Can we CCW in a bar/restaurant in NY Legally?

[Acer-m14]

 

[Truebeliever]

even before the witches CCIA ..

you could not carry in a bar .. or place serving alcohol ..


but you can host a block party at your home with alcohol and everyone can carry ..

go figure ..

That was not my understanding nor was it listed in my CCW law app until CCIA

 

[spat]

Only places that are really prohibited if you have a CCW are schools (should be changing soon), correctional facilities and court rooms. Not the court house but specifically rooms used for court hearings. And, of course the usual federal stuff.

Only places that are *really* prohibited are places with controlled access and metal detectors.

The law needs to acknowledge that, and stop trying to make places where the law abiding are disadvantaged vs the criminals.

 

[spat]

That was not my understanding nor was it listed in my CCW law app until CCIA

I believe that was the rule in some states. Others it defined them by what % of their income comes from alcohol.

NY decided to add bars, but unlike the states that did it in good faith, they produced legislation written by children that doesn't clearly define things.

 

[Bustedknees]

We should be hearing from the NY courts on this within the next decade before it goes back SCOTUS in 2099.

 

[Glock_USA]

At one gun course I took the explanation was if the main source of income came from food or liquor was the determining factor.

Not the case in NY. They simply need to have a liquor license to be a banned location.

 

[Glock_USA]

even before the witches CCIA ..

you could not carry in a bar .. or place serving alcohol ..


but you can host a block party at your home with alcohol and everyone can carry ..

go figure ..

This is incorrect. The only place banned was schools on a state level. Federal had its own bans as well. None included bars or restaurants.

 

[Glock_USA]

Not sure the court will strike out restaurants and bars from the new law but I can say that with a simple google search and some real easy reading, most RED states champions of 2A DO NOT allow concealed carry in bars or while consuming alcohol and most require CCW classes.

It’s already been answered in BRUEN. There was no historical analogue for preventing carry into bars. In fact Thomas Jefferson got drunk and left his pistol in a bar once and had to write the inn keeper to have it sent back to him. There were a few cases of bar bans in Oklahoma back before it was a state but the court found that it carried little weight and “a few cases does not a tradition make.”

 

[Glock_USA]

Actually, private property owners MUST give permission. The CCIA defaulted all private businesses to being illegal to CC unless theree was a posted policy allowing it.

I’m not sure what you’re trying to contradict in my post. The point I was making is bar owners do not have the ability to give permission. It is an outright ban for those locations.

 

[Zerex]

No on ever knew James Bond carried a PPK............................OR ME

 

[dwa12479]

I’m not sure what you’re trying to contradict in my post. The point I was making is bar owners do not have the ability to give permission. It is an outright ban for those locations.

Wasn't trying to contradict anytning. Was just emphasizing that NY defaulted all private business to no CCW with penalty of law to back it up, unless they specifically choose to allow it. And you're correct, the "sensitive " locations aren't even afforded the option of allowing it. Stupid.

 

[RedBreast21]

It’s already been answered in BRUEN. There was no historical analogue for preventing carry into bars. In fact Thomas Jefferson got drunk and left his pistol in a bar once and had to write the inn keeper to have it sent back to him. There were a few cases of bar bans in Oklahoma back before it was a state but the court found that it carried little weight and “a few cases does not a tradition make.”

While consuming alcohol? Nothing could possible go wrong there.

 

[Acer-m14]

Not the case in NY. They simply need to have a liquor license to be a banned location.

so carrying down the beer isle at the super market or walmart is a no no ..

 

[GOPerfect]

I get the concealed is concealed answer to all of this. I carry everywhere. I mean everywhere. Even the places that are not really allowed.

When I am carrying a gun, I do not consume alcohol, but then again, I really do not drink all that much to begin with.

When carrying outside rules, regulation and law, I tend to be much more careful on what I will and what I will not get involved with.

I am willing to take any consequences that come my way for carrying in a "prohibited" place.

 

[Slacker43]

I get the concealed is concealed answer to all of this. I carry everywhere. I mean everywhere. Even the places that are not really allowed.

When I am carrying a gun, I do not consume alcohol, but then again, I really do not drink all that much to begin with.

When carrying outside rules, regulation and law, I tend to be much more careful on what I will and what I will not get involved with.

I am willing to take any consequences that come my way for carrying in a "prohibited" place.

Spot on. Right there with ya.

 

[Glock_USA]

so carrying down the beer isle at the super market or walmart is a no no ..

"For on premise consumption". Last I knew you couldn't open one up and drink it in the supermarket.

 

[Glock_USA]

While consuming alcohol? Nothing could possible go wrong there.

The point is it's not any of your business. If someone wants to carry while they have a couple of beers it's not any of your concern. They don't loose their fundamental rights because they had a beer. What other rights do you propose are taken away when someone has a drink or does anything else that you don't approve of or makes you uncomfortable?
If someone is drunk and playing with their gun, yes it becomes a safety concern and they are an idiot. If they have a concealed gun that they aren't handling it's none of your concern. You sound like a fed. Where else should people not be allowed to carry because someone *might* do something with their gun? Everywhere, right? The rights of the people are not subject to restrictions because of what a few bad people could do.

 

[GOPerfect]

The point is it's not any of your business. If someone wants to carry while they have a couple of beers it's not any of your concern. They don't loose their fundamental rights because they had a beer. What other rights do you propose are taken away when someone has a drink or does anything else that you don't approve of or makes you uncomfortable?
If someone is drunk and playing with their gun, yes it becomes a safety concern and they are an idiot. If they have a concealed gun that they aren't handling it's none of your concern. You sound like a fed. Where else should people not be allowed to carry because someone *might* do something with their gun? Everywhere, right? The rights of the people are not subject to restrictions because of what a few bad people could do.

