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is there a law against

SaltH2OHokie

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Going out on a limb here and presenting a probably unpopular point of view: All of you people who say it is poor form, would never do it, reflects poorly, etc. in relation to drinking a single glass of wine or a single beer with dinner while carrying...if it is that dangerous and that risky to have a dangerous weapon in your possession after one beer, I sure hope you take a taxi every time you go out to dinner w/out your weapon and have that single drink.

People on these same boards often make the comparison between cars and guns and how cars kill people and yet aren't regulated near as heavily nor feared...well you same people are being right hypocritical to tell me that you can drive to dinner and drink a beer, but I can't carry my gun.

All that said, I've never done it, but I wouldn't look down on someone who did have a beer in front of him at Red Robin with his family any more than I'd think negatively of the same guy to walk outside and get in his truck and drive his family home; and I don't disarm to open a beer at home.

My $.02, worth what you paid for it.
 

Sheriff

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hsmith wrote:
Sherriff,

But the statue only reads "under the influence" - if the LEO really wants, a drop of alcohol is "under the influence" - no?
You don't want my opinion as to the legitimacy of some "probable cause" and "reasonable suspicion" I have seen used in many arrests. :D But what you said above, that would be a stretch even for a rookie with an IQ of65 that was just hired at 4:00 p.m. today. And any magistrate that would issue a warrant for a person who simply took a one ounce sip of a beer to see what it tastes like should be fired. Being under the influence usually means so inebriated that one poses a threat to their own safety, or the safety of those around them.
 

hsmith

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Sheriff wrote:
hsmith wrote:
Sherriff,

But the statue only reads "under the influence" - if the LEO really wants, a drop of alcohol is "under the influence" - no?
You don't want my opinion as to the legitimacy of some "probable cause" and "reasonable suspicion" I have seen used in many arrests. :D But what you said above, that would be a stretch even for a rookie with an IQ of65 that was just hired at 4:00 p.m. today. And any magistrate that would issue a warrant for a person who simply took a one ounce sip of a beer to see what it tastes like should be fired. Being under the influence usually means so inebriated that one poses a threat to their own safety, or the safety of those around them.
I am sure you have seen worse stretches of the imagination in your times :lol:
 

hsmith

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My take:

If I am carrying, I won't drink out. Period. I will have maybe a beer or two at home (or glasses of wine) and head out, but no more than one an hour and a two drink max.

I see nothing wrong with it (Now if you chug two in three minutes (go tech go!), I could have a issue with it there).

Guns and alcohol DO mix, guns and irresponsible drinking do not. What doesn't mix are idiots and guns.
 

Citizen

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Spectre wrote:
Citizen wrote:
WhatTimeIsIt? wrote:
There is no law against it.
'pends on whether you bought it legal or grandpappy made it up on the mountain.

:D

Which even then is not illegal unless the maker of the ol' mountain dew makes profit off of it and doesn't pay takes off of it's profit.

LOL!!

You're gonna hate me, but:

Cite, please. (It is the forum rules, you know.) :)

(rhetorical cite request)
 

Spectre

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Citizen wrote:
Spectre wrote:
Citizen wrote:
WhatTimeIsIt? wrote:
There is no law against it.
'pends on whether you bought it legal or grandpappy made it up on the mountain.

:D

Which even then is not illegal unless the maker of the ol' mountain dew makes profit off of it and doesn't pay takes off of it's profit.

LOL!!

You're gonna hate me, but:

Cite, please.  (It is the forum rules, you know.)  :)

(rhetorical cite request)

Whelp to be honest, I'm no good at finding the cites (help please). Although my time working for VA ABC turned me on to making my own, and making personal beer and mountain dew for personal consumption or to give for free to friends has never warranted a hard knock on the door.

Makes sense though as all Sam Adams Employees must know how to make, and succesfully make their own batch of beer as company policy.
 

Elkad

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The "not a good image" would exclude drinking "virgin" daiquiris or non-alcoholic beer, as only your waitress would know the difference.

I like beer. I'll drink non-alcoholic if that's the only choice, and might drink it more often if it came in better varieties. (something closer to Guinness than Coors Light).

I refuse to disarm myself just so I can have a couple beers with my dinner. Though I might conceal just to avoid the social stigma. (obviously not an option for those of you in VA).
 

Pagan

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Well either way fellas I enjoyed my one bluemoon with my burger and unlimited fries at red robin, but I think the fries are getting less and less plentiful on those free refills,lol.

