Spring Break is here, and everyone is thawing out after a long winter. Before you take part in the festivities watch Independent Program Attorney David Katz instruct you on the law before you walk into a restaurant or bar with your firearm.
Drinking and Carrying Your Firearms
In Florida, there is no legal limit of intoxication that makes it illegal to carry your firearm. That does not mean you can do whatever you want. Florida law makes it illegal to use a firearm if your normal faculties are impaired by alcoholic beverages or a controlled substance. Although, the legal limit for driving is .08, the legal limit for using your firearm is .10. The term use of firearm is defined in Florida Statute 790.151 as discharging a firearm or having it readily accessible for immediate discharge. Readily accessible for immediate discharge is defined in both the statute and case law as loaded and in your hand.
Therefore, under Florida law, you can legally be as drunk as you can get and still carry your firearm as long as they are not loaded and in your hand and you do not discharge them. The law does not apply to anyone executing lawful self-defense or defense of a loved one.
Carrying a Firearm in a Restaurant or Bar
Florida law does not allow you to carry a firearm in any establishment whose primary purpose is the sale of alcohol or any part of an establishment devoted to the sale of alcohol. If you go in to a restaurant with a bar, you cannot carry in the bar area, but should be able to carry while eating dinner in the restaurant portion. While eating dinner, if you choose to have a beer or cocktail, you will not be violating Florida law if you have your firearm with you. But if you are sitting at the bar, not drinking, but eating dinner because there are no open tables in the restaurant you cannot carry your firearm.
If I am in Ga, is it legal to carry in restaurant if it has a bar,and i dont sit at bar..thank you
Yes, it’s legal to carry in a restaurant with a bar. Georgia has no restrictions on carry into a bar for a license holder. Even if the bar has a posted “no firearms” sign, you may carry into the bar, as state law allows a license holder to carry in any location not expressly prohibited by law. If the owner or person in control asks you to leave, however, you must, or you may potentially be arrested for criminal trespass.
In Florida its my understanding that I cannot carry into an establishment that sells alcohol for consumption. Does that mean immediate consumption i.e. as in a restaurant/bar? And/Or does that include a Liquior store, Winn Dixie, or 7-11 for later consumption?
It’s legal to carry a gun in a liquor store, Walmart and Publix here in Florida. They are not considered bars and don’t openly sell alcohol.
I would like to know what Florida state statute states that you cannot carry in an establishment that serves alcohol. I’ve looked and cant find the statute anywhere. Thanks in advance.
Florida law does not allow you to carry a firearm in any establishment whose primary purpose is the sale of alcohol or any part of an establishment devoted to the sale of alcohol. If you go in to a restaurant with a bar, you cannot carry in the bar area, but should be able to carry while eating dinner in the restaurant portion. While eating dinner, if you choose to have a beer or cocktail, you will not be violating Florida law if you have your firearm with you. But if you are sitting at the bar, not drinking, but eating dinner because there are no open tables in the restaurant you cannot carry your firearm.
It’s my understanding that in Florida if a restaurants primary income is not alcohol you may carry your firearm in the restaurant area. You may not carry in the bar area.
Love that he says “should” instead of can.
What is the penalty if you do carry at the bar? Does the intent matter? Example, I’m eating in a restaurant and see a friend at the bar and I go over to say, forgetting I have a firearm on me vs deliberately breaking the law and carrying at the bar
I’m not sure what the penalty is for first time offenders in that situation I would guess forgetting that you had your firearm on you for a brief second would be breaking the law!
Admitting that you can’t remember if you have a firearm on you is putting yourself in a vulnerable situation. The second amendment laws are absolutely ridiculous they say we have a right to bear arms and then tell us where we can and can’t bear arms.
I’m all for if you are a law abiding citizen and you have a right to carry a firearm you should have that right to carry your firearm wherever you please…
So just to clarify you can carry a gun but just cant use it when your alcohol level is above .10 unless you or a loved one is indisputably in clear and present danger? I’m always wondering about this because sometimes I have a beer while I’m carrying
So just to clarify you can carry a gun but just cant use it when your alcohol level is above .10 unless you or a loved one is indisputably in clear and present danger?
This law is completely ridiculous and needs to be changed. My right to self defense should NOT be nullified simply because I’m in a bar or have had a few drinks.