Liquor Stores

Discussion in 'GA Laws and Politics' started by gunsmoker, Dec 20, 2005.

  1. gunsmoker

    gunsmoker Lawyer and Gun Activist

    24,122
    71
    48
    If you own or manage a liquor store (you sell booze, but NOT for consumption on your property), can you carry a firearm, or keep one behind the counter, for the protection of your life, the lives of your customers, and the prevention of other serious felonies against your business?

    Or is there a law, rule, or administrative regulation prohibiting it?

    I know that the "public gatherings" law, 16-11-127 would not apply to a liquor store, but what about something found in O.C.G.A. Title 3, regarding alcoholic beverages, or the licensing regulations promulgated by the state Board?

    I was talking to the owner of a liquor store today, who told me that he's forbidden from having a gun on the premises, due to some special law that only applied to holders of alcoholic beverage licenses. He said that if the liquor law inspector ever caught him with a gun on the property, he could lose his business license. Could this be true? Does the state of Georgia really have a policy mandating that liquor store clerks be shot to death execution-style, begging for their lives, unable to effectively resist?
     
  2. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,081
    253
    83
    I have never heard of any such thing, and I have provided security to liquor stores before. I was armed and so were the owners. It is very typical for owners of such businesses to be armed (like pawn shops, you just expect it).

    It might be that the owner was confusing the public gathering law.
     

  3. atlctyslkr

    atlctyslkr New Member

    25
    0
    0
    If my place of business is a bar then can I carry?

    16-11-126.
    (a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.

    What about someone who works at a church? A state/local government employee?
     
  4. ICP_Juggalo

    ICP_Juggalo Active Member

    1,923
    0
    36
    Malum has a caselaw posted on this forum somewhere that addresses employees packing while at work. I don't remember it word for word, but I believe the jist was that you could carry a concealed weapon, without a license, at your job no matter if you were the owner, manager, or regular employee. But just to be on the safe side, I wouldn't be caught carrying at my place of business without a license unless I was the owner or manager in control of the property.

    I don't believe, however, that it( the exceptions ) would apply to the business if it is defined as a public gathering.

    As far as to your inquiry about a state and local government employee, under O.C.G.A. 16-11-173 the local unit of government that one is employed with CAN regulate the possession and carrying of weapons in the course and scope of that employee's duties.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,081
    253
    83
    The above quote is from Reagan v. State, 16 Ga.App. 369, 85 S.E. 353 (1915), in which it was held that a landlord who carried a pistol on his rental property without a license was properly convicted of carrying a pistol without a license for the reason that:
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,081
    253
    83
    Another farm laborer was not guilty of carried a concealed weapon upon the entire farm of his employer:

    Idelett v. State, 14 Ga.App. 501, 81 S.E. 379 (1914).
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,081
    253
    83
    But another landlord was guilty both of carrying a concealed weapon and carrying a weapon without a license.

    Ely v. State, 222 Ga.App. 651, 475 S.E.2d 647 (1996).