Page 1 of 2 12 LastLast
Results 1 to 25 of 28

Thread: Alcohol consumption limit while carrying

  1. #1
    Regular Member
    Join Date
    Apr 2013
    Location
    Utah
    Posts
    9

    Alcohol consumption limit while carrying

    Some states are same as DUI, some states don't allow it at all.

    What is it for Arizona?

    Thanks.

  2. #2
    Regular Member
    Join Date
    Apr 2013
    Location
    Yuma, Arizona
    Posts
    15
    The only alcohol related bit of law I know of in Arizona is the one requiring you to not carry in places that serve alcohol for the consumption on the premises. You can discreet carry there if you have your conceal carry license and DO NOT consume alcohol. As far as drinking at home and carrying in public, I just never do that. I personally think it's a bad practice. You should never really use any kind of tool while under the influence of an intoxicant. Just my 2 cents.

  3. #3
    Regular Member
    Join Date
    Jun 2013
    Location
    Arizona
    Posts
    4

    Alcohol consumption limit while carrying

    I don't drink and carry. A dangerous combo!


    Sent from my iPad using Tapatalk HD

    SA XDM 45 5.25 Competition Model
    SA XDS 45 3.3
    Sig P238 Pearl

  4. #4
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    Quote Originally Posted by Weado View Post
    ...You should never really use any kind of tool while under the influence of an intoxicant. ...
    Agreed. So here is my spiel, since the opinions have now been thrown out there in addition to just answering the OP's question:

    Let's say you've have one beer (because you pace yourself and drink responsibly) while home. Next thing you know, your spouse starts having a medical emergency and needs to get to the hospital ASAP. You know you are under the legal limit, and you know you are not impaired beyond your ability to drive a car. You have no time to call anyone else. Would you drive to save a life?

    Same with CARRYING a firearm. You would never purposely drink before using a firearm, just like you should never purposely drink before operating a motor vehicle. Yet you still know where your car keys are and you have the ability to drive someone to the hospital if you stay below the legal BAC limit (which is also purposely below what makes someone (a lightweight at that) a dangerous driver.)

    Possession (of a car or a firearm) is different than purposeful operation of such a device. There is nothing inherently dangerous with possession while RESPONSIBLY drinking and staying below the legal limit. If you don't/can't do that, than you should be giving someone else your car keys in addition to putting your gun away before you drink, and one could argue that you should probably rethink your ability to drink at all.

    It's not about the gun. It's about self-control.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  5. #5
    Regular Member
    Join Date
    Sep 2012
    Location
    Az
    Posts
    46

    Alcohol consumption limit while carrying

    ^^ I agree 100% on that. Good response MAC702!


    Sent from my iPhone using Tapatalk

  6. #6
    Regular Member OldCurlyWolf's Avatar
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    912
    My limit in most circumstances is zero.

    Once in the last 10 years I had ONE beer.
    I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do those things to other people and I require the same of them.

    Politicians should serve two terms, one in office and one in prison.(borrowed from RioKid)

  7. #7
    Regular Member Sonora Rebel's Avatar
    Join Date
    Aug 2008
    Location
    Gone
    Posts
    3,958
    There was a time (not long ago) when you could hand your weapon or gunbelt to the barkeep and get it back when you left. I've tipped a few at the Congress Hotel bar in Tucson with my gunbelt on and nobody said a word. There was a time when it didn't really matter all that much in Arizona before the permit stuff in '94 and this huge influx of foreigners from anti-gun states and their imported attitudes.

    Yeah... I drink and carry. So what? I frequent bars and road houses too. I'm no saint, but I've never had a DUI either. There's no 'legal limit' while heeled or in your vehicle in any ARS 13 that I can find.

    As a cop in the mid-70's... we were required to be armed all the time, off-duty... vacation... 'didn't matter. There was no caveat about drinking. So, we carried and were responsible for the consequences... like 'adults'. I think that's still the case in that Department.

  8. #8
    Regular Member
    Join Date
    Jun 2012
    Location
    Florida
    Posts
    1,095
    Lots of states, like Florida, do it right.

    No restrictions on drinking while carrying, unless you are impaired and actually discharge a firearm or hold a loaded firearm in your hand (self defense, defense of another, or defense of property exempted.)
    Last edited by notalawyer; 06-25-2013 at 08:45 PM.

  9. #9
    Regular Member azcdlfred's Avatar
    Join Date
    Dec 2006
    Location
    Tucson, Arizona, USA
    Posts
    907
    Quote Originally Posted by notalawyer View Post
    Lots of states, like Florida, do it right.
    Florida has some restrictions on the type of places serving alcohol while carrying.

    When I lived in Virginia, as long as I was open carrying I could walk into ANY place that served alcohol and have a drink. There was a legally acceptable blood alcohol limit while carrying, just like while driving. Oddly, when they passed their CHP (CCW for Arizona folk) in 1994 it became illegal to carry discreet where alcohol was served. I think that was recently changed, not sure.

    The only incidences of drinking and shooting that I was aware of the 15 years I lived in Virginia were cops (typically feds) getting drunk and settling arguments with their firearms.

