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Thread: Open carry and having a drink at a resturant question

  1. #1
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    Open carry and having a drink at a resturant question

    Wife and I went out to diner last night. I was open carrying. We sat at a high top table in the bar area. We ordered drinks and diner. As we waited for our food we enjoyed our drinks. The owner of the resturant came over and very nicely said "if you are going to drink alcohol you have to cover up your gun". He acknowledged that I had the right to open carry, but said not while consuming alcohol. He said either give up the drink or keep your drink but cover up the gun.

    So is this in fact a CT law? I know I can be in a bar and open carry, but what about the consuming of alcohol? Obviously he has the right to request anything, but I'm curious what the law is on this.

    Thanks!

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    Campaign Veteran MSG Laigaie's Avatar
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    Well Rain, I did a quick search (google is your friend) and came up with this...............

    http://forum.opencarry.org/forums/sh...bar-restaurant

    So this discussion has been held before. Many, many People do not know or understand the law. Hopefully a few Conn. People will help you out. Good luck mate.
    "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

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    Sec. 53-206d. Carrying of firearm while under the influence of intoxicating liquor or drug prohibited. Class B misdemeanor. (a)(1) No person shall carry a pistol, revolver, machine gun, shotgun, rifle or other firearm, which is loaded and from which a shot may be discharged, upon his person (A) while under the influence of intoxicating liquor or any drug, or both, or (B) while the ratio of alcohol in the blood of such person is ten-hundredths of one per cent or more of alcohol, by weight.

    (2) Any person who violates any provision of this subsection shall be guilty of a class B misdemeanor.



    (b) (1) No person shall engage in hunting while under the influence of intoxicating liquor or any drug, or both, or while impaired by the consumption of intoxicating liquor. A person shall be deemed under the influence when at the time of the alleged offense the person (A) is under the influence of intoxicating liquor or any drug, or both, or (B) has an elevated blood alcohol content. For the purposes of this subdivision, "elevated blood alcohol content" means (i) a ratio of alcohol in the blood of such person that is ten-hundredths of one per cent or more of alcohol, by weight, or (ii) if such person has been convicted of a violation of this subsection, a ratio of alcohol in the blood of such person that is seven-hundredths of one per cent or more of alcohol, by weight. A person shall be deemed impaired when at the time of the alleged offense the ratio of alcohol in the blood of such person was more than seven-hundredths of one per cent of alcohol, by weight, but less than ten-hundredths of one per cent of alcohol, by weight.



    (2) Any person who violates any provision of this subsection shall be guilty of a class A misdemeanor.



    (3) Enforcement officers of the Department of Environmental Protection are empowered to arrest for a violation of the provisions of this subsection.



    (P.A. 98-129, S. 20; P.A. 00-142, S. 3.)
    "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

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    Regular Member Primus's Avatar
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    Quote Originally Posted by MSG Laigaie View Post
    Sec. 53-206d. Carrying of firearm while under the influence of intoxicating liquor or drug prohibited. Class B misdemeanor. (a)(1) No person shall carry a pistol, revolver, machine gun, shotgun, rifle or other firearm, which is loaded and from which a shot may be discharged, upon his person (A) while under the influence of intoxicating liquor or any drug, or both, or (B) while the ratio of alcohol in the blood of such person is ten-hundredths of one per cent or more of alcohol, by weight.

    (2) Any person who violates any provision of this subsection shall be guilty of a class B misdemeanor.



    (b) (1) No person shall engage in hunting while under the influence of intoxicating liquor or any drug, or both, or while impaired by the consumption of intoxicating liquor. A person shall be deemed under the influence when at the time of the alleged offense the person (A) is under the influence of intoxicating liquor or any drug, or both, or (B) has an elevated blood alcohol content. For the purposes of this subdivision, "elevated blood alcohol content" means (i) a ratio of alcohol in the blood of such person that is ten-hundredths of one per cent or more of alcohol, by weight, or (ii) if such person has been convicted of a violation of this subsection, a ratio of alcohol in the blood of such person that is seven-hundredths of one per cent or more of alcohol, by weight. A person shall be deemed impaired when at the time of the alleged offense the ratio of alcohol in the blood of such person was more than seven-hundredths of one per cent of alcohol, by weight, but less than ten-hundredths of one per cent of alcohol, by weight.



    (2) Any person who violates any provision of this subsection shall be guilty of a class A misdemeanor.



