Can A Bar Owner/Employee Carry At Work?

Can A Bar Owner/Employee Carry At Work?

A Bar Owner Can Carry In His/Her Bar

The short answer is yes!  A Bar owner can carry in his/her bar.  Many people get caught up on the fact that Florida Statute 790.06(12)(a) reads in relevant part, “A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into: 12. Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose…”  Therefore, they believe that they cannot carry into a bar or the bar portion of a restaurant.   Many have this belief even if they work there or own the business.  The important thing to note is that 790.06 does not restrict the carry of a firearm into a bar, it solely fails to authorize such carry. 

A Person may Possess Arms At His or Her Home or Place of Business

Those who work in (or own) a bar or restaurant which serves alcohol can find authorization to carry their firearm in Florida Statute §790.25(3)(n).   This Statute allows the open or concealed carry of a firearm, in your place of business/employment.  Therefore a bar owner can carry a firearm in his/her bar and so can any employee of the bar.  Florida Statute 790.25 is titled, Lawful ownership, possession, and use of firearms and other weapons.— Subsection 3 Lawful Uses specifically states that The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes.  Subsection (n) states (n), “A person possessing arms at his or her home or place of business;” 

There are several important things to keep in mind here.  First, unrelated to the topic of this post, (whether a bar owner can carry in his/her bar), the statute also applies to a persons home.  It does not grant permission for a homeowner to give others the right to carry at their home.  Second, our courts have held that  if you are working, even in an unpaid position, that you may still be at your place of business for carry purposes.  See State v. Little, 104 So.3d 1263, (4th DCA 2013).

Visit this page to learn more about keeping a gun in your car at work.