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Alcohol and open carry

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mirwin

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I realize that alcohol and firearms are by no means something that needs mixing. However, I was wondering what the law currently states on going to dinner and having a beer with dinner while carrying a firearm. Does it specifically state that you have to be within the means of legal driving (i.e. .08 BAC) or is it a zero tolerance policy. The reason I am confused is because to my knowledge one of the big changes in the attempted change to allow CC in restaurants serving alcohol is that patrons are not allowed to drink at all while carrying. I have searched around for this but find myself lost in the sea of topics here, if anyone could help I would appreciate it.
 
T

TheEggman

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You can legally drink and open carry. Carrying 'under the influence' is, however an offense.

Even if you were below any legal limit, heaven help you should you have to use your firearm and had just been seen having a beer, regardless of your BAC.

If for some reason the prosecutor didn't get you, the poor pitiful dead/wounded criminals lawyer would likely eat you (the mean drunk) alive in the civil suit.
 
M

mirwin

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which is why I agree it makes no sense to do so, I was just wondering as per the legal sense of it.
 
Shovelhead

Shovelhead

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Part of "carrying" is personal responsibility.

If you're going to carry.......Don't drink.

If you're going to drink......Don't carry.

Pretty simple.


"A coupla drinks" before a self-defense incident isn't something you want entering into the equation afterwards.


EDIT: I type too freekin' slow.........:banghead:
 
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ufcfanvt

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§ 18.2-308.J1. Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor. Conviction of any of the following offenses shall be prima facie evidence, subject to rebuttal, that the person is "under the influence" for purposes of this section: manslaughter in violation of § 18.2-36.1, maiming in violation of § 18.2-51.4, driving while intoxicated in violation of § 18.2-266, public intoxication in violation of § 18.2-388, or driving while intoxicated in violation of § 46.2-341.24. Upon such conviction that court shall revoke the person's permit for a concealed handgun and promptly notify the issuing circuit court. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.


The way I read it, IF you have a CHP, you're toast. I see nothing here or anywhere else that establishes a penalty for OC'ing while drunk w/out a CHP.

I wouldn't recommend it though ;)
Laws, in general are flawed. They're made by people :)
 
H

hsmith

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ufcfanvt wrote:
§ 18.2-308.J1. Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor. Conviction of any of the following offenses shall be prima facie evidence, subject to rebuttal, that the person is "under the influence" for purposes of this section: manslaughter in violation of § 18.2-36.1, maiming in violation of § 18.2-51.4, driving while intoxicated in violation of § 18.2-266, public intoxication in violation of § 18.2-388, or driving while intoxicated in violation of § 46.2-341.24. Upon such conviction that court shall revoke the person's permit for a concealed handgun and promptly notify the issuing circuit court. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.


The way I read it, IF you have a CHP, you're toast. I see nothing here or anywhere else that establishes a penalty for OC'ing while drunk w/out a CHP.

I wouldn't recommend it though ;)
Laws, in general are flawed. They're made by people :)
Click to expand...
Note the part that the person is "under the influence" for purposes of this section. You can have a glass of wine and conceal carry. I wouldn't suggest doing it, but you aren't "under the influence" as far as the statute is define.
 
C

coltcarrier

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hsmith wrote:

Note the part that the person is "under the influence" for purposes of this section. You can have a glass of wine and conceal carry. I wouldn't suggest doing it, but you aren't "under the influence" as far as the statute is define.
Click to expand...
The glass of wine, of course, would only be available to you at either a friend's home or your home as you conceal... as you cannot carry concealed where an ABC license has been issued.
 
M

mobeewan

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coltcarrier wrote:
hsmith wrote:

Note the part that the person is "under the influence" for purposes of this section. You can have a glass of wine and conceal carry. I wouldn't suggest doing it, but you aren't "under the influence" as far as the statute is define.
Click to expand...
The glass of wine, of course, would only be available to you at either a friend's home or your home as you conceal... as you cannot carry concealed where an ABC license has been issued.
Click to expand...

Where else can you enjoy a glass of wine or your favorite beverage and carry concealed????

