By Lee Williams
On Sept. 15 at around 10:15 p.m., Olaf Brurberg Andersen IV, was drinking Coors Light inside Pete’s Bar in Neptune Beach, Florida, when a police officer approached him.
The Neptune Beach Police officer told Andersen someone had seen a handgun in his waistband. A Florida statute still on the books prohibits carrying a concealed firearm inside a tavern. The officer escorted the 24-year-old outside the bar, read him the Miranda Warning and began a field interrogation.
According to his arrest report, Andersen told the officer he was “unaware he was not allowed to carry a firearm inside establishments licensed to dispense alcohol.” He was arrested without incident. His Springfield XD and Blackhawk holster were seized and placed into property. “It should be noted the firearm was loaded with a round in the chamber,” the arrest report states.
Andersen was taken to the Jacksonville Sheriff’s Office and charged with violating Florida state statute 790.06(12): Carry concealed weapon or firearm in portion of establishment licensed to dispense alcohol for consumption on premises.
One week earlier, at around 10:47 p.m., Shane Wilson Adcox was drinking Pabst Blue Ribbon in Pete’s Bar. According to his arrest report, he struck up a conversation with another patron about a recent shoulder surgery he underwent and raised his shirt to show the surgery scar.
“Upon raising his shirt, Witness #1 noticed a firearm inside the suspect’s waistband. When the suspect noticed Witness #1 observing the firearm, he pointed to it and stated he was ‘in Blackwater,’ and referred to the firearm as his ‘side piece,’” his arrest report states.
Another Neptune Beach Police officer was summoned. Adcox, a 55-year-old retired Navy veteran, was escorted outside and detained. His arrest report states, “Post Miranda, the suspect stated that he was unaware he was not allowed to carry inside establishments licensed to dispense alcohol.”
Adcox’s 9mm GLOCK 45 was seized and he was also taken to the Jacksonville Sheriff’s Office jail. He was charged with violating three Florida state statutes: 790.06(12) Carry concealed weapon or firearm in portion of establishment licensed to dispense alcohol for consumption on premises, 790.10 Improper exhibition of a firearm or dangerous weapon and 790.151(3) Possessing a firearm while under the influence of alcohol.
According to police reports Adcox never exhibited his handgun or even removed it from the holster, and at no time did police conduct sobriety testing to determine whether he was under the influence of alcohol.
Charges pending
Andersen pleaded no-contest to the charge and was sentenced to two days in jail, but was given credit for the two days he served following his arrest. Andersen did not respond to calls or emails seeking his comments for this story.
Adcox has a court date next month, but an assistant state attorney recently dismissed two of the three charges he faced: 790.10 Improper exhibition of a firearm or dangerous weapon and 790.151(3) Possessing a firearm while under the influence of alcohol.
Adcox is still recovering from the weekend he spent in the county jail.
“They threw me into the petri dish, man. I got out late Sunday night with a burning throat, sneezing and fever,” he said. “I tested positive for COVID and Strep. I’m still feverish.”
Prosecutors offered him a deal, in which he would have to take several online courses and pay fines and court costs. His GLOCK, however, would be forfeited.
“They just suspended my CCW permit,” he said. “There’s no way I’m taking that deal.”
Unconstitutional
Eric Friday is general counsel and chief lobbyist for Florida Carry, Inc., and the state’s preeminent expert in firearms law and Second Amendment rights.
Friday said Florida’s statute that prohibits carrying a concealed firearm inside an establishment licensed to dispense alcohol is unconstitutional based on the 2022 U.S. Supreme Court decision New York State Rifle & Pistol Association, Inc. v. Bruen, which states that “history and tradition” should determine whether a law regulating firearms is constitutional under the Second Amendment.
“If you understand Bruen, you have to look at the text, history and tradition and then find an analogous statute,” Friday said. “This statute is unconstitutional as to certain places, because you cannot find a founding-era statute that prohibits possession of firearms inside a bar, or one that prohibits possessing intoxicating liquor while possessing a firearm.”
Therefore, Friday said, both Andersen and Adcox should never have been charged.
“Prosecutors should have removed the charge. The public defender should have asked for the charge to be removed. The judge should have been told this by both attorneys, but he too should have known this was not a crime,” he said. “We’ve got checks and balances within the legal system. The problem is when police officers, public defenders, prosecutors and the judge fail to catch these errors, the system has indicted itself at that point.”
