Unloaded Carry

[Sams Dad]

So let's say I am carrying and decied to stop in somewhere for a bite to eat that serves alcohol. I am not drinking, just eating. I do not wantoto leave my gun in the car, or better yet, in the saddlebags of my bike while away eating.

Could I drop the magazine and leave it in the car or on the bike and conceal carry an unloaded weapon inside the restaurant???

Second Subject:

Better yet let's think about this stupid law..... Someone can enter an establishment, gun still in their car and have an altercation in the restaurant or the bar. Okay, if they're pissed enough to want to shoot someone, who and what would keep them from walking 30 feet to the car and getting it. The no guns in restaurant law is just some BS verbage to make the sheep feel a little more comfortable. LAWS will not protect you!! The jails are full of people who,,,,,,, guess what.. broke the law.

[Oh Shoot]

So let's say I am carrying and decied to stop in somewhere for a bite to eat that serves alcohol. I am not drinking, just eating. I do not wantoto leave my gun in the car, or better yet, in the saddlebags of my bike while away eating.

Could I drop the magazine and leave it in the car or on the bike and conceal carry an unloaded weapon inside the restaurant???

Statute in force simply says:

"It is an offense for a person to possess a firearm within the confines of a building open to the public where liquor, wine or other alcoholic beverages...are served for on premises consumption."

Doesn't say loaded, or give exemption for unloaded.

- OS

[Guest Guntotn]

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Rule #6

[Guest 6.8 AR]

Why would you want to carry an unloaded weapon? It's best to abide by the law until it is clarified.

[JayC]

Why would you want to carry an unloaded weapon? It's best to abide by the law until it is clarified.

To keep it from getting stolen from the car, or saddlebag of the bike?

I don't think self defense is the primary concern of the question.

[Guest mikedwood]

I suppose if you had something easy to take down you could take the slide, mag and barrel in.

[Guest Gene83]

I suppose if you had something easy to take down you could take the slide, mag and barrel in.

You probably could, but most thieves who come across pieces of a firearm in a bike's saddlebags will steal the pieces out of spite, knowing that while they can't use the firearm, you can't either. That's been my experience with thieves anyway. What they can't steal, they just try to tear up so you can't use it either.

I would not stop at a place that serves alcohol, or if I did, I would have locking saddlebags and park the bike where I could always keep it in sight.

[knoxrocks222]

concealed means concealed

[Steelharp]

concealed means concealed

And congealed means... the gravy's cold.

[knoxrocks222]

hahaha nice

[Guest Daelith]

Since DH and I ride too, we're faced with the same situation. Unfortunately, it's just best to leave the guns at home if we know we're going to eat somewhere the serves alcohol. We just usually avoid those restaurants now if possible. Cracker Barrel is always a favorite.

[Guest crotalus01]

IANAL but I would be willing to bet that noone would prosecute you if you simply removed the mag and slide and kept it in your pocket (or wherever concealed). I would think that would constitute "gun parts" rather than a "firearm". It is legal for folks that dont have a HCP to carry like that in their cars/on their persons as far as I know.

Or I may just have my head up my ass on this one. I am sure someone will chime in and let us all know...

[Guest 6.8 AR]

It would just be better to avoid the situation until the

law gets changed. Betting on whether or not you would

get prosecuted would be a bad bet and it would look

bad on all HCP holder with the bad press it could generate.

[Guest pws_smokeyjones]

I did it once in my early carrying days. I knew it was against the law but in this situation I was in a part of town that I just did NOT want to leave my gun in the car for fear of it being stolen. So my hope was that IF I got spotted, I could hopefully get a judge to give me 'some' leniency for not having the weapon loaded etc...

I would have just avoided it all together but my wife really wanted to eat in this particular restaurant.

[Guest VolGrad]

Better yet let's think about this stupid law..... Someone can enter an establishment, gun still in their car and have an altercation in the restaurant or the bar. Okay, if they're pissed enough to want to shoot someone, who and what would keep them from walking 30 feet to the car and getting it. The no guns in restaurant law is just some BS verbage to make the sheep feel a little more comfortable. LAWS will not protect you!! The jails are full of people who,,,,,,, guess what.. broke the law.

Careful there Sams Dad for pointing this out. Here in good old GA the parking lots of places deemed off-limits are also off-limits. It doesn't specifically state it as such in the GA Code section but case law says so and can be prosecuted as such.

[bubbadavis]

IANAL but I would be willing to bet that noone would prosecute you if you simply removed the mag and slide and kept it in your pocket (or wherever concealed). I would think that would constitute "gun parts" rather than a "firearm". It is legal for folks that dont have a HCP to carry like that in their cars/on their persons as far as I know.

Or I may just have my head up my ass on this one. I am sure someone will chime in and let us all know...

AFAIK, the serial numbered part is considered the firearm.

[Guest VolGrad]

AFAIK, the serial numbered part is considered the firearm.

Exactly. This is why you can't simply take a gun apart and ship it as "gun parts" via USPS.

Seriously. Think this one out before you decide to break the gun down and carry it into places off-limits. Either follow the law or go all in. I am NOT advocating one break the law either. I'm simply stating you probably won't be able to use that "logic" to talk yourself out of cuffs if the responding LEO decides to hook you up. People often think they can use semantics or other word games to bend the law in their favor. It sounds good on the Internet but don't think it usually works out in real life.

[Oh Shoot]

AFAIK, the serial numbered part is considered the firearm.

Many guns have serial numbers on more than just the frame.

XD's for example have matching SNs on frame, slide, and barrel, although I know technically it's the frame that is "the gun".

- OS

[Guest VolGrad]

Many guns have serial numbers on more than just the frame.

XD's for example have matching SNs on frame, slide, and barrel, although I know technically it's the frame that is "the gun".

- OS

True, but in general terms .....