    (3) Enforcement officers of the Department of Environmental Protection are empowered to arrest for a violation of the provisions of this subsection.



    (P.A. 98-129, S. 20; P.A. 00-142, S. 3.)
    Does anyone know how this enforced? Or heard of any cases? This has come up in discussion between myself and other firearm instructors. MA has a similar statute about not carrying while under the "influence". Key word is influence. Do they define influence for this statute as the same as say OUI? Meaning field sobriety tests are sufficient to build probably cause to determine a person is "influenced"?

    Also I notices this statute has the piece about the BAL needing to be .10 or higher. I noticed that higher then some states OUI levels for per se intoxication. Again how is that BAL determined? A search warrant applied for blood? Or taken to station for breathalyzer?

    Again this comes up pretty often or a similar thing but I've yet to hear some solid answers/reasons. I have thoughts, but they are just that and aren't worth much.

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    Quote Originally Posted by MSG Laigaie View Post
    Sec. 53-206d. [ ... ] (B) while the ratio of alcohol in the blood of such person is ten-hundredths of one per cent or more of alcohol, by weight.(P.A. 98-129, S. 20; P.A. 00-142, S. 3.)
    This is an interesting complication, the use of weight (mass) rather than the more US standard of volume. The density of alcohol and blood are different by a factor of 1.06
    I am responsible for my writing, not your understanding of it.

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    Regular Member Primus's Avatar
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    Quote Originally Posted by Nightmare View Post
    This is an interesting complication, the use of weight (mass) rather than the more US standard of volume. The density of alcohol and blood are different by a factor of 1.06
    Good catch. I assumed it was the standards BAL measurement. Which is just percentage of blood by ?volume?. So how the heck would they do this? Weigh your blood before and after you drink?? Not possible...

    Sent from my XT907 using Tapatalk
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    Regular Member Rich B's Avatar
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    Well, it doesn't sound like the owner said it was the law, so the question is an odd one. I am far more concerned that you were drinking while carrying openly without knowing what the law said beforehand.

    Hate to be 'that guy', but open carrying without knowing the law is a great way to get yourself jammed up.

    You could read about issues like this here: http://ctcarry.com
    Last edited by Rich B; 04-26-2014 at 01:14 PM.
    Connecticut Carry is dedicated to advancing and protecting the fundamental civil rights of the men and women of Connecticut to keep and bear arms for self defense of themselves and the state as guaranteed by the United States Constitution and the Constitution of Connecticut.

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    Quote Originally Posted by Rich B View Post
    Well, it doesn't sound like the owner said it was the law, so the question is an odd one. I am far more concerned that you were drinking while carrying openly without knowing what the law said beforehand.

    Hate to be 'that guy', but open carrying without knowing the law is a great way to get yourself jammed up.

    You could read about issues like this here: http://ctcarry.com
    Well, the law assumes that the gun owner should know, has a responsibility to know...so the carrier needs to re-review the laws as to avoid an avoidable felony.

    Of course, the law has no purpose other than to be a trap against LACs. I would not find anyone guilty of violating this law.

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    Heard of any cases?

    Quote Originally Posted by Primus View Post
    Does anyone know how this enforced? Or heard of any cases? This has come up in discussion between myself and other firearm instructors. MA has a similar statute about not carrying while under the "influence". Key word is influence. Do they define influence for this statute as the same as say OUI? Meaning field sobriety tests are sufficient to build probably cause to determine a person is "influenced"?

    Also I notices this statute has the piece about the BAL needing to be .10 or higher. I noticed that higher then some states OUI levels for per se intoxication. Again how is that BAL determined? A search warrant applied for blood? Or taken to station for breathalyzer?

    Again this comes up pretty often or a similar thing but I've yet to hear some solid answers/reasons. I have thoughts, but they are just that and aren't worth much.

    Sent from my XT907 using Tapatalk
    Middletown CT enforces this quite a bit. Here http://www.middletownpress.com/gener...ile-drinking-2 is one incident and I know that they have had two already this year and a few last.
    year.
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    Quote Originally Posted by Primus View Post
    ...how is that BAL determined? A search warrant applied for blood? Or taken to station for breathalyzer?...
    Unlike driving (in most states), you do not give up rights to not have your BAC searched just for carrying a firearm. They would need probable cause that you were in unlawful possession before they could search your blood.

    Drinking in moderation while carrying, including OC, is common in my state. I've heard of no issues. A firearm in a holster is less dangerous than a steak knife in the hands.
    "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

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