Is having a firearm in a place that serves alcohol illegal in Pennsylvania?

The combination of firearm use and alcohol consumption is highly controversial. Excessive consumption of alcohol can have negative effects on judgment, vision, balance and coordination, and a firearm is a tool capable of producing deadly force. As such, using a firearm while impacted by the above listed effects undoubtedly has the potential to generate some tragic results.

In response to that potential, some states have enacted legislation prohibiting the possession of a firearm in bars, or even restaurants which serve alcohol.

For instance, in Texas, those who are licensed to carry are prohibited from doing so “on the premises of a business . . . if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption . . . .” Tex. Penal Code § 46.035. These establishments must post notice informing its entrants of the same, as depicted in the sign below.

Retrieved from https://www.tabc.state.tx.us/publications/brochures/weapons51.pdf on January 6, 2015.

Similarly, in Oklahoma “a person possessing a valid handgun license . . . may carry [a] concealed or unconcealed handgun into any restaurant or other establishment licensed to dispense low-point beer or alcoholic beverages where the sale of low-point beer or alcoholic beverages does not constitute the primary purpose of the business.” Okla. Stat. tit. 21, §§ 1272.1. Unlike Texas, however, Oklahoma does not share the notice requirements of Texas. Accordingly, you will not find any “51%” signs in Oklahoma.

These laws come from two states which are widely recognized as strongholds for firearm freedoms. However, while proponents of these laws claim that these laws are “well-intentioned,” one who argues that they are over inclusive may have a valid point. These laws do not account for an individual who enters a “51%” or “primary purpose” establishment, but does not drink. Perhaps the establishment has the best burgers or finest cigars in town. The law precludes a completely sober individual who is licensed to carry from enjoying these additional services, even if alcohol consumption and firearm possession are not necessarily combined. We understand that there are counter-arguments related to other drunk patrons attempting to grab the firearm, and perhaps the sheer prospect of too many idiots with beer muscles getting shot. On the other hand, the individual carrying the firearm, whose responsibility remains the same wherever he or she may be, would remain the same licensed, qualified, clear-headed individual.

Retrieved from Oklahoma’s http://soonerpoll.com/tulsans-split-on-feeling-safe-1-year-later-on-open-carry/ on January 6, 2015.

In 2013, in an interview with the Pocono Record, Sheriff Todd Martin indicated that Pennsylvania has a similar law. First, we want to say that as a human being we respect Sheriff Martin. He has fought an incredible, courageous battle with cancer and won. We wish nothing but the best to Sheriff Martin and his family.

Keeping that in mind, we would like to clear up Sheriff Martin’s minor miscue in the interview referenced, when he stated that “[e]ven with a License to Carry a Firearm, places that licensees are not permitted to carry a firearm are: schools and school properties, court facilities, state and federal buildings or properties, bars and taverns . . . .” http://www.poconorecord.com/article/20130318/News/303180326.

As we previously noted in our post Hot Zones there is no law in Pennsylvania which prohibits the holder of a valid License to Carry Firearms from doing so in a bar. Consequently, for all intents and purposes, a bar is much like any other private establishment when it comes to carrying firearms.

Under no circumstances are we encouraging anybody to “go ahead and get drunk at the bar with your firearm.” We’re not even saying that the fact that something is legal makes it a good idea. What we are saying, is that Pennsylvania does not explicitly prohibit holders of a valid LTCF from carrying a firearm in a bar. In Pennsylvania, a clear-headed, sober, duly licensed individual maintains the right to carry, even in a bar, whereas he or she would not in Texas or Oklahoma under the above circumstances.

Although the privilege is somewhat rare, Pennsylvania law affords the LTCF holding LAGO an opportunity to eat the bar’s world-famous burgers or enjoy its fine cigars while armed. While we hold no grudge for the miscue, we do hope that no arrests have been made for a LTCF holder simply carrying a firearm in a bar. That would be wrong.