And as the saying goes, "First know thy self", I can have at least 2 beers on a completely empty stomach before I would feel the need to put my gun up on the shelf, but one beer with a good dinner and an hour or more of time is to me reasonable, having a bit of self control goes along way, not to mention that a bluemoon with a slice of orange is a wonderful compliment to a good burger.

Atleast we are not a bunch of robots on here, our differences and various experiences is avaluable pool of knowledge. cheers
 

ODA 226

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Drinking while armed is the most irresponsible and outright stupid thing you could ever do. If you want to drink while carrying a firearm do it well away from me and my friends and family.
 

ClumsyCandy

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Pagan

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Well I did search actually, but only in this forum and no results were forthcoming, so I asked. Either way I searched on google and found a story about aguy in Norfolk and well it lead me to the proper answer.
 

Grapeshot

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ClumsyCandy wrote:
This has been discussed SEVERAL times (please search before you ask!) One of the more recent discussions is here:

http://opencarry.mywowbb.com/view_topic.php?id=16010&forum_id=54&highlight=drinking+and+carrying

About halfway down Grapeshot makes, I think, the most valid point. The statute states that if you simply HAVE a CHP and drink while carrying, you can be charged. It does not say you HAVE to be concealing and drinking.

My $0.02.
Well almost - refers not to consuming alcohol but rather being "under the influence"


J1. Any person permitted (1) to carry a concealed handgun, who is under the influence (2) of alcohol or illegal drugs while [highlight= rgb(136, 255, 255);]carrying[/highlight] (3) such handgun in a public place (4), shall be guilty of a Class 1 misdemeanor.
____________________________________________________________________

All four (4) conditions would need to be satisfied to have a charge brought under this statute. So if you do not have a permit and are OCing but satisfy the other 3 criteria then it would appear that this charge might not stick.


IMO - this would most likely be similar to driving a vehicle under the influence but it is not spelled out here either.- do they do blood alcohol check & is refusal used as evidence against you? Hmmm..........

It is also IMHO just plain bad form to consume alcohol while OCing. Those that have one beer over an hour long lunch - imagine the testimony of a witness who states under oath "I watched him sit there and he drank beer for an hour straight before he left and he bumped a table too."

My beverages of choice: coffee, sweet tea or water - no mistaking them.

Yata hey
 

ClumsyCandy

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Sorry Grapeshot! Didn't quite rewrite that as correctly as I should have! It's been a long day and my strong side isn't quite so strong today! Thanks for correcting/clarifying that for me!
 

Citizen

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Spectre wrote:
SNIP Whelp to be honest, I'm no good at finding the cites (help please).
It wasn't a serious request for a cite. Now, maybe if John and Mike open a home-brew sub-forum...
 

Citizen

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Grapeshot wrote:
ClumsyCandy wrote:
This has been discussed SEVERAL times (please search before you ask!) One of the more recent discussions is here:

http://opencarry.mywowbb.com/view_topic.php?id=16010&forum_id=54&highlight=drinking+and+carrying

About halfway down Grapeshot makes, I think, the most valid point. The statute states that if you simply HAVE a CHP and drink while carrying, you can be charged. It does not say you HAVE to be concealing and drinking.

My $0.02.
Well almost - refers not to consuming alcohol but rather being "under the influence"


J1. Any person permitted (1) to carry a concealed handgun, who is under the influence (2) of alcohol or illegal drugs while [highlight= rgb(136, 255, 255);]carrying (3) such handgun in a public place (4), shall be guilty of a Class 1 misdemeanor.
____________________________________________________________________

All four (4) conditions would need to be satisfied to have a charge brought under this statute. So if you do not have a permit and are OCing but satisfy the other 3 criteria then it would appear that this charge might not stick.


IMO - this would most likely be similar to driving a vehicle under the influence but it is not spelled out here either.- do they do blood alcohol check & is refusal used as evidence against you? Hmmm..........

It is also IMHO just plain bad form to consume alcohol while OCing. Those that have one beer over an hour long lunch - imagine the testimony of a witness who states under oath "I watched him sit there and he drank beer for an hour straight before he left and he bumped a table too."

My beverages of choice: coffee, sweet tea or water - no mistaking them.

Yata hey

I was thinking along the same lineswhen I read the code quoted earlier in the thread.