Adcox said neither the prosecutor nor his public defender have told him that the charge he still faces may be unconstitutional.
“My public defender said he was ‘looking into some things,’” he said.
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Sadly too many supposed 2A advocates are all too quick to throw their peers under the bus in the name of mystical beliefs about alcohol. These laws are unnecessary and unconstitutional, but fuddy gun owners are terrified of being seen acknowledging the reality that beer doesn’t turn people into impulse killers.
I agree entirely. This is sadly a logical extension of RSOs with little man syndrome who believe they have the legal authority (if they’re not ATF or IRS, they don’t) to demand to see tax stamps at the range.
AMEN!
It may not be constitutional, but shouldn’t you be aware of the conditions were you can and can’t carry. A lot of issuing agencies automatically revoke when this happened. Of course, if nobody sees it, nobody is getting arrested.
I can’t speak for the other 57 Counties here in CA, but L.A. has the same condition for CCW holders. You may not enter any establishment whose primary business is the serving of alcohol, regardless if it also serves food, such as a bar & grill. Doesn’t matter if you don’t touch a drop of brew and remain fully sober; you may not bring your gun. Not even locked in your car, because the parking lot is considered part of the establishment.
Not Bruen friendly.
FL is not quite that bad, you can carry in a Bar and Grill as long as you are in the section where food is primarily served and you can even have an adult beverage with your meal… Just don’t overdo it…
MM
Same in Washington. Restaurant is ok. 21 and over designated area, no.
An exception is if you have the permission of the bar owner, IIRC… Have to look it up.
Liberal/Progressive Democrat Tyranny is never far away and will always exist as long as it is Allowed.
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Unless your a disabled veteran.
In Oregon anyne over age t drink may possess, concealed, a handgun inside any bar or liquor establishment, provided they do not actually CONSUME alcohol whilst armed.
There is a very amusing and apparently true incident tht took place in eastern Washingon sme years ago where a new “regular” to the lo=ocal watering hole ended a robbery in his newly adopted “local” by killing the armed robber with one round, as perp had a gppd bead on the barkeep and the till. During the kerfuffle immediately followng, perp dead oj the floor,
B;b
calmly walked ou the front door and off to.. no ne observed where as the commotion in the bar raged. Copers arrived, no ine knew anything more about the hero than that his name is “Bob”.
He was never seen again. Sheriff allowd as to how he’d
like to tallk to the guy if he ever shows up agsin”, bu.. crickets.
No ine realy kniws even whether his real name was “bob”. It all could have bee a local cover.
As lng as you’re not intoxicated, who cares whether Bob has a gunon his hip?
FN HP DA
Unless your a disabled veteran.
???… What’s your point? I’m 100% disabled veteran and I carry EVERYWHERE in FL that doesn’t have an x-ray or metal detector…
Not Castle Doctrine friendly, either. Which might be a point of attack. My car is my house, and pulling to the Dew Drop Inn don’t cloud my title.
“Not even locked in your car, because the parking lot is considered part of the establishment.”
At least in Florida, the inside of your personal vehicle is legally-considered the same as the inside of your home…
Pre Bruen yes would be absolutely pragmatic and sensible for self preservation. Now it’s more a question of why are such laws still in existence when they were unconstitutional before there was an effective method to challenge them?
Waaallll,
My view is – my bar, my call. Your bar, your call. But my car is my call. Unless I park it IN the bar That would be different.
Don’t really know what was the ancient condition. I would be a little surprised if that’s not close.
Play Devil’s advocate here, I am sure that somewhere in the newly formed U.S., there was a city that outlawed loaded guns in taverns and/or inns. All it would take is a couple of drunk mad men using firearms to settle an arguement and a sheriff/mayor making a knee jerk law against it.
I do not know if the antigunners could make it fly, but it would be a start of many courtroom battles.
rt66 we had that come up actually, Territory not a State and the moment Statehood came into play such things evaporated until more current day.
I have a right to self defense no matter the situation. Personal Responsibility for your actions/inactions is the only thing we should focus on.
Bruen will eventually force a bunch of change on the useless idiots who will eventually fall back on “I was following orders.” Get ready to hear a bunch of blood in the streets idiocy from the usual suspects.
Still waiting for the big red tidal wave in Florida that was supposed to happen after they passed no permit concealed carry…
Has there been state-wide elections since the bill was signed? I don’t think so. I think this is the year 94) for legislature elections.