    Fred

  10. #10
    Regular Member clarkebar's Avatar
    Join Date
    Oct 2010
    Location
    Mesa, AZ
    Posts
    136
    I'm with Sonora Rebel on this one. I don't think alcohol and guns are a bad mix unless the person who mixes them is unable to control themselves and drinks to excess.

  11. #11
    Regular Member clarkebar's Avatar
    Join Date
    Oct 2010
    Location
    Mesa, AZ
    Posts
    136

    Arizona Alcohol and Guns Laws

    I have a question pertaining to this topic. Does anyone know if there is a differentiation between bars and restaurants with regard to alcohol licenses? I'm wondering if it's illegal to open carry into restaurants just because they serve alcohol or if the law only applies to bars.

  12. #12
    Regular Member TOF's Avatar
    Join Date
    Nov 2008
    Location
    Happy Jack, Arizona, USA
    Posts
    443
    Quote Originally Posted by clarkebar View Post
    I have a question pertaining to this topic. Does anyone know if there is a differentiation between bars and restaurants with regard to alcohol licenses? I'm wondering if it's illegal to open carry into restaurants just because they serve alcohol or if the law only applies to bars.

    Restaurant and bar are equal regarding carry laws. Alcohol sales for consumption on premises dictate no open carry.
    If you woke up breathing, congratulations! You get another chance.

  13. #13
    Regular Member Phoenix David's Avatar
    Join Date
    Sep 2009
    Location
    Glendale, Arizona, USA
    Posts
    629
    While I don;t think it's a good idea, I think the law is silent on that topic.
    Freedom is a bit like sex, when your getting it you take it for granted, when you're not you want it bad, other people get mad at you for having it and others want to take it away from you so only they have it.

  14. #14
    Regular Member Gumby71's Avatar
    Join Date
    Aug 2011
    Location
    Tucson, AZ
    Posts
    10
    Arizona statutes are fairly clear on serving/consumption of alcohol to a person carrying a firearm.

    "ARS 4-244 Unlawful acts
    It is unlawful:
    31. For any person in possession of a firearm while on the licensed premises of an on-sale retailer to consume spirituous liquor. This paragraph does not prohibit the consumption of small amounts of spirituous liquor by an undercover peace officer on assignment to investigate the licensed establishment."

    You can be intoxicated and leave your home in that state of being. Extremely dangerous to yourself and those around you (think lawsuits). But, you and the establishment that serves you and at risk for hefty fines/jail time if you want to go out to partake while armed.

  15. #15
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    Quote Originally Posted by Gumby71 View Post
    Arizona statutes are fairly clear on serving/consumption of alcohol to a person carrying a firearm.

    "ARS 4-244 Unlawful acts
    It is unlawful:
    31. For any person in possession of a firearm while on the licensed premises of an on-sale retailer to consume spirituous liquor. This paragraph does not prohibit the consumption of small amounts of spirituous liquor by an undercover peace officer on assignment to investigate the licensed establishment."

    You can be intoxicated and leave your home in that state of being. Extremely dangerous to yourself and those around you (think lawsuits). But, you and the establishment that serves you and at risk for hefty fines/jail time if you want to go out to partake while armed.
    Question, maybe dumb, but I don't know:

    Does "spirituous liquor" include beer/wine? It's medical definition does not. It's common sense definition does not. Does it specifically define it otherwise in AZ law?

    Aside: I have reported the above post that bumped this thread. Looks like spam.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  16. #16
    Regular Member SFCRetired's Avatar
    Join Date
    Oct 2008
    Location
    Montgomery, Alabama, USA
    Posts
    1,770
    Don't live in Arizona, but let me add this one factor to the equation: If you have had even one beer and then have to use your weapon in self-defense, a politically ambitious and unscrupulous prosecutor can make a lot of mileage out of that one beer to a jury. That is my biggest worry about having a drink in public while carrying. There is also the possibility that, should you be sued in civil court for a defensive shooting, the plaintiff's attorney will use that one beer to paint you as a hard drinker who shouldn't be allowed near a water pistol.
    "Happiness is a warm shotgun!!"
    "I am neither a pessimist nor a cynic. I am, rather, a realist."
    "The most dangerous things I've ever encountered were a Second Lieutenant with a map and a compass and a Private who was bored and had time on his hands."

  17. #17
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    Quote Originally Posted by SFCRetired View Post
    Don't live in Arizona, but let me add this one factor to the equation: If you have had even one beer and then...
    Don't worry, someone always brings that opinion into it. I don't know about Alabama. I've yet to see a legal issue in my states (NV, AZ, UT) where a non-drunk person had alcohol used against him during a self-defense issue.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  18. #18
    Regular Member SFCRetired's Avatar
    Join Date
    Oct 2008
    Location
    Montgomery, Alabama, USA
    Posts
    1,770
    Quote Originally Posted by MAC702 View Post
    Don't worry, someone always brings that opinion into it. I don't know about Alabama. I've yet to see a legal issue in my states (NV, AZ, UT) where a non-drunk person had alcohol used against him during a self-defense issue.
    OK, call me paranoid, and, no, I haven't seen such a case in Alabama yet. But this Old Man is not going to tempt fate by going out and drinking anything with a gun on my hip. I do what little bit of drinking I do at home.

