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is there a law against

Pagan

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Gloucester, Virginia, USA
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Just curious if I could enjoy a single beer legally while at dinner, not like going to a "bar" or anything of that nature, simply having a beer with dinner, then ofcourse waiting a while to drive or go in public. I did a search , perhaps I should search again

oops did another search with google and found that I can, sorry.
 

Wolf_shadow

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Pagan wrote:
Just curious if I could enjoy a single beer legally while at dinner, not like going to a "bar" or anything of that nature, simply having a beer with dinner, then ofcourse waiting a while to drive or go in public. I did a search , perhaps I should search again.
Personally firearms and alcohol don't mix. As for me 1 drink = disarmed 8 hours. This is the requirement for standing down from fire and EMS calls for my department also.
 

Chaingun81

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Centreville, Virginia, USA
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Wolf_shadow wrote:
Pagan wrote:
Just curious if I could enjoy a single beer legally while at dinner, not like going to a "bar" or anything of that nature, simply having a beer with dinner, then ofcourse waiting a while to drive or go in public. I did a search , perhaps I should search again.
Personally firearms and alcohol don't mix. As for me 1 drink = disarmed 8 hours. This is the requirement for standing down from fire and EMS calls for my department also.
Even at home? So if you had couple of glasses of wine with dinner at home, you unload your house gun and keep it away? What if someone breaks in at this time?
 

CRF250rider1000

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one drink at home with dinner is fine. In public, I would NOT drink. This not only slows your reaction time/ affects your judgment, but it will not go over well with people seeing someone OCing and drinking. I know it has freaked me out a little when I see it. I don't know the person nor how much they have drank. For all I know, they could be 10 beers deep and have an irate drunk state.:uhoh:
 

Spectre

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I wouldn't see why it would be that bad. I have never been or seen anyone no matter the tolerance get drunk, or even buzzed after having a beer (two max) during dinner.

Me personally, it takes about 5 beers to be even slightly affected on account of the quality and amount of beer I drink. I drink beer because I enjoy the taste, but at the same time can't stand being drunk, and haven't been drunk in at least 6 years.
 

Wolf_shadow

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Chaingun81 wrote:
Wolf_shadow wrote:
Pagan wrote:
Just curious if I could enjoy a single beer legally while at dinner, not like going to a "bar" or anything of that nature, simply having a beer with dinner, then ofcourse waiting a while to drive or go in public. I did a search , perhaps I should search again.
Personally firearms and alcohol don't mix. As for me 1 drink = disarmed 8 hours. This is the requirement for standing down from fire and EMS calls for my department also.
Even at home? So if you had couple of glasses of wine with dinner at home, you unload your house gun and keep it away? What if someone breaks in at this time?
First off I don't drink alcohol often anyway. When at home my handgun is close but even then more than 2 beers and it's put away. I would never carry and drink in public. As NOVA said not the image OCers need.
 

noah

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I agree alcohol and firearms are not a good combination. On the other hand I am not Dr. Jackal and Mr Hyde either. If I have a drink at home I dint feel the need to hide my guns from myself.
 

Citizen

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noah wrote:
I agree alcohol and firearms are not a good combination. On the other hand I am not Dr. Jackal and Mr Hyde either. If I have a drink at home I dint feel the need to hide my guns from myself.
Suuuuure. You trust yourself. But didyou ask the poor guns how they feel about it?

Has anybody ever asked the poor guns?

Gun rights discrimination, I tell you. That's what it is.

:D
 

Sheriff

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Just be advised..... Virginia state code section §18.2-308 does say.....

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.
 

Dispatcher

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Mar 1, 2009
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Virginia, , USA
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Pagan wrote:
Just curious if I could enjoy a single beer legally while at dinner, not like going to a "bar" or anything of that nature, simply having a beer with dinner, then ofcourse waiting a while to drive or go in public. I did a search , perhaps I should search again

oops did another search with google and found that I can, sorry.

I guess I take a more a personal position on this. Even one drink can affect your judgement. Not profoundly, but if you are going to carry, don't drink at all. There is no law against drinking while open carrying. We should not give them ammunition to make it so. It's not so much that you shouldn't protect yourself... but using a car analogy is the perfect way to describe my point on this.

If you have just one drink you are affected whether you can feel it or not. This is a scientifically indesputable fact. There is a reason that *everyone* is against drinking and driving. They do not mix ever ever ever. A car is a dangerous thing and you need your full mental faculties to operate it. I don't think there is a person here who would disagree with that stance.

