Carrying Firearms: Guns in Bars and Other Sensitive Places

Legislative Summary

The bills listed below reflect all relevant state legislation posted to the State Net service as of September 23, 2010.

Legal Community Against Violence is tracking state firearms legislation in all fifty states and the District of Columbia in key policy areas related to firearms. For more information on state firearm legislation, see our other factsheets.

The issue:
For the past several years, the gun lobby has attempted to weaken state laws that restrict the carrying of firearms in sensitive locations such as establishments where liquor is served, places of worship, and public parks. 

The facts:

Allowing individuals to carry concealed firearms in locations where a large number of people congregate and at locations that are sensitive, e.g., places where children are present or where alcohol is served, is dangerous policy. An accident or argument could quickly lead to serious injury or death to an innocent person. In fact, 90% of people say they do not want guns to be allowed in locations such as restaurants, college campuses, sports stadiums, bars, hospitals and government buildings.¹ See “America Caught in the Crossfire: How Concealed Carry Laws Threaten Public Safety” for more information about concealed carry and “Open Carrying: Provocative Conduct, Dangerous Consequences” to learn more about the open carrying of firearms.

Current law:

Most states prohibit the possession of firearms on school property and in courthouses and other government buildings but significantly fewer prohibit guns in places where liquor is served, places of worship, parks or other sensitive areas.²

Legislation:

Carrying Firearms Where Alcohol is Served
These bills would allow lawfully carried firearms in establishments that sell alcohol.

GA                   SB 308                       Signed by Governor 6/4/10.
OH                  SB 239³
SC                   SB 347                       Failed
TN                   SB 3012                     Governor’s veto overridden 6/4/10.⁴
VA                   HB 505/SB 334           HB 505 signed by Governor 4/13/10; SB 334 signed 4/11/10

Failed Legislation⁵

Note also Missouri HB 1692, signed into law 7/12/10, allows a person to carry a firearm on the person (openly or concealed) while intoxicated (this bill replaced Missouri H 1787, failed). Conversely, New York SB 6773 would criminalize possession of a firearm outside the home while impaired or intoxicated by use of alcohol or drugs.

Carrying Firearms in Houses of Worship

The following bills would specifically allow firearms in houses of worship if carried lawfully.

GA                   SB 308                     Amended to require houses of worship to allow firearms in                                                        parking areas. Signed by Governor 6/4/10.
KS                   HB 2391                   Failed
LA                    HB 68                      Failed
OH                   HB 129

Failed Legislation⁶

Carrying Firearms in Other Sensitive Places

These bills would repeal limitations on the lawful carrying of firearms in additional locations such as parks, government buildings and near schools.

GA                   SB 308                     Signed by Governor 6/4/10.  Allows firearms in state parks.
KS                   HB 2685⁷                  Failed
LA                    HB 556/S 81⁸           Both bills remove gun-free zones surrounding schools; HB 556                                                         was signed by Governor 7/2/10; S 81 failed.
MI                    HB 4334⁹
MS                   SB 2862                   Signed by Governor 4/1/10.  Allows firearms in public parks.
OH                   HB 129
SC                    SB 347                     Failed
TN                    HB 2719/S 3753       Both bills allow firearms in certain areas of parks.  HB 2719                                                         signed by Governor 6/3/10; S 3753 failed.

Failed Legislation¹⁰