    You've got a point, but there's always that first time.
    "Happiness is a warm shotgun!!"
    "I am neither a pessimist nor a cynic. I am, rather, a realist."
    "The most dangerous things I've ever encountered were a Second Lieutenant with a map and a compass and a Private who was bored and had time on his hands."

  19. #19
    Regular Member
    Join Date
    Dec 2011
    Location
    Globe, AZ
    Posts
    57

    Alcohol consumption limit while carrying

    Quote Originally Posted by Sonora Rebel View Post
    There was a time (not long ago) when you could hand your weapon or gunbelt to the barkeep and get it back when you left. I've tipped a few at the Congress Hotel bar in Tucson with my gunbelt on and nobody said a word. There was a time when it didn't really matter all that much in Arizona before the permit stuff in '94 and this huge influx of foreigners from anti-gun states and their imported attitudes.

    Yeah... I drink and carry. So what? I frequent bars and road houses too. I'm no saint, but I've never had a DUI either. There's no 'legal limit' while heeled or in your vehicle in any ARS 13 that I can find.

    As a cop in the mid-70's... we were required to be armed all the time, off-duty... vacation... 'didn't matter. There was no caveat about drinking. So, we carried and were responsible for the consequences... like 'adults'. I think that's still the case in that Department.
    Arizona is great, but it must have been AWESOME back in the 70's before the liberals invaded.
    There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible to live without breaking laws. AYN RAND

  20. #20
    Regular Member
    Join Date
    Jul 2011
    Location
    northern wis
    Posts
    3,194
    The 70's in most places were just the start of the nanny state were the liberals decide that they had to protect everybody from every thing.
    Personal Defensive Solutions professional personal firearms, edge weapons and hands on defensive training and tactics pdsolutions@hotmail.com

    Any and all spelling errors are just to give the spelling Nazis something to do

  21. #21
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    If alcohol magically means no firearm, don't forget your pocket knife. While you are at it, your car keys can't be in your possession either, and you should probably file your fingernails dull beforehand, too.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  22. #22
    Regular Member
    Join Date
    Nov 2013
    Location
    Arizona
    Posts
    14
    Arizona has no laws restricting someone from drinking while handling guns. It only becomes an issue when someone begins acting in such a manner that they present a danger to their self, or others. So no, it's not addressed legally speaking. Can't do that in Alaska though, and they supposedly have fewer restrictive gun laws than any other state, not.

    I was at one of my favorite shooting spots in the desert and these guys showed up with a cooler full of beer, and they proceeded to get out right drunk. My Son and I packed up and then ran into a sheriff, and so we reported it to him. He told us that unless they were acting dangerously, they were not violating the law, it's legal to drink and shoot. It's also legal to hunt drunk.

    This does not mean it is a good idea, it's not, it's very irresponsible I think. I mean, I see nothing wrong with someone having a beer or two while hunting or shooting, but it becomes dangerous when they reach a point of intoxication, in my opinion.

    S&W357mag

  23. #23
    Regular Member OC for ME's Avatar
    Join Date
    Jan 2010
    Location
    White Oak Plantation
    Posts
    12,272
    Drinking and hunting do not mix. Drinking and target shooting do not mix. Drink after any planned target shooting or hunting.

    At home the "guns and no booze" crowd either do not drink, ever, or should lock up their guns and take their chances in a SD situation.

    Away from home, follow the law and your conscience.

  24. #24
    Campaign Veteran MSG Laigaie's Avatar
    Join Date
    Jan 2011
    Location
    Philipsburg, Montana
    Posts
    3,137
    Quote Originally Posted by Sonora Rebel View Post
    Yeah... I drink and carry. So what? I frequent bars and road houses too. I'm no saint, but I've never had a DUI either. There's no 'legal limit' while heeled or in your vehicle in any ARS 13 that I can find. .
    Yep, he's a Rebel. I agree with you mate. I wear my weapon 100% of the time, and that includes when I have a beer at home or a margarita in a restaurant. Do I get intoxicated? No, I am an adult and I like being in control of my faculties.

    A wise man once said..."The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington"
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

  25. #25
    Regular Member Kopis's Avatar
    Join Date
    Jun 2013
    Location
    Nashville, TN
    Posts
    727
    the US is very strange in that a lot of people drink but publically say alcohol is bad, especially where i live. I can go out with my friends and have 2-3 beers, a few appetizers and wouldnt think twice about CCing for the walk back to the car in downtown memphis. Now, if youre stumbling drunk.... bad idea.

    Same goes for weekend shooting. I have two other buds that we do medium range AR shooting, we may have 1-3 beers over a few hours, not to mention many long walks across the field to setup targets.


    I know a lot of people will bash this but to each their own. You can be responsible and mix the two i believe just like you can have a few beers and still drive.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •