Conceal Carry ?

[Vettecor]

The law says the following about conceal carry restrictions and alcohol:

Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises , which portion of the establishment is PRIMARELY devoted to such purpose.

We go to the Saeger Theatre quite often to see concerts. They do serve alcohol. According to the above law it says PRIMARELY devoted to such purposes.

So the way I'm reading it since the theatre primary business is NOT alcohol consumption (like a bar) I could conceal carry to the theatre.

Am I wrong ?

Thanks

[crazyphil]

Good laws are not about where you are, but what condition you are in.
It is not a good idea to consume alcohol any time you are carrying a
gun, either concealed or otherwise.

[Valistar]

That would be up to the judge if you had to go to court...chances are that decision would not go in your favor. Not worth the risk in my opinion.

Valistar

[bigwheelzip]

Originally Posted by Vettecor

Am I wrong ?

Perhaps a mention of which state you are inquiring about would lead to an accurate answer.

[murphydog]

You didn't say if you were concerned about the location or consumption? A call to the local police or sheriff would likely resolve the first question and I tend to agree with the not drinking idea if the latter. Stay safe out there.

[The Big D]

No idea what state you're in; cannot answer your inquiry for that reason. BTW, a quick search found there is a Saeger Theatre in at least three (3) states.

Be safe.

QUOTE=Vettecor;139458588]The law says the following about conceal carry restrictions and alcohol:

Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises , which portion of the establishment is PRIMARELY devoted to such purpose.

We go to the Saeger Theatre quite often to see concerts. They do serve alcohol. According to the above law it says PRIMARELY devoted to such purposes.

So the way I'm reading it since the theatre primary business is NOT alcohol consumption (like a bar) I could conceal carry to the theatre.

Am I wrong ?

Thanks[/QUOTE]

[Vettecor]

I'm in Florida and by the way I NEVER consume any alcohol when I'm carrying.

[MCorps0311]

Alcohol is another word for short temper. Just like the law say don'drink alcohol and drive. Don't carry and drink is good advice.I'm just saying it's my opinion!

[Smoke]

Originally Posted by crazyphil

Good laws are not about where you are, but what condition you are in.
It is not a good idea to consume alcohol any time you are carrying a
gun, either concealed or otherwise.

The OP didn't say anything about consuming alcohol. He wants to know if he can carry in a place that serves alcohol.

[Smoke]

Originally Posted by Vettecor

The law says the following about conceal carry restrictions and alcohol:

Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises , which portion of the establishment is PRIMARELY devoted to such purpose.

We go to the Saeger Theatre quite often to see concerts. They do serve alcohol. According to the above law it says PRIMARELY devoted to such purposes.

So the way I'm reading it since the theatre primary business is NOT alcohol consumption (like a bar) I could conceal carry to the theatre.

Am I wrong ?

Thanks

A couple of questions:

Is the theater posted? Do they search concert goers going in?

If it's posted and you get caught I suspect the fact that they also sell alcohol would make things harder on you.

If it's not posted and they don't search go ahead.

[Arik]

Guys, this isn't about drinking. The OP simply wants to know if it's legal for him to go to this theater while carrying. This isn't about drinking, it's about carrying. I can't answer this because we don't have this law.

Sent from my XT1650 using Tapatalk

[Vettecor]

Our Saeger Theatre here in Pensacola has one uniformed cop during concerts and he stands right by the front door most of the time. There may be plain clothes security but who knows.

During rock concerts sometimes it can get pretty rowdy. I have never seen anybody get ejected or told to calm down. I have never carried inside the theatre but reading the law regarding alcohol and conceal carry its a little vague. I know you can't ever conceal carry when entering a bar or nightclub.

When walking to or from the theatre you get a few homeless people approach you asking for money. I have always been fortunate to not be in their shoes so I will give money at times BUT I never pull out my wallet.

My feeling is that if the law states that you can carry into the theatre even though they serve alcohol, why not do so ?

[Vettecor]

Originally Posted by Smoke

A couple of questions:

Is the theater posted? Do they search concert goers going in?

If it's posted and you get caught I suspect the fact that they also sell alcohol would make things harder on you.

