North Carolina Carry confusion: Places with alcohol

In the above link, the following two statements seem to conflict:

WHERE CAN I CARRY A CONCEALED FIREARM IN NORTH CAROLINA?

  • Carry in bars and restaurants that serve alcohol? Yes, unless posted and provided you do not consume any alcohol or have any alcohol in your system.

WHERE CAN’T I CARRY A CONCEALED FIREARM IN NORTH CAROLINA?

  • Any place alcohol beverages are consumed (except by the owner or lessee of the premises or establishment), if posted, and if consuming or under the influence of controlled substances or alcohol.

By law, am I allowed to carry concealed in bars/restaurants (with a permit), provided I do not drink?

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I am NOT a lawyer, (nor do I want to be, personally…) … so I will ask @MikeBKY to confirm…
But as I read it, they say exactly the same thing … I’ll boldface the points:

Can:
Carry in bars and restaurants that serve alcohol? Yes, unless posted and provided you do not consume any alcohol or have any alcohol in your system.

Can’t:
Any place alcohol beverages are consumed (except by the owner or lessee of the premises or establishment), if posted, and if consuming or under the influence of controlled substances or alcohol.

Sounds like the same set of rules to me, just once phrased as a positive and once phrased as a negative.

Thankfully we don’t have to worry about that in PA from a “letter of the law” standpoint… No enforcement of gun-free zones, carrying w/ alcohol discouraged but not illegal…

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You need to look to the two statutes that address firearms, bars and alcohol.
G.S. § 14-415.11 prohibits carrying a firearm while consuming alcohol or while it is in your blood.

(c2) It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in the person’s body any alcohol or in the person’s blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person’s blood was lawfully obtained and taken in therapeutically appropriate amounts or if the person is on the person’s own property.

G.S. § 14-269.3 prohibits carrying a firearm into a bar unless you have a permit AND it is not posted.

(b) This section shall not apply to any of the following:
(5) A person carrying a handgun if the person has a valid concealed handgun permit issued in accordance with Article 54B of this Chapter, has a concealed handgun permit considered valid under G.S. 14-415.24, or is exempt from obtaining a permit pursuant to G.S. 14-415.25. This subdivision shall not be construed to permit a person to carry a handgun on any premises where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with G.S. 14-415.11©.

https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.11.html

https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.3.html

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Thanks for bringing this to our attention, @Striker! I’ve let our legal guru know it’s confusion and I’ll let you know what she has to say.

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Thank you, Mike. This clears it up.

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I am not a lawyer, I do not play one on TV, and I did not stay in a Holiday Inn Express last night…

Now, with that disclaimer and a suggestion to read whatever MikeBKY posts…

The first states

You will notice is states ‘unless posted and provided you do not consume any or have any in your system’ . In other words if it says no, then no, and if you drink or have had a drink, no.

The second one says;

And here is the kicker… you can not carry 'if posted or consuming alcohol or have consumed alcohol.

They both say basically the same thing just with different words.

If it is not posted, you can carry, as long as you do not drink and have not had any drinks.

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