WHITE MOUNTAIN CITIZENS FOR SAFER DINING

Arizona Law

• In 2009, the Arizona legislature decriminalized the carry of a firearm in commercial establishments licensed to serve alcohol, so long as the firearm is concealed, the carrier holds a concealed-weapon permit recognized by the State of Arizona and the carrier does not consume alcohol on the premises. It is worth noting that a few years earlier, the legislature chose to recognize permits issued by all other states, making our state more attractive to our vital tourists. More than 452,000 responsible adults hold Arizona Concealed Weapons Permits. We have no way of estimating how many visitors to the state hold valid concealed-weapon permits from other jurisdictions.
• Arizona's Alcoholic Beverages Code does not distinguish between bars, night clubs and restaurants licensed to serve alcohol. In fact, efforts to make such distinctions were vigorously and repeatedly opposed by the "hospitality industry" lobby, as a means to help the press portray "restaurant-carry" bills as "guns-in-bars" bills - a strategy that finally backfired on them in 2009.
• Owners of such businesses have the option to prohibit firearms on their premises by prominently posting a sign that:
  • Contains a pictogram that shows a firearm within a red circle and a diagonal red line across the firearm.
  • Contains the words "no firearms allowed pursuant to A.R.S. § 4-229."

Where We Stand

• While White Mountain Citizens for Safer Dining recognize that there are several states that do not ban firearms in bars and see no resultant problems, we do not currently take a position on businesses that cater primarily to a drinking clientele. Rather, we are concerned with the safety of ourselves, our families and our guests, if we choose to partake of a meal outside the home.
• We believe that the decision to post "no firearms allowed" actually decreases the safety of both employees and patrons of such restaurants. Those who are prepared to violate other laws, such as the ones that that prohibit armed robbery, will not only ignore such signs, they will view them as a welcome.
• Business owners who rely on this sort of signage count on their patrons to obey the signage and the law. Assuming that they will obey the law, positng "no firearms allowed" tends to exclude designated drivers. Patrons who would lawfully remain in possession of a firearm on the premises cannot consume alcohol.
• Additionally, we believe that forcing patrons to store the firearms they normally carry for personal protection in parked vehicles both increases the risk to the patrons as they enter and exit the restaurant and increases the risk of those firearms being stolen by those who cannot purchase firearms lawfully.
• While we respect the right of business owners to make such a choice, we pledge not to patronize those businesses as long as they remain posted.

The Dining Dilemma

• For several years Arizona's freedom lobby sought to amend the Alcoholic Beverages Code, to distinguish bars from restaurants. The hospitality-industry lobby - in the form of the Arizona Restaurant Association - consistently and successfully opposed all such efforts. This appears to have been so that their allies in the press could portray restaurant-carry bills as guns-in-bars bills, a strategy that finally failed them in 2009.
• An unfortunate consequence of that gamble is that a restaurant owner who has a separate bar section and wishes only to prohibit firearms in the bar, appears to lack the authority to make that distinction as the entire premises are covered by the same license.
• The applicable statute (A.R.S. § 4-229) requires that the signage "Be posted in a conspicuous location accessible to the general public and immediately adjacent to the liquor license posted on the licensed premises." What does that mean to a restaurant patron if the business owner has only posted the sign adjacent to the liquor license, in the bar?
• At this time, lacking any recorded court cases for guidance, we recommend that diners who wish to remain armed avoid such establishments. We have noted such cases, below, when we have been made aware of them.