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Arizona: Understanding Carrying in Bars and Restaurants (alcohol)

4/15/2020

Comments

 
Picture
This is the state-issued legally approved sign described below
Arizona law defines two type of retailers: off-sale retailers, liquor stores/package stores where consumption on the premises is illegal, and on-sale retailers, such as bars and restaurants. 

A common misconception is that it is legal for a concealed weapon permittee to carry a firearm inside an establishment that serves alcohol (bar/restaurant), as long as the firearm remains concealed and the carrier does not drink alcohol. This only applies when 
there is not a 'no-guns' sign posted. A 'no-guns' sign means no guns, period, permit or not. If the sign does not meet the below requirement, 4-229 is not enforceable.

'No guns' signs and alcohol 4-229
A person may carry a concealed handgun on the premises of a licensee who is an on-sale retailer unless the licensee posts a sign that clearly prohibits the possession of weapons on the licensed premises. A person shall not carry a firearm on the licensed premises of an on-sale retailer if the licensee has posted a 'no guns' sign. 4-229B does ban open carry if a sign is posted.

The sign must meet the following requirements to be enforceable:
  • Be posted in a conspicuous location accessible to the general public and immediately adjacent to the liquor license posted on the licensed premises;
  • Contain a pictogram that shows a firearm within a red circle and a diagonal red line across the firearm;
  • Contain the words, "no firearms allowed pursuant to A.R.S. section 4-229";
  • The signs required by this section shall be composed of block, capital letters printed in black on white laminated paper at a minimum weight of one hundred ten pound index. The lettering and pictogram shall consume a space at least six inches by nine inches. The letters constituting the words "no firearms allowed" shall be at least three-fourths of a vertical inch and all other letters shall be at least one-half of a vertical inch.
You may enter an establishment that serves alcohol to seek emergency aid or determine whether a 'no guns' sign has been posted. Generally, no 'guns' signs are posted at the entrances.
​
​​Concealed carry with a permit legal without a 'no guns' sign 4-244(29)
It is illegal for any person to be in possession of a firearm while at an establishment that serves alcohol except:
  • Law enforcement officers;
  • The licensee or their employees; but
Concealed weapon permittees may carry a concealed handgun only when the establishment has not posted a 'no guns' sign pursuant to section 4-229. If there is a proper 'no guns' sign, you cannot carry a firearm, even if you are licensed.

Defenses to 4-229
These are not exemptions; you may still be arrested and prosecuted and argue them in court. 
  • You were not  informed of the notice;
  • At the time of the violation the sign had fallen down;
  • At the time of the violation the person was not a resident of this state; 
  • The sign was posted less than 30 days ago.
If you are a non-Arizona resident, you must prove that you didn't know about the law, not that you thought the law didn't apply to you.

Illegal to serve or sell alcohol to someone carrying a firearm or allow them to remain 4-244(30)
A licensee or employee cannot knowingly permit a person in possession of a firearm 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. 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. Concealed weapon permittees may stay as long as there is not a 'no guns' sign posted and they do not consume alcohol.

It is illegal for any person in possession of a firearm while on the licensed premises of an on-sale retailer to consume spirituous liquor. 4-244(31)

"Spirituous liquor" includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, porter, ale, beer, any malt liquor or malt beverage, absinthe, a compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol, any liquid mixture or preparation, whether patented or otherwise, which produces intoxication, fruits preserved in ardent spirits, and beverages containing more than one-half of one per cent of alcohol by volume 4-101(31).
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This does not constitute, nor should be implied as, legal advice. Always seek an attorney's advice and consult state and local laws yourself. User assumes all liability for use of the information provided here. Copyright 2022. Updated 12/2022.
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