Question on Possession of CCW (Florida) - XDTalk Forums - Your HS2000/SA-XD Information Source!

Snapaw · 01-02-2008, 03:58 PM

So, I'm looking over my florida law on the Possession Restrictions to carry.
There are some questions I have, here is what FL Dpt of Ag says ( http://licgweb.doacs.state.fl.us/wea...ossession.html )

I dont understand " any portion of an establishment licensed to dispense alcoholic beverages for consumption*" Does this mean I cant CCW in any place that sales alachol? As in a convient store? Resturant? Etc? or is this strcitly considerd a BAR where it's only to drink.

Also, what would Kazbors or another "Sports Bar" Be considered, where it's a bar / resturant. Any insight would be helpful, thanks!

any place of nuisance as defined in s. 823.05
any police, sheriff, or highway patrol station
any detention facility, prison, or jail; any courthouse
any courtroom*
any polling place
any meeting of the governing body of a county, public school district, municipality, or special district
any meeting of the Legislature or a committee thereof
any school, college, or professional athletic event not related to firearms
any school administration building
any portion of an establishment licensed to dispense alcoholic beverages for consumption*
any elementary or secondary school facility
any area technical center
any college or university facility*
inside the passenger terminal and sterile area of any airport*
any place where the carrying of firearms is prohibited by federal law

krazykozmetics · 01-02-2008, 04:02 PM

when i took my ccw class in florida my teacher said you cant carry into a place that makes most of their money serving alcohol. in example a night club or a bar. You can carry into say red lobster although they serve alcohol and have a bar as long as you do not sit at the bar. That is what he told me.

boricua9mm · 01-02-2008, 04:06 PM

That refers to a bar, or the bar portion of the restaurant. You are perfectly legal in a restaurant that sells alcohol, just don't sit at the "bar" area of the restaurant. Most restaurants have some sort of barrier between the bar area and regular seating dedicated to dining, but you'll have to use your discretion on whether or not a seating area might be construed as the "bar area."

Hope that helps...

speedracer211 · 01-02-2008, 04:39 PM

I like how Texas has the 51 signs.

Snapaw · 01-02-2008, 05:35 PM

Okay, that sounds fair, just dont sit in the bar area. Thanks.

What about drinking? Obviouslly you shouldnt be drunk, but what does the law saw about alachol and CCW?

I would think it would be best not to drink incase something happeneds, I'm sure they will test your blood.

RAVXD · 01-02-2008, 06:15 PM

heres the statute for alcohol consuption w/ firearm

790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.--
(1) As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
(2) For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand.
(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (5) This section does not apply to persons exercising lawful self-defense or defense of one's property.

as for the taking a firearm in an establishment that serves alcohol

No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose

823.05 Places declared a nuisance; may be abated and enjoined.--Whoever shall erect, establish, continue, or maintain, own or lease any building, booth, tent or place which tends to annoy the community or injure the health of the community, or become manifestly injurious to the morals or manners of the people as described in s. 823.01, or shall be frequented by the class of persons mentioned in 1s. 856.02, or any house or place of prostitution, assignation, lewdness or place or building where games of chance are engaged in violation of law or any place where any law of the state is violated, shall be deemed guilty of maintaining a nuisance, and the building, erection, place, tent or booth and the furniture, fixtures and contents are declared a nuisance. All such places or persons shall be abated or enjoined as provided in ss. 60.05 and 60.06.

remember statutes today can always be interpreted diffrently from others.......

xdfan80 · 01-02-2008, 06:19 PM

I dont know Florida, but in Michigan you just cant carry in a bar. you can carry in a store or restuarant that sells or serves alcohol.

ufbbc · 01-03-2008, 08:55 PM

go to outback or applebee's and eat no issue. don't sit in "bar area" though, just to be safe.

TeeJay · 01-04-2008, 01:35 PM

i figured the same, stay out of the bar portions when your concealing. its not that big of an issue anyways since if you are drinking you shouldnt have your gun on you anyways. if im going to be drinking my gun gets put up. not that i cant control myself, its just to avoid problems.

NickG19FL · 01-04-2008, 07:51 PM

Quote:

Originally Posted by ufbbc

go to outback or applebee's and eat no issue. don't sit in "bar area" though, just to be safe.

What he said is correct

01-02-2008, 03:58 PM	#1
Snapaw XDTalk Newbie Join Date: Sep 2007 Posts: 27	Question on Possession of CCW (Florida) So, I'm looking over my florida law on the Possession Restrictions to carry. There are some questions I have, here is what FL Dpt of Ag says ( http://licgweb.doacs.state.fl.us/wea...ossession.html ) I dont understand " any portion of an establishment licensed to dispense alcoholic beverages for consumption" Does this mean I cant CCW in any place that sales alachol? As in a convient store? Resturant? Etc? or is this strcitly considerd a BAR where it's only to drink. Also, what would Kazbors or another "Sports Bar" Be considered, where it's a bar / resturant. Any insight would be helpful, thanks! any place of nuisance as defined in s. 823.05 any police, sheriff, or highway patrol station any detention facility, prison, or jail; any courthouse any courtroom any polling place any meeting of the governing body of a county, public school district, municipality, or special district any meeting of the Legislature or a committee thereof any school, college, or professional athletic event not related to firearms any school administration building any portion of an establishment licensed to dispense alcoholic beverages for consumption* any elementary or secondary school facility any area technical center any college or university facility* inside the passenger terminal and sterile area of any airport* any place where the carrying of firearms is prohibited by federal law __________________ AR 15 .223 modded AK-47 Romanin Springfield XD .40 4"

