Posted: 11/1/2002 8:51:44 AM EDT
| I live in Miami, FL and I have a quick question for FL CCW holders or anyone else that can help. If I am concealing a weapon, is it legal to have a brewsky or two at the local restaurant? I know you can't get legally intoxicated and I also know you can't enter the section of the establishment, which sole purpose is the sale of alcohol. But with that aside, what are the rules? Thanks. |
| 790.06(12) – No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any area vocational-technical center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. |
| I appreciate your time Phil, but unfortunately that doesnt answer my question. This part; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;; is very confusing, but it ultimately allows you to bring the firearm into the restaurant, as long as you don't bring it into the bar section or the restaurant. This is b/c the restaurant is not "primarily devoted" to dispensing alcohol. All of this is, of course, negated if the restaurant has posted a sign denying entry with a concealed weapon. |
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You can go into a place that serves alcohol, as long as that is not the primary source of income. For example, you can carry into an Applebee's bar and grill, but you cant go sit at the bar. You have to be eating. As far as having a few drinks, you cannot be under the influence of alcohol. You dont have to be drunk. The same as you can get arrested for DUI (driving under the influence [alcohol, drugs, etc]) the same as DWI (driving while intoxicated). Also, if you had anything to drink, drunk or not, and had to use your weapon, it opens up all kinds of possibilities for legal trouble. Here in N FL we have it pretty good. The State Attorneys office really is just concerned with whether or not its a justified shoot or not. As long as your not obviously drunk, thats usually not a consideration. That doesnt mean it might not haunt you in civil court. Regardless, if you are carrying, its best not to drink at all. |
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Under the Influence means anything that might affect your body. You dont have to be drunk. If you drink 1 beer, then you are under the influence. Even perscription meds like pain killers, or anything that has those lovely little stickers saying not to drive or operate machinery, etc. Dont ya just love those. A worthless civil attorney MIGHT use that against you, though I cant recall it happening up this way. Just one of those things that you have to be careful about, and as with most things, you have to use your own judgement to make the call. |