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Discussion Starter · #1 ·
Hey folks, finally back from the Peoples Repulik of Kalironia and sooooo glad to be home. Quick question for the masses and more importantly the laywers...

Today me and the Mrs are going to a private party being held in a bar that is closed on Sundays. The party is being hosted by the bars owners and is strickly an invitation only event. There will be no booze sales and there is no fee to attend the party whatsoever. So my question is.... Is it legal to carry to this? And just to rule out the "don't drink and carry" concerns, I'm staying dry so the wife can enjoy, she needs to let loose a bit (had to put down her 14 year old dog yesterday :cry: ).
 

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Doesn't the law simply state something about places that sell alcohol by the drink being prohibited rather than that applying only when alcohol sales are taking place?

My totally non-attorney opinion is I think you would be in violation.

It's only a crime if you get caught and it sounds like the odds of that happening are slim to none.

But making a risk vs. reward assessment, ya got to admit the risk is pretty significant should you be caught and it is indeed a violation...
 

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I'd imagine it is like the school provision.

Regardless of if it is in session or summer break, felony for you.
 

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Was alcohol for sale on the premises or not?

If not, I don't see the confusion. Carry.

Heck, Wal-Mart could conceivably sell alcohol for consumption on the premises a year from now... but when I was in there last night, they weren't. The law doesn't say "any place that has a license to sell alcohol". Nor does it specify if they have ever had a license to do so. If no alcohol was for sale, it is not prohibitive.

In my opinion. I think I'm right.

Even if it were somehow illegal, it would be a misdemeanor, not a felony. Felonies are just for public transportation or school zones... not carrying in places that serve booze.
 

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Discussion Starter · #5 ·
During the party alcohol was not for sale but was available free of charge as well as soda and food. Like I said it was a private party given by the bar owner for invited guests only. Personally I don't think it would have been a problem to carry but I left it in the car just in case. We had a great time and got a couple of cool items from the "chinese" gift exchange.
 

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Sledgehammer
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Sorry, I did not check in until this morning, so my 2 cents worth is purely academic. I think Macktee is correct. The law describes the place, not the activity. It does not say a place where alcohol is being sold for consumption on the prmises. It says a place that sells alcohol for consumption on the premises.
 

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Rammstein said:
I'd imagine it is like the school provision.

Regardless of if it is in session or summer break, felony for you.
Wait a minute......carrying at a place that serves alcohol is a FELONY? So, when I get down there I can't carry at any decent restaraunt without committing a felony? I thought that was only a misdemeanor, like hte public gathering law??
 

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Sledgehammer
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Carrying in a bar is a misdemeanor. Carrying at a school (Rammstein's example) is a felony.

While I can understand your concern about the severity of the crime, I'm not sure I'd subscribe to the theory that it's okay to carry in a bar because it's "only a misdemeanor." Conviction of a weapons charge could change a lot of things for you. Plus, the hassle of being a criminal defendant in any case is quite a burden.
 

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Warp said:
Rammstein said:
I'd imagine it is like the school provision.

Regardless of if it is in session or summer break, felony for you.
Wait a minute......carrying at a place that serves alcohol is a FELONY? So, when I get down there I can't carry at any decent restaraunt without committing a felony? I thought that was only a misdemeanor, like hte public gathering law??
I meant that school carry is a felony.

Sorry for the confusion.
 

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jrm said:
Carrying in a bar is a misdemeanor. Carrying at a school (Rammstein's example) is a felony.

While I can understand your concern about the severity of the crime, I'm not sure I'd subscribe to the theory that it's okay to carry in a bar because it's "only a misdemeanor." Conviction of a weapons charge could change a lot of things for you. Plus, the hassle of being a criminal defendant in any case is quite a burden.
Sounds an awfule lot like the reasoning behind the decision made by the woman at Luby's when she left her gun in the car.

It's too bad that living in a truly free, gun friendly state is no longer and option for me. :(
 
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