PC §209(E) - POSSESSING A FIREARM AT ANY PRIMARY ALCOHOL ESTABLISHMENT
CLASS F FELONY
(a) Definition
Possessing a firearm at any primary alcohol establishment is defined as the unlawful possession, carrying, or control of a firearm, whether concealed or openly carried, within the premises of any bar, nightclub, or establishment where the primary source of revenue is the sale of alcohol, without proper legal authorization.
(b) Elements of the Offense
To prove possession of a firearm at a primary alcohol establishment, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant possessed, carried, or controlled a firearm.
The firearm was possessed within a bar, nightclub, or other establishment where alcohol sales are the primary source of revenue.
The defendant did not have legal authorization to possess the firearm in that location.
The defendant acted knowingly and without lawful justification or excuse.
(c) Firearms Possession Rights
Firearms are generally prohibited in establishments where alcohol is the primary source of revenue unless authorized by law. This may include exceptions for law enforcement officers, security personnel, or individuals with specific permits or authorization allowing them to possess firearms in such locations.
(d) Defenses
Defenses to a charge of possessing a firearm at a primary alcohol establishment may include, but are not limited to:
Lack of Knowledge: The defendant did not know or have reason to know they were in an establishment primarily selling alcohol.
Legal Authorization: The defendant had legal permission to possess a firearm in the establishment (e.g., law enforcement officers, licensed security personnel).
Involuntary Possession: The defendant possessed the firearm temporarily due to extraordinary circumstances (e.g., handing over the firearm to security or law enforcement).
Mistaken Location: The defendant was not aware that the location was designated as a primary alcohol establishment.
(e) Penalties
Possession of a firearm on government property is classified as a Class F Felony and may result in the following penalties:
Jail Time: Up to 120 seconds of jail time.
Bond Set: $100,000.00, subject to adjustment based on the jurisdiction’s regulations.
Revocation of Concealed Carry Licenses if applicable.
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