wow6599
Member
OK in Missouri.....
JohnKSa said:As far as I know, TX law does not define intoxication criteria for the purposes of concealed carry. I don't know precisely what that would mean in court, but it might mean that you could be held to a stricter standard based on what the judge/jury felt was reasonable.
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
Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree.
A person who has been convicted of a designated misdemeanor may be sentenced as follows:
For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.
Fines for designated crimes and for noncriminal violations shall not exceed:
$500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.
This section shall be liberally construed to carry out the constitutional right to bear arms for self-defense.
I know its legal here in Utah up to .08
To add to Tony the Tiger's comments regarding the State of Florida, you are not only permitted to carry while within a restaurant that serves alcohol, you may even consume as well. This applies, as was said, as long as you are in the dining portion, or another portion not devoted to the dispensing and consumption of alcohol.
It is unlawful and punishable as provided in s. 790.151 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
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.
a) If there was at that time 0.05 percent or less by weight of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(b) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person’s blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(c) If there was at that time 0.10 percent or more by weight of alcohol in the person’s blood, that fact shall be prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
Any person charged with using a firearm while under the influence of alcoholic beverages or controlled substances to the extent that his or her normal faculties were impaired, whether in a municipality or not, shall be entitled to trial by jury according to the Florida Rules of Criminal Procedure.
Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
In TX, that is the case, however, you can not be held accountable if the restaurant fails to post the appropriate signage.How am I expected to know what they take in in different kinds of sales?
How am I expected to know what they take in in different kinds of sales?
In TX, that is the case, however, you can not be held accountable if the restaurant fails to post the appropriate signage.
The OP was not asking how you determine if the establishment serves alcohol. That's generally easy enough. Its the states that prohibit you from carrying in an establishment that derives more than 51% of its income from alcohol sales. Evidently in TX they have to post the buisness to that effect, but in other states how are you supposed to determine their percent revenue?How are you even supposed to know that they serve alcohol?
In Michigan, if the establishment has more than 50% of revenue from alcohol, no concealed carry.
The OP was not asking how you determine if the establishment serves alcohol.