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View Full Version : Unloaded open carry in restaurants that serve alcohol?


AdnanShahab
12-15-2009, 10:04 PM
Can anyone please clarify (and/or point me at the appropriate statutes) what the law is in California regarding UOC in restaurants that serve alcohol? Personally, I don't drink, so I don't have to worry about having any alcohol in my system. But I am wondering whether it is legal to UOC in a restaurant that serves alcohol on the premises. Also, is there a difference in the law between UOC in a restaurant that happens to serve alcohol vs. in a place that is a real bar? Thank you for any help.

CalNRA
12-15-2009, 10:42 PM
I'm gonna go ahead and quote Bill here:

Hi Adnan,

Please cease and desist your efforts on UOC/OC matters.

While the overall progun sentiment is appreciated, there can be some real backfire until we get some more court cases thru.

There's a very very real chance your efforts can at least rustle enough short-term feathers to get some bad legislation thru that ends up restricting ordinary transport of firearms - right now, those rules are reasonably relaxed. We could end up with locked cases for all rifle transport everywhere, and even more bad law where folks who park on the street couldn't carry their guns to their cars from their homes.
We narrowly escaped some real issues with this this year.

Your efforts, short term, might be better focused on:

(1) getting elected [and yakking about open carry in Bay Area just won't help!]

(2) after election, applying pressure to Alameda Co. sheriff and/or Fremont PD for rational nondiscriminatory
CCW issuance, instead of to campaign cronies like sheriff's possee, etc.

(3) after election, talking to NRA's Ed Worley about running bills for incremental, achieveable results - i.e, that
have rational chance of passage (i.e, not offensive above the noise floor) and with which we can, over time,
combine effects to loosen certain restrictions.

Librarian
12-15-2009, 10:44 PM
Can anyone please clarify (and/or point me at the appropriate statutes) what the law is in California regarding UOC in restaurants that serve alcohol? Personally, I don't drink, so I don't have to worry about having any alcohol in my system. But I am wondering whether it is legal to UOC in a restaurant that serves alcohol on the premises. Also, is there a difference in the law between UOC in a restaurant that happens to serve alcohol vs. in a place that is a real bar? Thank you for any help.

Since UOC exists by subtraction rather than positive law, there is no PC connection with alcohol in any way.

With licensed CCW, there is only a connection if the issuer adds such a restriction on the license. There's no connection between CCW and alcohol in the PC, either.

Glock22Fan
12-16-2009, 7:35 AM
Since UOC exists by subtraction rather than positive law, there is no PC connection with alcohol in any way.

With licensed CCW, there is only a connection if the issuer adds such a restriction on the license. There's no connection between CCW and alcohol in the PC, either.

Worth noting that the DoJ attempts to add a backdoor prohibition on CCW in bars (where drinking is the primary purpose) by printing this with the official application form. As far as I know, it carries no legal meaning unless the issuing authority prints it on the CCW.