Re: Show them the signs
Posted: Thu Jul 12, 2012 10:33 pm
Interestingly enough, there are some clauses in the Alcoholic Beverage Code that are worth knowing. I had to look because I had never really thought about it before. I always thought of the Penal Code when considering unlawfully carrying, including on a licensed premise.
But the ABC does ban firearms totally, sort of. There is no definition of the term firearm in the ABC. There are clauses in the ABC that say the license or permit will be revoked if the owner allows anyone to carry a firearm in any building on the premises. Of course, they have a bunch of exceptions, including CHL with a handgun matching the license. But there is no exception for a rifle.
So, if you carry a rifle into a bar (or convenience store or grocery store selling beer, etc.), you have not broken any law. But if the bartender/owner/manager/any employee sees it and does not tell you to leave with it, they have committed a civil infraction that could cost them their license. If you refuse to leave, you will have committed criminal trespass (30.05) and they will not lose their license.
But the ABC does ban firearms totally, sort of. There is no definition of the term firearm in the ABC. There are clauses in the ABC that say the license or permit will be revoked if the owner allows anyone to carry a firearm in any building on the premises. Of course, they have a bunch of exceptions, including CHL with a handgun matching the license. But there is no exception for a rifle.
So, if you carry a rifle into a bar (or convenience store or grocery store selling beer, etc.), you have not broken any law. But if the bartender/owner/manager/any employee sees it and does not tell you to leave with it, they have committed a civil infraction that could cost them their license. If you refuse to leave, you will have committed criminal trespass (30.05) and they will not lose their license.