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Open carry and having a drink at a resturant question

H8Rain

Regular Member
Joined
Mar 16, 2011
Messages
14
Location
Hamden
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!
 

MSG Laigaie

Campaign Veteran
Joined
Jan 10, 2011
Messages
3,239
Location
Philipsburg, Montana
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.)
 

Primus

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Oct 24, 2013
Messages
3,939
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United States
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.

Sent from my XT907 using Tapatalk
 

Primus

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Oct 24, 2013
Messages
3,939
Location
United States
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...

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Rich B

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Joined
Oct 13, 2009
Messages
2,909
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North Branford, Connecticut, USA
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:

davidmcbeth

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Jan 14, 2012
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16,167
Location
earth's crust
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.
 

dmjs

Regular Member
Joined
Dec 24, 2011
Messages
47
Location
Rocky Hill CT
Heard of any cases?

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/gene...-man-accused-of-carrying-gun-while-drinking-2 is one incident and I know that they have had two already this year and a few last.
year.
 

MAC702

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