Posted: 3/3/2009 9:36:28 AM EDT
| i went to go pick up my GFL the other day from the courthouse, and i struck up a conversation with a really nice lady behind the counter. i was going to ask her about the "Prohibited from carrying at any business the serves alcohol" on the paper's she gave me, but she corrected me and said there is another paper in the stapled group of papers that noted the HB 89 which changed that. but she then went on to tell me that a lawyer in Augusta told them that you can now carry in a business that serves alcohol, but you MAY NOT sit at the bar or anywhere near the cash register by law. is that true? |
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i went to go pick up my GFL the other day from the courthouse, and i struck up a conversation with a really nice lady behind the counter. i was going to ask her about the "Prohibited from carrying at any business the serves alcohol" on the paper's she gave me, but she corrected me and said there is another paper in the stapled group of papers that noted the HB 89 which changed that. but she then went on to tell me that a lawyer in Augusta told them that you can now carry in a business that serves alcohol, but you MAY NOT sit at the bar or anywhere near the cash register by law. is that true?  Where do these people get this stuff at?
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You can't consume alcohol. You can eat at the bar all night long. Cash registers are not even mentioned in the law. I thought there was a 50% rule? If ~50% or something of the establishment's income was from alcohol, carrying was a 'no no'. I thought that under that rule, Resturants that served were ok, but a "bar" would be verboten. |
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Um... it's not that fuzzy. You CAN sit at THE the bar in a restaurant whilst packing heat. You CAN NOT sit in A bar- a place that serves mainly alcohol nasty food that you wouldn't normally eat unless drunk. It's all about articles. Get it?  I don't think I want to argue articles with a cop while trying to watch the game and eat a steak... |
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O.C.G.A. ยง 16-11-127 (f) A person licensed or permitted to carry a firearm by this part shall not consume alcoholic beverages in a restaurant or other eating establishment while carrying a firearm. Any person violating this subsection shall be guilty of a misdemeanor. Monk |
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so in other words...
you are able to carry in a place that serves alcohol as long as you dont consume it. such as an Applebee's, Chili's, ect... but you are not able to carry in a place that just serves alcohol? such as a pub, bar, ect... please correct me if i am wrong. *edit* but you may not EVER consume while carrying, correct? |
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so in other words... you are able to carry in a place that serves alcohol as long as you dont consume it. such as an Applebee's, Chili's, ect... but you are not able to carry in a place that just serves alcohol? such as a pub, bar, ect... please correct me if i am wrong. *edit* but you may not EVER consume while carrying, correct? you are correct. |
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<devil's advocate> So if I'm at a restaurant and want a beer, I hand my pistol over to my wife who doesn't drink, and then have a beer with dinner. When I've finished my beer, my wife hands my pistol back to me. All is well. </devil's advocate>  Let us know how that works when the ONE semi-observant sheeple notices you passing a gun back and forth. Better yet, hand the gun to your wife while you take a drink, then get it back. do this every time you sip from the beer. Then, if a cop sees you in possession of a firearm while drinking, well, the joke's on him because "I'm not drinking it right now, officer, it's just sitting on the table by my plate. When I consume it, my wife holds the gun." This could be fun. 
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| There is an easy way to tell if the establishment is a bar or a restaurant. Bars are not allowed to open on Sunday anywhere in the state of Georgia. So if the establishment in question is open on Sunday, you are GTG for licenced carry as long as you don't consume alcohol while carrying. It would be extremely ill advised to give your gun to another GFL holder while you have a drink and then have them hand it back to you after your drink. If you were somehow caught, I think any judge would rule that it constituted drinking while carrying. |
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*edit* but you may not EVER consume while carrying, correct? That does not appear to be the case. Quoted:
O.C.G.A. ยง 16-11-127 (f) A person licensed or permitted to carry a firearm by this part shall not consume alcoholic beverages in a restaurant or other eating establishment while carrying a firearm. Any person violating this subsection shall be guilty of a misdemeanor. Monk From the letter of the law, it appears you can consume alcohol anywhere other than a restaurant or other eating establishment. You can go to a friend's house or your own house, and it appears you're GTG. |
Support HB 615 and the only places that need concern you are the portion of a building that houses a courtroom, jail, or prison.
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Support HB 615 and the only places that need concern you are the portion of a building that houses a courtroom, jail, or prison. And the chances of this passing.... 1 in a million? or 2 million? |
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I believe the chances are quite good. I heard a lot of the same talk last year when GCO pushed to have restaurants, mass transit, and state parks added to HB 89 (some of that talk was from legislators!), but now everybody thinks it was just easy and a foregone conclusion.
Let me state that through consistent education efforts at the Capitol, people there are beginning to realize that there are major problems with Georgia law that only a comprehensive bill can fix. I will reiterate that I think the chances are quite good, but it is going to take up most of the two year session (just like HB 89 did in 2007-08). It is going to take work and consistent effort by polite people who advocate for the right to bear arms. |