Then I noticed the words"such a handgun in a public place."

This is different than carrying "a" handgun. I believe it refers tothe concealed handgun mentioned just earlier.

Not that I would want to be the test case.
 

KBCraig

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Alcohol is the third rail of gun rights. There are many valid reasons to abstain while OCing, but they all involve our image to the public, and the impact that image might have on political efforts.

There is no objective reason why someone should refrain from having a drink or two, well below the level of intoxication, while carrying either openly or concealed.

The replies thus far seem to all involve the first issue: public image. Either that, or some over-reaching definition of "influence" (as in, "under the...").

If I disarmed and tied on a major drunk tonight, took a cab to Waffle House to choke down a double scattered, double smothered, double chunked, doubled covered, then took a cab home and slept it off, when I woke up I might have a 0.0 BAC... but I guarantee I would be hungover as hell, and "under the influence" of the previous night's drinking.

How many people drive to work in the morning with a pounding head, sunglasses on, slow reaction time, and a fist full of strong black coffee?

None of these theoretical exercises answer the OP's question: is there a law against having a drink while carrying?

Please stick to the topic, and cite the law in question.
 

SaltH2OHokie

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ODA 226 wrote:
Drinking while armed is the most irresponsible and outright stupid thing you could ever do. If you want to drink while carrying a firearm do it well away from me and my friends and family.

Where do you live in Suffolk? How far do you consider "well away"? I live off of Sleepy Hole Rd, and as I mentioned, do not disarm at home when I open a beer after work... :uhoh:

I can think of many more irresponsible and outright stupid things one could ever do. I had a friend (had) who is buried, in Suffolk, off of Shoulder's Hill Rd due to being drunk, 20yrs old and driving a V8 Mustang west down 460 and meeting an eastbound 18 wheeler in the wrong lane. I'd say that's much more irresponsible and stupid than my still having my holster on tonight when I sat down to dinner with friends and had a glass of 2002 petit syrah (which by the way had gone bad, and tasted like vinegar...so I didn't finish it...)

I think I could probably personally name more victims of drunk driving, that I actually know (or knew), than you could find me news articles from around the country involving any negative impacts of carrying a gun while having a responsible amount of alcohol, and yet carrying a gun while having a single drink seems to be such a polar issue with a lot of folks, whereas driving after that same single drink in an hour is A-OK.

I'm arguing the other side of the coin for the sake of argument, but I hate to think that some people view a miniscule amount of alcohol as a black and white issue. In my opinion it is more complicated than a simple "Yes" or "No".

To keep it on point though: regardless of our opinions, it would seem it is legal (though apparently with shades of gray according to some folks interpretation of the law). [See above posts for citation of code that I'm basing that unqualified opinion on.]

To complicate things: I was in the Beer/Wine store tonight picking out that horrible bottle of wine and they were offering free tastings...did I need to take my coat off at that point? I have my CWP, but had been OC'ing all day, I'd just happened to put my coat on before we left for the store due to it getting chilly as the sun went down, thus concealing...they obviously have an ABC Off-premises license, but do they have to have an On-Premises license to serve folks samples? If I tasted the samples and then expectorated (but probably still absorbed some alcohol through the membranous tissue in my mouth) are we still friends here on this forum or am I done? :cool:
 

Spectre

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Citizen wrote:
Spectre wrote:
SNIP  Whelp to be honest, I'm no good at finding the cites (help please).
It wasn't a serious request for a cite.  Now, maybe if John and Mike open a home-brew sub-forum...

If that were to happen I'de be glad to share a recipe or two. Such as the Blueberry, and Strawberry flavors I'm cooking up now.
 

Grapeshot

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Citizen wrote:
Spectre wrote:
Citizen wrote:
WhatTimeIsIt? wrote:
There is no law against it.
'pends on whether you bought it legal or grandpappy made it up on the mountain.

:D

Which even then is not illegal unless the maker of the ol' mountain dew makes profit off of it and doesn't pay takes off of it's profit.

LOL!!

You're gonna hate me, but:

Cite, please. (It is the forum rules, you know.) :)

(rhetorical cite request)
Cite is not needed when something is common knowledge, generally accepted and not contrary to actual law - Cite: Grapeshot's Rules, 1st edition; now available in pocket version w/index tabs. :D

Guns and alcohol do not mix - it strips all of the lubricant off and leaves them prone to rusting and accelerated wear.

Yata hey
 
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