If it's not posted and they don't search go ahead.

No searches, no postings.

[Vettecor]

Originally Posted by Smoke

A couple of questions:

Is the theater posted? Do they search concert goers going in?

If it's posted and you get caught I suspect the fact that they also sell alcohol would make things harder on you.

If it's not posted and they don't search go ahead.

No searches, no postings. The cop is about 20 feet away when entering the theatre.

[RobzGuns]

It seems to me that the theater's MAIN income (more than 50%) is not the sale & consumption of alcohol... but from ticket sales... But that's an educated guess. If there's no (Legal) signage stating No Firearms, it's probably okay to carry during an event.

In Texas, if an establishment earns a majority of its income from the consumption of alcohol on the premises, they must prominently post a '51%' Sign. For example: Chili's sells alcohol, but the sale & consumption of alcohol is NOT their main source of revenue, so it's legal (in TX) to carry in their restaurants. OTOH, Bars, 'Brew House' restaurants, Winery/restaurants, etc, that do make a majority of their income from the sale & on-site consumption of alcohol, do post a '51%' sign.
(I write 'On-Site' consumption to differentiate from Liquor Stores, who sell alcohol, but not for 'On-Site' consumption. It is legal [in TX] to licensed conceal carry in a Liquor Store)

[haywood]

I read it as if I stay away from the Bar I'm good to go. Unless there is a sign saying no CCW.

[Protected One]

Originally Posted by Vettecor

The law says the following about conceal carry restrictions and alcohol:

Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises , which portion of the establishment is PRIMARELY devoted to such purpose.

We go to the Saeger Theatre quite often to see concerts. They do serve alcohol. According to the above law it says PRIMARELY devoted to such purposes.

So the way I'm reading it since the theatre primary business is NOT alcohol consumption (like a bar) I could conceal carry to the theatre.

Am I wrong ?

Thanks

Seems to me you are not wrong. There's a trend among theatres today of adding bars to their concessions areas, but the sale of alcohol IS NOT the primary purpose of the theatre, nor is it their largest income.

[SMSgt]

It's simple: Per FL law, you are allowed to carry in the theater. It is not a bar, tavern, or a place that comprises 51% of its income from serving alcohol.

Also per FL law (790.15), you are allowed to drink while carrying, but that comes with inherent risks.

[Valistar]

In VA, you can carry in clubs and restaurants but are not allowed to drink, as soon as you take one drink it's a misdemeanor.

Valistar

[old bear]

Vettecor, if you want the best answer. Contact the local D.A's office or hire a private attorney to research the answer. The Internet is a great place, but it's not a great place to get specific legal advise.

[Bpx4st]

For what it's worth, RobzGuns brings out the point I was going to about restaurants & alcohol. In TN, unless the establishment is posted, you can carry in them...but not consume.
Theaters here don't serve alcohol but don't allow firearms sooooooo, Redbox, Netflix & Starz, it is for me!

Sent from my SM-T377P using Tapatalk

[SilentKnight]

I drink at home for the most part because that is safer, legal, and is protected by the Castle Doctrine. Most of the time, when I take my wife to a dinner out it is to a fine dinning place where there is little concern for a violent situation. Knowing your location, environment, the clientele, and the local laws are essential. We may have a glass of wine with dinner but never go overboard because we have to drive too. Be on the good side of the law when it comes to alcohol, be below the limits, be responsible. I can carry in my State anywhere except schools and government buildings including Post Offices. I do a "threat analysis" on the places we go for entertainment. We do not like crowds or places where you cannot carry. We like to entertain in our home with people we know. Just as we retreat at the first sign of a bad situation, we preview the places we go so we avoid hostile environments as best we can. The last thing you want to do is pull the trigger... and it will be in the gravest extreme... not because we were looking for trouble.

[Vettecor]

Originally Posted by old bear

Vettecor, if you want the best answer. Contact the local D.A's office or hire a private attorney to research the answer. The Internet is a great place, but it's not a great place to get specific legal advise.

Hire a private attorney to research the answer, really ? Maybe the laws here in Florida shouldn't be so vague.

