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Thread: Have a beer?

  1. #1

    Have a beer?

    Let me start off by stating I am not an alcoholic and don't enjoy alcohol to the stupid level that most do. However, I do love a good dark beer with dinner. I understand you cannot sit at a bar, or carry in a business that deals primarily in alcohol sale and consumption, but is it legal to have a beer with dinner?
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  2. #2
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    "Handgun carry permit holders may not consume alcoholic beverages while carrying. "
    https://en.wikipedia.org/wiki/Gun_la...rying_Handguns
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  3. #3
    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by Jordan6679 View Post
    ... I am not an alcoholic and don't enjoy alcohol to the stupid level that most do. ...
    I think you will find that most are like us and NOT doing it stupidly.

    Or is Oklahoma really that bad?

    Here's the state law that says you can't carry while drinking, though note the exception for on-official-duty cops: http://oklegal.onenet.net/oklegal-cg...21-1272.1.html
    Last edited by MAC702; 11-21-2013 at 12:56 PM.
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  4. #4
    Regular Member EMNofSeattle's Avatar
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    §21-1289.9.


    §21-1289.9.

    CARRYING WEAPONS UNDER INFLUENCE OF ALCOHOL

    It shall be unlawful for any person to carry or use shotguns, rifles
    or pistols in any circumstances while under the influence of beer,
    intoxicating liquors or any hallucinogenic, or any unlawful or
    unprescribed drug
    , and it shall be unlawful for any person to carry or
    use shotguns, rifles or pistols when under the influence of any drug
    prescribed by a licensed physician if the aftereffects of such
    consumption affect mental, emotional or physical processes to a degree
    that would result in abnormal behavior. Any person convicted of a
    violation of the provisions of this section shall be punished as
    provided in Section 1289.15 of this title.

    Any person convicted of a violation of the provisions of this section
    after having been issued a concealed handgun license pursuant to the
    provisions of the Oklahoma Self-Defense Act, Sections 1 through 25 of
    this act, shall have the license suspended for a term of six (6)
    months and shall be subject to an administrative fine of Fifty Dollars
    ($50.00), upon a hearing and determination by the Oklahoma State
    Bureau of Investigation that the person is in violation of the
    provisions of this section.
    also it is legal to be in an area that sells "low point beer or alcohol" which is not a primary source of revenue in OK.

    §21-1272.1. Carrying firearms where liquor is consumed.
    CARRYING FIREARMS WHERE LIQUOR IS CONSUMED
    A. It shall be unlawful for any person to carry or possess any weapon designated in Section 1272 of this title in any establishment where low-point beer, as defined by Section 163.2 of Title 37 of the Oklahoma Statutes, or alcoholic beverages, as defined by Section 506 of Title 37 of the Oklahoma Statutes, are consumed. This provision shall not apply to a peace officer, as defined in Section 99 of this title, or to private investigators with a firearms authorization when acting in the scope and course of employment, and shall not apply to an owner or proprietor of the establishment having a pistol, rifle, or shotgun on the premises. Provided however, a person possessing a valid handgun license pursuant to the provisions of the Oklahoma Self-Defense Act may carry the concealed or unconcealed handgun into any restaurant or other establishment licensed to dispense low-point beer or alcoholic beverages where the sale of low-point beer or alcoholic beverages does not constitute the primary purpose of the business.
    these are the two laws I see regarding your situation.

    please verify these yourself. I am not a lawyer, this is not legal advice.
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  5. #5
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    It was my understanding, and seems supported by EMNofSeattle's post, that you can not carry while under the influence of alcohol. Consuming while carrying seems to be ok, as long as you are not under the influence. Now, what exactly that means is probably going to be up to the officer that responds to the person who calls the cops because a "guy with a gun" is drinking alcohol.

  6. #6
    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by Av8r115 View Post
    It was my understanding, and seems supported by EMNofSeattle's post, that you can not carry while under the influence of alcohol. Consuming while carrying seems to be ok, as long as you are not under the influence. Now, what exactly that means is probably going to be up to the officer that responds to the person who calls the cops because a "guy with a gun" is drinking alcohol.
    I think most cops know the difference between intoxicated and not.

    where I would be more concerned is if you get into a jam and have to use your gun in self defense, and the guy you shot or his estate sues you claiming wrongful death/civil liability and then they can find witnesses placing you drinking alcohol within the same hour as the incident, that may be a legitimate concern....

    I don't take my gun when I go to bars, Washington law says I can't carry in a bar and I don't even bother leaving it in the car, i just leave it at home.

    if it's a diner or restaurant like Godfather's Pizza that sells beer on tap I have a soda or a water instead if I'm carrying. I don't need there to be any question that I was sober or not if I get in an incident. see what will happen is you'll get into a trouble, pull the gun, the cops will say "ok you look justified" and they recommend not to prosecute, prosecutor declares justified. well then the guy you defended yourself against will get a lawyer who will find people who say "he was drinking the night he pulled a gun on that guy" and this will come weeks later and there's no way to prove if you were intoxicated or not, so the civil jury will see guy, possibly drunk, armed with gun.

    not saying it's likely, but it's something I worry about enough to avoid the acohol scene altogether while armed. that's just my personal opinion though.
    Last edited by EMNofSeattle; 11-21-2013 at 02:15 PM.
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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  7. #7
    My plan was not to carry at all if I considered taking part. It was brought up today at work, I was wondering what the book had to say in the matter.
    Thanks for the responses all.

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    Regular Member Robert318's Avatar
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    Quote Originally Posted by EMNofSeattle View Post
    see what will happen is you'll get into a trouble, pull the gun, the cops will say "ok you look justified" and they recommend not to prosecute, prosecutor declares justified. well then the guy you defended yourself against will get a lawyer who will find people who say "he was drinking the night he pulled a gun on that guy" and this will come weeks later and there's no way to prove if you were intoxicated or not, so the civil jury will see guy, possibly drunk, armed with gun.

    not saying it's likely, but it's something I worry about enough to avoid the acohol scene altogether while armed. that's just my personal opinion though.
    This way of thinking is not helpful for promoting carrying, due to the bad info and lack of knowledge of your rights and laws and will only cause people to question if its better to be prepared to defend yourself or loved ones or just to be prepared to be a victim. If you are deemed justified in your use of deadly force then you are immune to any civil liability.

    TITLE 21 § 1289.25 PHYSICAL OR DEADLY FORCE AGAINST INTRUDER

    D. A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

    F. A person who uses force, as permitted pursuant to the provisions of subsections B and D of this section, is justified in using such force and is immune from criminal prosecution and civil action for the use of such force. As used in this subsection, the term “criminal prosecution” includes charging or prosecuting the defendant.

    Comments and mindsets like this are why I encourage people to do the research, study the laws from the direct sources like http://www.oscn.net/applications/osc....asp?viewType= or the sda book itself found at http://www.ok.gov/osbi/ and not some website that is relaying info and or not telling it correctly.
    Stay safe and God bless.

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    Regular Member OC for ME's Avatar
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    Quote Originally Posted by EMNofSeattle View Post
    I think most cops know the difference between intoxicated and not.

    where I would be more concerned is if you get into a jam and have to use your gun in self defense, and the guy you shot or his estate sues you claiming wrongful death/civil liability and then they can find witnesses placing you drinking alcohol within the same hour as the incident, that may be a legitimate concern....

    I don't take my gun when I go to bars, Washington law says I can't carry in a bar and I don't even bother leaving it in the car, i just leave it at home.

    if it's a diner or restaurant like Godfather's Pizza that sells beer on tap I have a soda or a water instead if I'm carrying. I don't need there to be any question that I was sober or not if I get in an incident. see what will happen is you'll get into a trouble, pull the gun, the cops will say "ok you look justified" and they recommend not to prosecute, prosecutor declares justified. well then the guy you defended yourself against will get a lawyer who will find people who say "he was drinking the night he pulled a gun on that guy" and this will come weeks later and there's no way to prove if you were intoxicated or not, so the civil jury will see guy, possibly drunk, armed with gun.

    not saying it's likely, but it's something I worry about enough to avoid the alcohol scene altogether while armed. that's just my personal opinion though.
    Can you be snot-slinging drunk in your castle and drop a perp? I'll betcha no cop is gunna want to be involved with that particular scenario. Nor would any judge. See, the SD event is the event, you being snot-slinging drunk in your castle is not the event. Though, liberals will try to make the drink the event and not the event being the event.

