CWL inside a nightclub???

I received an email today from a reader who had an argument with a friend.  Both are NRA instructors.  The other guy told my reader you could legally carry inside a nightclub.  My guy balked, and said "no way" -- but he emailed me just to make sure.  

For most of us, especially those who've read my book  -- the answer is pretty simple:   No Frickin Way!!!   

Now,  that's not because it should be "no frickin way"  -- because it's my firm belief that if you have a CWL -- you should be able to carry anywhere.  (yeah -- some exceptions might apply).  But, the law is the law . . .  right?

However,  there's more to the issue involved than meets the eye.  The section of the statute in 790.06 says your CWL "does not authorize" you to carry in "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."

 So,  if you're in a "portion" of the establishment not "primarily devoted" to drinking or serving alcohol -- who knows -- maybe you're legal?  Obviously,  that's an intensive factual determination that will vary club-to-club.  However,  the general rule will always be "no" -- and the safe rule will always be "no".   But,  if you're truly curious -- here's my answer to the email:

The problem has always been people who interpret the law the way they want it to be, rather than the way it actually is.  They haven't the legal training, the law enforcement practical experience,  or the courtroom experience to understand what will occur in the real world. It's like all the stupid Facebook videos where somebody is arguing with a cop and refusing to obey instructions -- because the cop "can't do that".  Yeah -- until they get arrested, or get their head cracked in, or worse.  It's pure arrogance.  However,  and  true -- there is always an "argument" CWL carry might be legal -- but the chance of actual success -- is what drives reality, and legal advice.  The argument is the "dance floor" is not for the primary purpose of serving/drinking alcohol.   But then -- is there another portion of the club primarily devoted to food service?  Either way,  you still have a "test case",  and the arrest would lead to a suspension of your CWL until and unless resolved in your favor.  Plus,  my guess is that there would always be an arrest under those circumstances.  The question then becomes:   is a night in jail, a criminal record no matter what the outcome, bail, attorney fees,  suspension of your CWL, and the unanswered issue in your "test case" really worth it???

 

So, yeah.   Maybe he's right.  But,  at this point the issue is likely heavily weighted against him.  An arrest is highly probable.  Being arrested sucks.  And -- my guess is that he doesn't have the time or money to take it as far as it would need to go to resolve it.  That's what your acquaintance is missing.