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Discussion Starter · #1 ·
[Apologies if this has already been addressed, a search turned up nothing]

I part-time manage a neighborhood sports bar & grill. It's my job to close the place down at least 3 times a week. While it does not happen often, occasionally I'm the only person there from 2 am until sometimes as late as 4am.

Seeing as how alcohol is not being served, and the establishment is vacant of patrons, would I have a legal foothold in carrying while I was on property? While avoidance and prevention are standing orders of the day, this kind of situation does attract a certain criminal element: for example, a coworker's former boss was murdered in an armed robbery. She (the victim) was 8 months pregnant. :evil:
 

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As far as alcohol goes, the bar should be off-limits at all times. However, since it is your place of business, I *think* you should be able to carry at all times.
 

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I would recommend that you would need written permission from the owner to be covered during business hours. After hours however with no alcohol being sold, I would think you would be fine. Of course, IANAL and YMMV.
 

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Discussion Starter · #4 ·
budder said:
As far as alcohol goes, the bar should be off-limits at all times. However, since it is your place of business, I *think* you should be able to carry at all times.
Wait...what? :?

wsweeks2 said:
I would recommend that you would need written permission from the owner to be covered during business hours. After hours however with no alcohol being sold, I would think you would be fine. Of course, IANAL and YMMV.
Permission from the owner's no problem; years ago he lost a friend (fellow establishment owner) who was shot in the back three times on his way home. We've talked, and both he and the GM (who's managed some well-known ATL-area clubs and carried there the whole time) would rather have me carry than not.
 

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People are talking about different statutes. There is an exemption to licensing for carry at one's place of business (that is, the licensing law does not apply there). There is no such exemption for public gatherings, which is a different statute. There is an affirmative defense to the public gathering statute regarding notifying security. An affirmative defense is something you must raise to a jury in your defense rather than something that the state must prove.
 

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16-11-127 makes no exception for employees or owners.

One must defer to the “gun exception†when attempting to logically conclude that one would be able to carry in one’s own business. I would guess that a court would rule against an owner of a bar getting an exception to -127. We can’t be too careful when dealing with guns, it’s a public safety issue.
 

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Here's a question - is a business owner exempt from the PG statute if they are carrying a their establishment while serving alcohol?
 

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wsweeks2 said:
Here's a question - is a business owner exempt from the PG statute if they are carrying a their establishment while serving alcohol?
See my post above yours...

..and Malum's.
 

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I answered my own question when I realized that you don't need a GFL in order to carry in your place of business or with permission from the property owner. If you don't need the GFL to carry it in that specific instance, then you wouldn't be bound by the restrictions of the GFL.

Am I wrong in my thinking on this?
 

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wsweeks2 said:
I answered my own question when I realized that you don't need a GFL in order to carry in your place of business or with permission from the property owner. If you don't need the GFL to carry it in that specific instance, then you wouldn't be bound by the restrictions of the GFL.

Am I wrong in my thinking on this?
16-11-127 restricts everyone, GFL or not.
 

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So a business owner can't carry in his own place of business if they sell alcohol?

I know the laws here are messed up, but I didn't think it was that bass ackwards.
 

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Re-read my post.

As mzmtg said, the public gathering law has nothing to do with the two laws requiring licenses.
 

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Malum Prohibitum said:
People are talking about different statutes. There is an exemption to licensing for carry at one's place of business (that is, the licensing law does not apply there). There is no such exemption for public gatherings, which is a different statute. There is an affirmative defense to the public gathering statute regarding notifying security. An affirmative defense is something you must raise to a jury in your defense rather than something that the state must prove.
I see. I thought the exemption would work in favor of bar owners/managers. How... intelligent.
 

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Malum Prohibitum said:
What exemption?
budder said:
Malum Prohibitum said:
People are talking about different statutes. There is an exemption to licensing for carry at one's place of business (that is, the licensing law does not apply there). There is no such exemption for public gatherings, which is a different statute. There is an affirmative defense to the public gathering statute regarding notifying security. An affirmative defense is something you must raise to a jury in your defense rather than something that the state must prove.
I see. I thought the exemption would work in favor of bar owners/managers. How... intelligent.
 

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budder said:
Malum Prohibitum said:
People are talking about different statutes. There is an exemption to licensing for carry at one's place of business (that is, the licensing law does not apply there). There is no such exemption for public gatherings, which is a different statute. There is an affirmative defense to the public gathering statute regarding notifying security. An affirmative defense is something you must raise to a jury in your defense rather than something that the state must prove.
I see. I thought the exemption would work in favor of bar owners/managers. How... intelligent.
It does as long as you don't own/manage at a public gathering.
 

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Gunstar1 said:
budder said:
Malum Prohibitum said:
People are talking about different statutes. There is an exemption to licensing for carry at one's place of business (that is, the licensing law does not apply there). There is no such exemption for public gatherings, which is a different statute. There is an affirmative defense to the public gathering statute regarding notifying security. An affirmative defense is something you must raise to a jury in your defense rather than something that the state must prove.
I see. I thought the exemption would work in favor of bar owners/managers. How... intelligent.
It does as long as you don't own/manage at a public gathering.
You know a lot of bars that aren't PGs?
 

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budder said:
Gunstar1 said:
budder said:
Malum Prohibitum said:
People are talking about different statutes. There is an exemption to licensing for carry at one's place of business (that is, the licensing law does not apply there). There is no such exemption for public gatherings, which is a different statute. There is an affirmative defense to the public gathering statute regarding notifying security. An affirmative defense is something you must raise to a jury in your defense rather than something that the state must prove.
I see. I thought the exemption would work in favor of bar owners/managers. How... intelligent.
It does as long as you don't own/manage at a public gathering.
You know a lot of bars that aren't PGs?
uhhh.... one that just lost it's pouring license?
 
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