I was referring to the “blood in the streets” that the gun grabbers were screeching about when the bill was first announced… So far absolutely NO “rivers of blood” flowing anywhere in the state…
Didn’t work in Nuremberg, no My Lai.
Lesson learned don’t go to Pete’s Bar in Neptune Beach… And don’t raise your shirt to show a “shoulder?” scar… Been carrying in bars for years (definitely not the only one in the bars I frequent) never had the desire to take my clothes off to show off all of my scars…
Because fair-weather, milquetoast, pandering support is all our rights ever get from all either side of the aisle. Government by it’s very nature always tilts toward control and less liberty.
I understand the Bruen significance of these incidents but the irony to me is these guys were drinking what used to be classified as “non-intoxicating” by many states including mine and that was all that was available.
So the police officer seemed concerned that a citizen was carrying a concealed firearm with a loaded chamber…Hmm, isn’t that the way the police carry firearms? Isn’t that the way that firearms actually work? Lots of cops are anti-2A as are prosecutors.
A judge recently granted an injunction in MD for a similar law saying that the plaintiffs were likely to prevail as the law, according to Bruen, is unconstitutional. I wonder if any pro-2A groups will take up Adcox’s case.
The list of places guns are not permitted under Florida’s current law was probably formulated to give some of the squishier state legislature members who voted for it some cover. Doesn’t make it right, but that’s how gummint does things.
I wouldn’t be surprised if that is correct. Hopefully that becomes less relevant with time.
Same ending if they were carrying at a post office (or parking lot of one), on a Florida college campus, at a sporting event, school, or voting at the polls.
Everyone needs to freak the hell out,,, why?, “one in the chamber”. Whoa no kidding, headlines for the Demwits who watch any three letter network. Don’t tell these surfs that the PoPo carries -w- one in the chamber, oh the gnashing of teeth and the wailing like a banshee.
FIRE ALL THOSE RESPONSIBLE … and throw their cases out for evidence not being credible. If enough careers are ruined by the stupidity of those entrusted to uphold the laws then maybe in the future those with power will work smarter instead of harder.
Doesn’t sound like a Florida problem. It sounds like a Neptune Beach problem. My ex-wife lives in Neptune Beach. Coincidence? I don’t think so. 🤔
megamillions
Them that has, gits…
Why?
Because Fudds, that’s why. RINOs and Fudds -oh, my!
“Because Fudds, that’s why. RINOs and Fudds -oh, my!”
that’s the reason some democrat politicians are suddenly switching parties to republican… they will be RINO, switching to get elected (possibly) to basically weaken Republicans in congress by voting against republican bills and for what the democrats want for gun control and other things.
And the RINOs voters will fall for it too.
If the VA won’t tell a veteran about ALL of the benefits he has earned and is eligible for what would make anyone think a prosecutor who was violating the constitution would tell the defendant about it?
???… There’s a shitload of information available (including service officers available to explain it)… Ever heard of va.gov? Everything you ever needed to know about Veterans benefits… Some people might need someone to hold their hand but most veterans get it… That’s not saying that they don’t make you fight for some of that stuff but most of it is readily available with minimal effort…
Depends on the individual VA
South Ga, North FL VA is 1st class, three clinics within 30 miles and two modern (one new) hospitals less than hour away… Got the wu-flu last month they sent me straight to the local ER, $2600 later not a dime out of pocket (your experience may vary) on Eliquis for the rest of my life at $500 a month (no charge, thanks VA) I’ve been in this system since 2000 and have received nothing but the best care available (mental health, eye care, dental and primary medical)… Only frustration I’ve dealt with was getting my 100% disability, took about 18 months of incremental fighting (first 60% then 80% and finally 100%)
When the anti gun crowd finds an antique anti gun law they scream, see, see, even in tombstone you weren’t allowed to carry a gun.
Those laws only stood because nobody fought them for being unconstitutional.
Courts move so slowly today. I can’t imagine what it was like150 years ago.
Substantial part of the “problem” is clearly the Neptune Beach Police having nothing to occupy their time and no adults running the joint.
Also sounds like some Karen is trolling “Pete’s Bar. An owner/manager/staff?
Getting drunk with a gun in your waistband—that just screams gun safety.
Posting with a name like “Drunks & Guns” just screams “Dumbass”.
