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Alcohol consumption limit while carrying

radiotom

New member
Joined
Apr 25, 2013
Messages
9
Location
Utah
Some states are same as DUI, some states don't allow it at all.

What is it for Arizona?

Thanks. :)
 

Weado

Regular Member
Joined
Apr 8, 2013
Messages
15
Location
Yuma, Arizona
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.
 

Pisacksen

New member
Joined
Jun 23, 2013
Messages
4
Location
Arizona
I don't drink and carry. A dangerous combo!


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MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
...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.
 

Paver1055

Regular Member
Joined
Sep 15, 2012
Messages
46
Location
Az
^^ I agree 100% on that. Good response MAC702!


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Sonora Rebel

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Aug 6, 2008
Messages
3,956
Location
Gone
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.
 

notalawyer

Regular Member
Joined
Jun 19, 2012
Messages
1,061
Location
Florida
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:

azcdlfred

Regular Member
Joined
Dec 10, 2006
Messages
901
Location
Tucson, Arizona, USA
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
 

clarkebar

Regular Member
Joined
Oct 7, 2010
Messages
136
Location
Mesa, AZ
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.
 

clarkebar

Regular Member
Joined
Oct 7, 2010
Messages
136
Location
Mesa, AZ
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.
 

TOF

Regular Member
Joined
Nov 2, 2008
Messages
443
Location
Happy Jack, Arizona, USA
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.
 

Gumby71

Regular Member
Joined
Aug 5, 2011
Messages
10
Location
Tucson, AZ
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.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
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.
 

SFCRetired

Regular Member
Joined
Oct 29, 2008
Messages
1,764
Location
Montgomery, Alabama, USA
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.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
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.
 

SFCRetired

Regular Member
Joined
Oct 29, 2008
Messages
1,764
Location
Montgomery, Alabama, USA
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.
 

gunslinger493

Regular Member
Joined
Dec 25, 2011
Messages
58
Location
Globe, AZ
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.
 
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