Now I want to sayfirsthand that I am not saying this because I believe that if you drink and carry a firearm you'll go into a drunken range and start shooting anything that moves. I am not saying that at all. All of us are law abiding citizens who would *ONLY* use the gun in self defense, and I mean ONLY in self defense. I know none of you would everharm another unless you had NO choice.


The frightning situation arises when you need to defend yourself. As I mentioned earlier we all know that even *one* drink affects judgement, motor skills, hand-eye coordination and awareness of what is going on around you. Each and every single one is vital to handling a firearm. Let's say that someone really is putting your life in jeopardy and the situation is such that you have every right to use deadly force... and you draw and fire (in self defense) and since you're hand eye cooridination is off (even though you cannot feel it) you miss more than you ever would have had you not been drinking.... and you hit an innocent bystander. You never even have to fly into a drunken rampage like the real criminals out there, all you have to do is impair your ability to fire your gun with ONE drink and you recklessly place the lives of others at risk. It's not acceptable with cars, it's not acceptable with guns, ever.

As a gun owner and a rights advocate, I beg you, if you even think that you might have even a "sip" of alcohol while you are out, leave your gun at home or in your vehicle and don't touch it until you are fully sober!
 

Dispatcher

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Sheriff wrote:
Just be advised..... Virginia state code section §18.2-308 does say.....

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.
This only mentions those that are concealing, not open carrying.
 

Sheriff

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Dispatcher wrote:
A car is a dangerous thing and you need your full mental faculties to operate it. I don't think there is a person here who would disagree with that stance.
I disagree. Driving a car is not rocket science. :shock:

But, there's also people out there that can't drive a car and chew bubble gum at the same time. It really depends on eachindividual as to how many brain cells it takes him/her to safely drive a car. Believe it or not, DMV does a pretty good job inscreening out the people who require 100% of their brain cells to safely operate a motor vehicle. It's commonly called "mentally challenged" or "borderline retarded". Not nice terms, but that's basically what it amounts to.
 

acrimsontide

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Dispatcher wrote:
The frightning situation arises when you need to defend yourself. As I mentioned earlier we all know that even *one* drink affects judgement, motor skills, hand-eye coordination and awareness of what is going on around you. Each and every single one is vital to handling a firearm. Let's say that someone really is putting your life in jeopardy and the situation is such that you have every right to use deadly force... and you draw and fire (in self defense) and since you're hand eye cooridination is off (even though you cannot feel it) you miss more than you ever would have had you not been drinking.... and you hit an innocent bystander. You never even have to fly into a drunken rampage like the real criminals out there, all you have to do is impair your ability to fire your gun with ONE drink and you recklessly place the lives of others at risk. It's not acceptable with cars, it's not acceptable with guns, ever.


And that is not even taking into consideration the civil action that could follow. Even with Castle Doctrine, the drinking might present a real problem
 

Sheriff

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Dispatcher wrote:
Sheriff wrote:
Just be advised..... Virginia state code section §18.2-308 does say.....

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.
This only mentions those that are concealing, not open carrying.

Yes.I spouted it out only because the original poster didn't really specify the manner in which he would be having a drink (concealed or open carry), or where.

If the person is at a city sponsored 4th of July picnic in a city park and carrying a concealed weapon, he can not exceed the legal limits that classify him as publicly intoxicated. And what are those limits? God only knows! Any cop can haul somebody in for "drunk in public" and the magistrate will usually issue the warrant based on the cop's word alone. I have also seen countless people with diabetic problems hauled in when cops assume they are drunk in public as well. Diabetic complications while carrying a concealed weapon, hauled in for drunk in public, and loss of CHP in a flash.
 

hsmith

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Mar 29, 2007
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Sheriff wrote:
Dispatcher wrote:
Sheriff wrote:
Just be advised..... Virginia state code section §18.2-308 does say.....

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.
This only mentions those that are concealing, not open carrying.

Yes.I spouted it out only because the original poster didn't really specify the manner in which he would be having a drink (concealed or open carry), or where.

If the person is at a city sponsored 4th of July picnic in a city park and carrying a concealed weapon, he can not exceed the legal limits that classify him as publicly intoxicated. And what are those limits? God only knows! Any cop can haul somebody in for "drunk in public" and the magistrate will usually issue the warrant based on the cop's word alone. I have also seen countless people with diabetic problems hauled in when cops assume they are drunk in public as well. Diabetic complications while carrying a concealed weapon, hauled in for drunk in public, and loss of CHP in a flash.
Sherriff,

But the statue only reads "under the influence" - if the LEO really wants, a drop of alcohol is "under the influence" - no?
 
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