy...you have them walking around naked dreams much????

Really though...I don't go where I can't carry unless there is no other choice.

Steve

Frost · Jul 28, 2011

I agree you should see a therapist.
Go look in the mirror and tell yourself to take two aspirin and call in the morning.

Seriously I am with you brother.
There are times there is no viable choice.
I don't feel naked but I do feel uneasy and lopsided.
I feel like I am going to fall over from the weight imbalance.