I know people, that when they do go to a bar and they carry a gun, carrying the gun makes them, behave better while out. Almost everyone I know carries a gun everywhere they go, they drink and there's never an issue.

 

[dwa12479]

I get the concealed is concealed answer to all of this. I carry everywhere. I mean everywhere. Even the places that are not really allowed.

When I am carrying a gun, I do not consume alcohol, but then again, I really do not drink all that much to begin with.

When carrying outside rules, regulation and law, I tend to be much more careful on what I will and what I will not get involved with.

I am willing to take any consequences that come my way for carrying in a "prohibited" place.

Could not have said it better.

 

[dwa12479]

While consuming alcohol? Nothing could possible go wrong there.

Its entirely possible to have a few beers or glass of wine with dinner and be perfectly fine. Not everyone gets hammered every time they decide have a few.

 

[spat]

"For on premise consumption". Last I knew you couldn't open one up and drink it in the supermarket.

Well, you can once....

 

[Grimscale]

If someone is drunk and playing with their gun, yes it becomes a safety concern and they are an idiot.

The problem (other than tyrants trying to grasp absolute power) is these idiots in power are attempting to PREVENT crime.
You cannot PREVENT crime, short of locking every single human up and throwing away the key. ALL of them, including the power-hungry.

"If we take away the guns, no one will be shot"
"If we take away the knives, no one will be stabbed"
"If we take away the sticks, no one will be beaten"

so let's take this to the logical conclusion.

If we take away their dick, no one will be raped.
If we take away their children, no child will be assaulted.


If they just disciplined those who broke the Law, you would find crime reduced. You'll never get rid of it completely. To think otherwise is a level of retarded I don't think they have a name for. But it CAN be reduced, but only through punishing wrongdoers.

 

[spat]

I know people, that when they do go to a bar and they carry a gun, carrying the gun makes them, behave better while out. Almost everyone I know carries a gun everywhere they go, they drink and there's never an issue.

I seldom drink. But I wouldn't be concerned about carrying while slowly nursing a beer over dinner.

I would not be pounding them back though. If I was doing something where I was planning on not being sober enough to drive I would also plan on not carrying.

I figure that's a decent metric. If I am sober enough to legally and safely drive a 4000lb weapon that requires continuous good judgement, reflexes, and hand eye coordination to remain safe, then I'm probably sober enough to leave the gun in the holster unless it really needs to come out.

 

[spat]

Let me just add this to the discussion...

 

[dwa12479]

I seldom drink. But I wouldn't be concerned about carrying while slowly nursing a beer over dinner.

I would not be pounding them back though. If I was doing something where I was planning on not being sober enough to drive I would also plan on not carrying.

I figure that's a decent metric. If I am sober enough to legally and safely drive a 4000lb weapon that requires continuous good judgement, reflexes, and hand eye coordination to remain safe, then I'm probably sober enough to leave the gun in the holster unless it really needs to come out.

Exactly. Well stated. When I go to a bachelor party with a some friends, I don't carry. If I'm stopping for a quick couple beers with the guys after work on my way home, I'll be strapped as usual.

 

[subsonic]

Lot of wrong answers here and a few right ones. Under the old law you could conceal carry basically anywhere including at a bar, no permission needed, and there wasn't even an explicit law that forbade drinking alcohol while carrying a firearm (without intoxication).

Under the new law we get "sensitive locations" where the management can't permit carrying. This includes bars or restaurants serving on-premises alcohol. There's nothing about percentage of revenue. Either they serve on premises or they don't. If they do that means no carry under the law. A grocery with take-out alcohol is fine if it's posted that carry is OK or with permission. If it's a Wegman's food court that serves beer then you can't be in that food court carrying (the part licensed for and allowing alcohol consumption). Antonyuk challenged that and won an injunction at the district, which was overturned at the circuit, and the Supreme Court refused to review in January. So the law is still in effect and still being challenged.

As always choose your own compliance level wisely.

 

[Mr. terzmo]

I get the concealed is concealed answer to all of this. I carry everywhere. I mean everywhere. Even the places that are not really allowed.

When I am carrying a gun, I do not consume alcohol, but then again, I really do not drink all that much to begin with.

When carrying outside rules, regulation and law, I tend to be much more careful on what I will and what I will not get involved with.

I am willing to take any consequences that come my way for carrying in a "prohibited" place.

I'm not criticizing. The reality is anyone can obtain a handgun..legal or not. They can carry it anywhere. (Honest citizen or fellon) The point is being the ramifications after the particular incident when answering to the "authorities" . That is the scary part. As someone said earlier.."better judged by 12 than carried by 6"

 

[Zerex]

The law does not care if you drink or not, it treats bars and restaurants like it is a court room.

 

[spat]

I'm not criticizing. The reality is anyone can obtain a handgun..legal or not. They can carry it anywhere. (Honest citizen or fellon) The point is being the ramifications after the particular incident when answering to the "authorities" . That is the scary part. As someone said earlier.."better judged by 12 than carried by 6"

The real world difference is: After a legitimate self defense incident, do you call 911, or cousin Vinny with the backhoe.

 

[Acer-m14]

just remember ..


hammers are allowed in the court room ..


the judge even has one ..