National Academies Press: OpenBook

Impact of Firearms Laws on Airports (2016)


Page 41
Suggested Citation:"IX. STATE LAWS PROHIBITING AN INDIVIDUAL FROM POSSESSING A FIREARM IN A BAR OR RESTAURANT SERVING ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES." National Academies of Sciences, Engineering, and Medicine. 2016. Impact of Firearms Laws on Airports. Washington, DC: The National Academies Press. doi: 10.17226/23597.
Page 41

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41 the sale of food,430 numerous state statutes prohibit a person, including in some states a person having a license to carry a concealed weapon,431 from carrying a firearm into an establishment selling liquor, beer, or wine for consumption on the premises.432 (1) the right of a public or private employer to prohibit a person who is licensed under this article from carrying a concealable weapon upon the premises of the business or work place or while using any machinery, vehicle, or equip- ment owned or operated by the business; [or] (2) the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a concealable weapon upon his premises.426 In Texas, if a license holder has received notice that entry on another’s property with a concealed handgun is prohibited, it is a violation to carry a handgun on the property without the owner’s “effec- tive consent.”427 Thus, there are at least 18 states, as well as the District of Columbia, discussed in this section of the digest in which persons licensed to carry a con- cealed firearm may be prohibited from carrying a concealed firearm on the property owner’s or les- see’s premises.428 In some states, business invitees and employees may be precluded from having a firearm in their vehicle.429 IX. STATE LAWS PROHIBITING AN INDIVIDUAL FROM POSSESSING A FIREARM IN A BAR OR RESTAURANT SERVING ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES Bars and restaurants that serve alcohol for con- sumption on the premises are found in virtually all commercial airports serving the public. Although there may be an exception for restaurants that derive more than a designated percentage of their business from 426 S.C. Code Ann. §§ 23-31-220(1), (2) (2015). Subsection 2 also states: The posting by the employer, owner, or person in legal possession or control of a sign stating “No Concealable Weapons Allowed” shall constitute notice to a person hold- ing a permit issued pursuant to this article that the employer, owner, or person in legal possession or control requests that concealable weapons not be brought upon the premises or into the work place. See also S.C. Code Ann. § 23-31-235(A) (2015) (regarding the posting of signs). 427 tex. penAl Code §§ 30.06(a)(1), (2)(A) (2015). See also tex. penAl Code § 30.06 (2016). 428 Alabama, Arkansas, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Minnesota, Missouri, New Mexico, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Utah, West Virginia, and the District of Columbia. 429 ky. rev. stAt. Ann. § 237.110(17) (LexisNexis 2015) (stating that the “[p]ossession of weapons, or ammunition, or both in a vehicle on the premises shall not be a criminal offense so long as the weapons, or ammunition, or both are not removed from the vehicle or brandished while the vehicle is on the premises”). 430 430 ill. Comp. stAt. Ann. 66/65(a)(9) (LexisNexis 2015) (providing that a license holder under the Illinois Firearm Concealed Carry Act shall not knowingly carry a firearm on or into “[a]ny building, real property, and park- ing area under the control of an establishment that serves alcohol on its premises, if more than 50% of the establish- ment’s gross receipts within the prior 3 months is from the sale of alcohol”); ky. rev. stAt. Ann. § 237.110(16)(e) (2015) (stating that “no license issued pursuant to this section shall authorize any person to carry a concealed firearm into…[a]ny portion of an establishment licensed to dis- pense beer or alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to that purpose”); mo. rev. stAt. § 571.107(1)(7) (2015) (prohibiting firearms without the consent of the owner or manager but including an exception for a restau- rant with dining facilities for not less than 50 persons that derives at least 51% of annual gross revenue from sale of food); N.M. stAt. Ann. § 30-7-3(A)(4) (LexisNexis 2015) (per- mitting person licensed to carry a handgun to carry a hand- gun in a restaurant selling only beer and wine that derives no less than 60 percent of annual gross receipts from sale of food unless restaurant prohibits carrying of firearms on the premises); N.D. Cent. Code § 62.1-02-04 (2015) (applicable to an individual in that part of the “establishment” for con- sumption of purchased alcoholic beverages); S.D. Codified lAWs § 23-7-8.1 (2015) (holder of concealed carry permit may carry concealed pistol “anywhere in South Dakota except in any licensed on-site malt beverage or alcoholic beverage establishment that derives over one-half of its total income from the sale of malt or alcoholic beverages”). 431 mont. Code Ann. § 45-8-328(1)(c) (2015) (prohibiting firearms in a room where alcoholic beverages are sold and consumed); mont. Code Ann. § 45-8-328(2) (2015) (valid permit to carry a concealed weapon not a defense to a vio- lation of § 45-8-328(1)(c)); neB. rev. stAt. Ann. § 69-2441(a) (LexisNexis 2015) (holder of a permit to carry a concealed handgun not allowed to carry a concealed handgun into an “establishment having a license issued under the Nebraska Liquor Control Act that derives over one-half of its total income from the sale of alcoholic liquor….”); Wyo. stAt. Ann. § 6-8-104(t)(vii) (2015) (permittee of concealed weapons permit prohibited from entering any portion of an establishment devoted to serving alcoholic liquor and malt beverages for consumption on the premises). 432 miCh. Comp. lAWs serv. § 28.4250(1)(d) (LexisNexis 2015) (providing that a license to carry a concealed fire- arm does not authorize a licensee to carry a firearm into a bar, tavern, or restaurant); S.C. Code Ann. § 16-23-465(A) (2015) (additional penalty for carrying a firearm into a business that sells alcoholic liquor, beer, or wine for con- sumption on the premises); tenn. Code Ann. §§ 39-17- 1321(b)(1) and (2) (2015) (unlawful to consume alcoholic beverage while possessing a firearm within an establish- ment serving liquor, wine, or other alcoholic beverages on the premises); vA. Code Ann. § 18.2-308.012 (2015) (pro- hibiting concealed handgun on the premises of any res- taurant or club having a license to sell and serve alcoholic beverages for on-premises consumption).

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TRB's Airport Cooperative Research Program (ACRP) Legal Research Digest 29: Impact of Firearms Laws on Airports analyzes recent court cases on federal and state laws that have been challenged for restricting or prohibiting the carrying of firearms in public and other places.

The right to carry guns at airports is subject to the U.S. Constitution, federal and state legislation, and judicial decisions. Some state laws allow guns to be carried openly in public places. Most state laws regulate how guns are to be carried in a vehicle or left in a public or an employer’s parking lot. These and other state laws also have ramifications for commercial airports in the United States.

Accompanying the report are appendices available online:

  • Appendix A: Survey Questions
  • Appendix B: List of Airports and Airport Authorities Responding to the Survey
  • Appendix C: Summary of Responses by Airports and Airport Authorities to the Survey
  • Appendix D: ACRP Web Only Document 29: Compendium of State and Federal Laws Affecting the Possession of Firearms at Airports
  • Appendix E: Airport Ordinances, Policies, and Rules and Regulations Provided by Airports Responding to the Survey
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