I will try calling the D.A's office next week to see what they say. Thanks for the advice.

[Tradewind36]

I regularly carry every time I visit the Saenger Theater in Pensacola, based on my understanding of Florida law.

If I plan to have a drink there or at one of the local establishments I don't carry.

Fl Statute 790.06 (12) (a) 12

[Vettecor]

Originally Posted by Tradewind36

I regularly carry every time I visit the Saenger Theater in Pensacola, based on my understanding of Florida law.

If I plan to have a drink there or at one of the local establishments I don't carry.

I'm going to Saenger on 06/02/17, to see Brit Floyd. This will be the third year in a row going to see this band.

If you love Pink Floyd and Brit Floyd comes to a city where you live go see them. Its the same songs Pink Floyd sang. They are fabulous and the laser light show is unbelievable !!!

[joeintexas]

It would appear Florida law and Texas law concerning this are very much alike. If the establishment obtains 51% of its income from alcohol and posts a 51% sign, you can't carry, if not, you're good to go. In your case with street people you have to walk through to get to your car I can see the desire to be armed. Here, if we go to a steak house we know they serve booze but it is not the primary source of income, CC goes in with me, a brew house...no. I'd say you are good to go at the theater.

[Vettecor]

Thanks guys for all the replies and advice.

[Tradewind36]

Originally Posted by Vettecor

I'm going to Saenger on 06/02/17, to see Brit Floyd. This will be the third year in a row going to see this band.

If you love Pink Floyd and Brit Floyd comes to a city where you live go see them. Its the same songs Pink Floyd sang. They are fabulous and the laser light show is unbelievable !!!

This will be my third year also, picked up ticket Wednesday, great show!!

Sorry for the thread hijack guys.

[Smoke]

Originally Posted by Vettecor

I will try calling the D.A's office next week to see what they say. Thanks for the advice.

Odds are the DA will just tell you no.

[snowman]

Originally Posted by Smoke

Odds are the DA will just tell you no.

I would tend to agree with the above assessment. I think you would more likely get an unbiased, authoritative answer from your state attorney general. Here in Ohio, the AG is required to provide all new permit holders with a booklet which thoroughly explains state CCW/self-defense law, in plain English. As I recall(warning: my memory isn't what it used to be) it is distributed by sheriff's offices and those who teach the required CCW class. I'm also thinking that a new booklet is issued at each renewal.

Of course things may be different in your state. If so, you may still call the AG's office and see if they will email you the correct information.

Regards,
Andy

[Whitwabit]

our law reads if over 50% is made on booze no CC .. but I have gone into several steak houses and eaten while CCing with out problems .. I did not drink anything alcoholic as I never do while carrying !!

But going into a place that is just a bar is not allowed ..

So think you would be ok unless the building was posted as no Firearms ..

[Lee's Landing Billy]

In S.C. you can carry in a place that serves alcohol...if you do not consume...if it is not posted.

[tx40d]

For Texas (where I live) I use these guys (Texas Law Shield | Firearms Legal Defense Program) for similar questions and information. If I were you, I would look around and see if you have anything similar near you where an attorney familiar with local/state laws can give you a more definitive answer.

[crazyphil]

Originally Posted by Smoke

The OP didn't say anything about consuming alcohol. He wants to know if he can carry in a place that serves alcohol.

My point was/is that it should be alright to be carrying in a
place that serves alcohol so long as you are not drinking alcohol.
If you are in a bar drinking a Shirley Temple I believe you should
be ok. On the other hand, if you are sitting in church, plastered,
then you are in violation.

[Grayfox]

IF you are carrying AND IF you get caught doing so AND IF you yourself haven't had any alcohol, I'd say it would mostly be a judgement call on the part of the investigating officer. Doesn't matter if you're right or wrong. Get the wrong cop and he could make your life miserable, loose your gun, maybe your carry permit and spend a whole lot of money on lawyer fees just to prove you're innocent.

Your call.

[SOS24]

My understand of the law is that you should be ok in the theater, but wouldn't be in the bar area, but I am not a lawyer.

In addition to trying to contact the DA, you could also try calling the State Police to get a more official answer than just our opinions.