I often enjoy one of my favorite beverages while floating along when I am canoeing. I never have more than 3 over an 8 hr period while on the water because I only carry 3 shot bottles. This includes a good breakfast before starting and at least 3 chili dogs when we stop to cook lunch. So I am never at any point intoxicated or "under the influence" as they say. When canoeing in remote areas I always have a pistol stowed (concealed) in my zippered drybag which is strapped in the canoe and 2 feet in front of me for quick access if needed. Nothing illegal about that.
 
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longwatch

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Its your own decision to drink and OC, but I personally do not because I don't wish to expose a massively expensive personal liability should I have to use my firearm.
 
L

LEO 229

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ufcfanvt wrote:
§ 18.2-308.J1. Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor. Conviction of any of the following offenses shall be prima facie evidence, subject to rebuttal, that the person is "under the influence" for purposes of this section: manslaughter in violation of § 18.2-36.1, maiming in violation of § 18.2-51.4, driving while intoxicated in violation of § 18.2-266, public intoxication in violation of § 18.2-388, or driving while intoxicated in violation of § 46.2-341.24. Upon such conviction that court shall revoke the person's permit for a concealed handgun and promptly notify the issuing circuit court. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.


The way I read it, IF you have a CHP, you're toast. I see nothing here or anywhere else that establishes a penalty for OC'ing while drunk w/out a CHP.

I wouldn't recommend it though ;)
Laws, in general are flawed. They're made by people :)
Click to expand...
Very good observation!!

If you have a CC permit... You canjustOC you would beat this.

"permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place"

The next question is... when are you considered to be "under the influence???"

Would it be the point when you are obviously intoxicated or maybe just a little tipsy and it shows??

Me personally.... I feel you could enjoy maybe a single drink with dinner but that is it.

For most people one drink is not going to impair you. You have to know your own limit for how your body handles alcohol.

I would not suggest any alcohol as it would definitely come into question during any self defense shooting.
 
B

bruins499

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Aug 26, 2007
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Bumpass, Virginia, USA
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ufcfanvt wrote:
§ 18.2-308.J1. Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor. Conviction of any of the following offenses shall be prima facie evidence, subject to rebuttal, that the person is "under the influence" for purposes of this section: manslaughter in violation of § 18.2-36.1, maiming in violation of § 18.2-51.4, driving while intoxicated in violation of § 18.2-266, public intoxication in violation of § 18.2-388, or driving while intoxicated in violation of § 46.2-341.24. Upon such conviction that court shall revoke the person's permit for a concealed handgun and promptly notify the issuing circuit court. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.


The way I read it, IF you have a CHP, you're toast. I see nothing here or anywhere else that establishes a penalty for OC'ing while drunk w/out a CHP.

I wouldn't recommend it though ;)
Laws, in general are flawed. They're made by people :)
Click to expand...
It says 'Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place...."
So while carring such hangun (concealed) it is a class 1 miss., but as long as its not concealed then this law doesnt apply since "such handgun" is not being carried is said manner.

 
L

LEO 229

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bruins499 wrote:
ufcfanvt wrote:
§ 18.2-308.J1. Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor. Conviction of any of the following offenses shall be prima facie evidence, subject to rebuttal, that the person is "under the influence" for purposes of this section: manslaughter in violation of § 18.2-36.1, maiming in violation of § 18.2-51.4, driving while intoxicated in violation of § 18.2-266, public intoxication in violation of § 18.2-388, or driving while intoxicated in violation of § 46.2-341.24. Upon such conviction that court shall revoke the person's permit for a concealed handgun and promptly notify the issuing circuit court. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.


The way I read it, IF you have a CHP, you're toast. I see nothing here or anywhere else that establishes a penalty for OC'ing while drunk w/out a CHP.

I wouldn't recommend it though ;)
Laws, in general are flawed. They're made by people :)
Click to expand...
It says 'Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place...."
So while carring such hangun (concealed) it is a class 1 miss., but as long as its not concealed then this law doesnt apply since "such handgun" is not being carried is said manner.

Click to expand...
Exactly!!
 
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