There is NOT ONE shred of information indicating these guys were “drunk”. In fact, the record clearly shows NO to tests were done in either case, thus the issue was NOT being DRUNK but merely being INSIDE the sacred boundaries of the Establishment. Not a suitable cause for disarmong anyone.
READ the whole piece, for comrehension.
Gun Safety is something you ingrained if you’re responsible. We have a right to self defense, everywhere
So, I wonder if the Breun standard would also negate the parts of the Statutes that also restrict the carry of firearms inside of government buildings? It would seem that if the statute about carrying in a bar is unconstitutional as being an illegal restriction against constitutional rights, so would restricting anywhere else.
you have the right of it. NO reason at all.
when will the drunks understand that alcohol and firearms do not mix. Ohio I can carry into a bar but no drinking. I am for all 2A rights and the arresting of the customers is just for revenue. They will auction off every gn.
Alabama dropped the carry prohibition a couple years ago. But, they did retain the zero tolerance on alcohol consumption. Too many areas the only available place to eat also sells beer etc. Even Sherrif’s deputies were complaining about the former rules. I’m a bit ambivalent about the zero consumption rule. A beer with dinner is not becoming drunk and stupid. But, a 6 pack and a few shots are. How about using the same legal limit for driving to be the base line for carry?
That would be like refusing a field sobriety test or BAC. The officer would describe what he/she/it saw, smelled, etc and base it on that.
I was schooled on this by the TTAG comment section several months back.
The verdict is that these are grossly irresponsible people and the full weight of the law should come down on them because the Constitution doesn’t protect “stupidity” as defined by old folks who’ve spent their entire life in the suburbs.
As was explained to me in great detail, no amount of alcohol is acceptable when in possession of a firearm. It makes you slower on the draw, or something, and that’s why you need to disarm if you touch a drop because [reasons that involve repeated use of the word “safety”] and this totally makes sense because, clearly, longer times to deploy a firearm are a good thing when seconds count.
If you’re going to drink any amount of alcohol, disarm prior to doing so. Anything else is ridiculously irresponsible and you’re an asshole if you do it or even if you, as a non-drinker, suggest that this might be a bit of an OTT reaction to a non-issue.
So let it be written, so let it be done.
you sound like a smarmy old schoolmarm.
NOT ONE DROP.. get real dood.
*facepalm*
Wow, just fucking… wow.
What’s that southern expression? “Your biscuit’s not done in the middle”?
A few fries short of a Happy Meal?
Hehehe! :0)
Bless his heart. That’s southern.
History reveals that firearms in taverns/public houses in the period of the War for Indeoenance was a perfectly normal thing. READ the accounts of what happened in Lexoingtin during the ight they waited for the Regulars to show up there. Captain John Parker’s militiamen, of Lexington, wearied of the endless waiting so they agreed to gather in Buckman’s Tavern, right there on the Commons, to wait for further developments. Of COURSE they brought their muskets insode. What, leave them OUTSIDE? Not gonna happen. Each man brought his OWN long gun inside. When word came of the imminent arrival of General Gage’s men, they formed back up outside on the commons. There is no way the men inside simply sat there on their thick ends.. meat and drink were certainly had.
All this shows how utterly worthless the Bruen decision was because the States just give their finger to the radical out of control Supreme Court.
I give the finger to you lil d.
Now take the trash out and clean your room like your mommy told you.
dacian, the DUNDERHEAD. Still trying to show just how much you don’t know? When these laws are contested in the Federal Court and go to the Supreme Court, they will be declared UNCONSTITUTIONAL.
What part of “shall not be infringed” don’t you understand? Or is that too succinct for your Leftist mind
Too much money to be made by doing right. Just like all those immigration attorneys that do not want the laws fixed or followed.
I got my CCL in Illinois when they first came out about 10 years ago. Illinois follows the standard for DUI, which I believe is .07 blood alcohol. I recently moved to Arizona, a much more fire and friendly state. I had my CCL before I had my Arizona drivers license. A notable difference between Illinois and Arizona is that, while there is “constitutional carry,“ you were not allowed to even carry a firearm into an establishment that serves alcohol; you may carry if you have a CCL but you may not consume.
The question I pose to all here, are there any limits to alcohol consumption when you’re carrying? Many of the comments seem to suggest that there should be no limits; are y’all really suggesting this? Do you really think Bruin would support a drunk carrying a gun? And no, this is not some abstract question, as we all know if we’re honest.