Concealed Carry in Establishments That Serve Alcohol
I recently received a question regarding any recent changes in the law regarding concealed carry in establishments that serve alcohol.
Unfortunately, the law has not changed. It is absolutely still illegal to carry a firearm in any establishment that serves alcohol for consumption on the premises. The proposed legislation to allow this has not been passed. It seems like this gets introduced in each legislative session, but our representatives have not been able to construct a version of this law that will satisfy our Governor.
Some seem to have difficulty finding the appropriate statutes regarding alcohol and concealed carry. Most of the time it is because people look in Arizona Revised Statutes Title 13 which deals with criminal offenses.
The appropriate reference in the Arizona Revised Statutes Title 4 which deals with Alcoholic Beverages. The specific section of interest is:
ARS 4-244 — Unlawful Acts.
This section details all of the ‘unlawful acts’ associated with sale or consumption of alcoholic beverages. The specific subsections relating to firearms are numbers 29 and 30 which are reproduced below.
29. For any person other than a peace officer, the licensee or an employee of the licensee acting with the permission of the licensee to be in possession of a firearm while on the licensed premises of an on-sale retailer knowing such possession is prohibited. This paragraph shall not be construed to include a situation in which a person is on licensed premises for a limited time in order to seek emergency aid and such person does not buy, receive, consume or possess spirituous liquor. This paragraph shall not apply to hotel or motel guest room accommodations nor to the exhibition or display of a firearm in conjunction with a meeting, show, class or similar event.
30. For a licensee or employee to knowingly permit a person in possession of a firearm other than a peace officer, the licensee or an employee of the licensee acting with the permission of the licensee to remain on the licensed premises or to serve, sell or furnish spirituous liquor to a person in possession of a firearm while on the licensed premises of an on-sale retailer. This paragraph shall not apply to hotel or motel guest room accommodations nor to the exhibition or display of a firearm in conjunction with a meeting, show, class or similar event. It shall be a defense to action under this paragraph if the licensee or employee requested assistance of a peace officer to remove such person.
Violation of either of these sections is a Class 2 misdemeanor, punishable by a fine of up to $750 and 4 months in jail.
Bottom Line…if you can drink there, leave your gun outside. Lock it in your car, but don’t carry into a bar.