Carrying guns inside restaurants that serve alcohol could be next

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Aries

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It makes perfect sense to me, because those are both (IIRC?) officers of the court.

Other than in an approved undercover operation for LEOs, it is simply drinking on the job.
:drunk2:
Except I would take that to prohibit them from possessing a weapon and drinking even if they are NOT on job... no?
 

MacFromOK

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Except I would take that to prohibit them from possessing a weapon and drinking even if they are NOT on job... no?
I took it to mean while they ARE on the job, but it's possible LEOs are held to a higher standard, because even off-duty officers are more/less "on call" if I understand correctly.

Good question. :anyone:
 

trbii

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I remember reading the book “Serpico”, where it claimed when officer Frank Serpico got his detective shield he had it made now, he could drink on the job. Circa 1970? NYPD. I remember thinking, is this significant? Did he need a cocktail, shot of whiskey, beer during the day? Also first time I heard about uniformed cops sitting around on their shift drinking booze out of a coffee mug. Fooled everybody, huh? With breath smelling like a distillery?
 

SoonerP226

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No one is arguing that being intoxicated with a firearm is illegal.
The statute doesn't say intoxicated, it says "under the influence of alcohol" (etc). From what I'm reading (mostly from defense attorneys' web sites), Oklahoma doesn't actually define "under the influence" (or intoxication) except for automotive offenses, and determination of public intoxication is left to the judgment of the arresting officer.

Sounds like one big dang gray area to me...
 

corneileous

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and I found this.
TITLE 21 § 1289.9 Carrying Weapons Under Influence of Alchohol
It is illegal to carry or use a weapon while under the influence of alcohol, illegal drugs, or prescription drugs when such medications affect mental, emotional, or physical processes. Carrying under the influence is a misdemeanor punishable by a fine of $50 to $500 and a jail term of 10 days to 6 months.

Anbd this

Carrying Firearms Where Liquor is Consumed (Title 21 § 1272.1)
Even if a person has a proper license and permit for open or concealed carry, it is a felony to carry a weapon into an establishment where low-point beer or alcohol is consumed. Carrying a weapon where liquor is consumed is punishable by 1 to 2 years in prison.

However, if drinking is not the primary purpose of the business, a person who is licensed to carry pursuant to the OSDA it may lawfully carry his or her weapon. This statute exempts law enforcement officers and owners of a bar or drinking establishment who keep a weapon on the premises.

https://www.oklahoma-criminal-defense.com/crimes/gun-laws
Not to keep bringing it up, but that states while being intoxicated or under the influence, which I think I stated that once before.




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corneileous

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The statute doesn't say intoxicated, it says "under the influence of alcohol" (etc). From what I'm reading (mostly from defense attorneys' web sites), Oklahoma doesn't actually define "under the influence" (or intoxication) except for automotive offenses, and determination of public intoxication is left to the judgment of the arresting officer.

Sounds like one big dang gray area to me...

I dunno, I may be wrong but if you have a permit and decide to have an alcoholic beverage at a restaurant with your meal, even if you happened to be open carrying a pistol given that the restaurant you were at didn’t have any kind of policy against guns or even open carrying, I would think you would be fine.

Of course, don’t take that for gospel but like someone said earlier this afternoon, if you’re carrying concealed, who the hell’s gonna know anyways?? Again, that’s why concealed means concealed.


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SoonerP226

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I dunno, I may be wrong but if you have a permit and decide to have an alcoholic beverage at a restaurant with your meal, even if you happened to be open carrying a pistol given that the restaurant you were at didn’t have any kind of policy against guns or even open carrying, I would think you would be fine.
Most likely, yeah, but it's a risk worth considering. Concealed means concealed, but it isn't always as concealed as you think it is...
 

p238shooter

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While some of you guys are looking things up, how about adding another item. I have my CC (Now SDA) license. Where does it say I can not go into Chilies and sit at (#1) the bar and have a sandwich and (#2) a beer? All the $ from all the areas of Chilli's goes into the one business pot. What is the difference in where you sit, table, bar, outside on the patio? Where is that defined? Yes there is a marker around the bar for under age people not to sit at the bar but I have never seen anything else concerning firearms, nor anything that says I can not have a beer as long as I am not intoxicated or impaired which I read as the same as passing a sobriety test for driving.

Rather than just personal opinions, how about some real statutes.
 

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