01-02-2008, 04:02 PM	#2
krazykozmetics XDTalk 100 Member Join Date: Mar 2007 Location: Columbus Ohio Posts: 359	when i took my ccw class in florida my teacher said you cant carry into a place that makes most of their money serving alcohol. in example a night club or a bar. You can carry into say red lobster although they serve alcohol and have a bar as long as you do not sit at the bar. That is what he told me. __________________ "The only thing necessary for the triumph of evil is for good men to do nothing." (Edmund Burke) S&W M&P 15 Tactical Just got Her!!! Burnt Earth XD 45 Service Black XD 9 Service w/ Trijicon Night Sights TLR 1 Yugo M70 Ak Yugo SkS Remington 870 Marlin .22

01-02-2008, 04:06 PM	#3
boricua9mm XDTalk 500 Member Join Date: Jul 2004 Location: St. Petersburg, FL Posts: 605	That refers to a bar, or the bar portion of the restaurant. You are perfectly legal in a restaurant that sells alcohol, just don't sit at the "bar" area of the restaurant. Most restaurants have some sort of barrier between the bar area and regular seating dedicated to dining, but you'll have to use your discretion on whether or not a seating area might be construed as the "bar area." Hope that helps... __________________ Videographer/Multimedia Producer http://www.ricanhavocproductions.com

01-02-2008, 04:39 PM	#4
speedracer211 XDTalk 2K Member Join Date: Jan 2006 Location: Bradenton Florida Posts: 2,406	I like how Texas has the 51 signs. __________________ "You can't fix stupid" Great reloading site and tell them I sent you. www.glockpost.com

01-02-2008, 05:35 PM	#5
Snapaw XDTalk Newbie Join Date: Sep 2007 Posts: 27	Okay, that sounds fair, just dont sit in the bar area. Thanks. What about drinking? Obviouslly you shouldnt be drunk, but what does the law saw about alachol and CCW? I would think it would be best not to drink incase something happeneds, I'm sure they will test your blood. __________________ AR 15 .223 modded AK-47 Romanin Springfield XD .40 4"

01-02-2008, 06:15 PM	#6
RAVXD XDTalk 100 Member Join Date: Jan 2008 Location: usa Posts: 250	heres the statute for alcohol consuption w/ firearm 790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.-- (1) As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge. (2) For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand. (3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state. (4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (5) This section does not apply to persons exercising lawful self-defense or defense of one's property. as for the taking a firearm in an establishment that serves alcohol No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose 823.05 Places declared a nuisance; may be abated and enjoined.--Whoever shall erect, establish, continue, or maintain, own or lease any building, booth, tent or place which tends to annoy the community or injure the health of the community, or become manifestly injurious to the morals or manners of the people as described in s. 823.01, or shall be frequented by the class of persons mentioned in 1s. 856.02, or any house or place of prostitution, assignation, lewdness or place or building where games of chance are engaged in violation of law or any place where any law of the state is violated, shall be deemed guilty of maintaining a nuisance, and the building, erection, place, tent or booth and the furniture, fixtures and contents are declared a nuisance. All such places or persons shall be abated or enjoined as provided in ss. 60.05 and 60.06. remember statutes today can always be interpreted diffrently from others....... Last edited by RAVXD; 01-02-2008 at 06:34 PM.

01-02-2008, 06:19 PM	#7
xdfan80 XDTalk 2K Member Join Date: Nov 2007 Location: Michigan Posts: 2,812	I dont know Florida, but in Michigan you just cant carry in a bar. you can carry in a store or restuarant that sells or serves alcohol. __________________ Ruger Sp-101 .357 magnum SA XD Tactical .45 acp Mossberg 500 12 gauge pump Marlin 25N bolt action .22 rifle

01-03-2008, 08:55 PM	#8
ufbbc XDTalk Member Join Date: Feb 2007 Location: Clearwater, FL Posts: 37	go to outback or applebee's and eat no issue. don't sit in "bar area" though, just to be safe. __________________ XD9 SC Ruger P85 Mk II 9mm Remington 870 Express 12 Ga. "A citizen who shirks his duty to contribute to the security of his community is little better than the criminal who threatens it, and is better off living in a society that places lesser demands on his capacity to accept responsibility." - Robert H. Boatman

01-04-2008, 01:35 PM	#9
TeeJay XDTalk 100 Member Join Date: Dec 2007 Location: Volusia County, FL Posts: 211	i figured the same, stay out of the bar portions when your concealing. its not that big of an issue anyways since if you are drinking you shouldnt have your gun on you anyways. if im going to be drinking my gun gets put up. not that i cant control myself, its just to avoid problems. __________________ XD-45acp, tactical, OD green XD-40, sub compact, OD green and a growing collection of other lovely firearms..

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