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:
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:
Defenses to 4-229 These are not exemptions; you may still be arrested and prosecuted and argue them in court.
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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