    The no booze and guns debate will never end. You own a gun, no booze for you. Or, too much booze for you then no guns for you, even in your castle.

  10. #10
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    Driving around, read this thread title..had a beer. Read it again, another. Again and again.

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    Man, why does this always happen?

  11. #11
    ^^^ have another for me!

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    Regular Member cbxer55's Avatar
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    I do not go to bars. I do go out to lunch or dinner frequently though. Lunch I'll have a nice dark beer. Dinner a margarita. If I have my gun on me, so be it. I do not get drunk. The likelihood I'll need to shoot someone in self defense is pretty darn low. I don't worry about it. But that's me.

  13. #13
    Regular Member WalkingWolf's Avatar
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    I don't drink alcohol, just don't like it, never have. BUT I don't care what others do as long as it does not interfere with me. But again government does not work that way. Gov decides it must set standards or we will lose our way.

    IMO getting hammered and carrying is not responsible and would rather people don't do it, but it should be up to them to decide, and then accept the consequences if it goes south.

    Here in NC we can legally drink while OCing, not CCing, but we are not allowed to OC where alcohol is served. CC can where alcohol is served, but they are not allowed to drink. Still does not make sense to me.
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    The real issue is that the law doesn't really outline what "under the influence" is, and as such an over-zealous person could try to argue that a single drop in your system has you "under the influence" and force you into a lengthy and costly court battle. Now you could try to use the portion under the driving section to define "under the influence" but I still see it as potential for a lengthy/costly court battle.

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    Regular Member kinggabby's Avatar
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    Quote Originally Posted by Aknazer View Post
    The real issue is that the law doesn't really outline what "under the influence" is, and as such an over-zealous person could try to argue that a single drop in your system has you "under the influence" and force you into a lengthy and costly court battle. Now you could try to use the portion under the driving section to define "under the influence" but I still see it as potential for a lengthy/costly court battle.
    Probably because it is different for everyone. One beer for one is different for one beer for a other person. Plus different situations as well. One beer while I am fully awake is different as if I had been up for lets say 20 hours. And because there is no number attached to the under the influence part I choose to leave my weapon at home if I plan on drinking or I just drink at home. But lucky for me I only have alcohol a few times a year. And there is no legal limit on Diet Cherry DR. Pepper ( YET ) .

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    Quote Originally Posted by kinggabby View Post
    Probably because it is different for everyone. One beer for one is different for one beer for a other person. Plus different situations as well. One beer while I am fully awake is different as if I had been up for lets say 20 hours. And because there is no number attached to the under the influence part I choose to leave my weapon at home if I plan on drinking or I just drink at home. But lucky for me I only have alcohol a few times a year. And there is no legal limit on Diet Cherry DR. Pepper ( YET ) .
    And by not defining it, it becomes easy for the government to abuse it. For example, if you've been up for 20hrs and have a beer how do you know that it is the beer that is causing you to be "under the influence" and not simply being awake for so long? I mean studies have shown that being awake long enough will cause you to display the same lack in motor skills/critical thinking as being legally drunk, so how do they separate which thing is causing you to act abnormally (since after all, it isn't illegal to carry after being up for 20+ hours).

    Also that really doesn't hold any weight because one can use that same argument in regards to how much it takes for one to be affected when actually drinking. For example how much the alcohol affects me at 0.03 is different from my wife at that, and someone who is an alcoholic is likely going to be even less affected by it. But yet you will notice that there's still a defined level for being legally drunk in regards to operating a motor vehicle.

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