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Thread: questions about where OC is illegal

  1. #1
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    1. Can you open carry in a restaurant that serves alcohol or in a bar in Nevada?

    2. Can you have a drink if it is legal?








  2. #2
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    Welcome to the forum. Please read through the many threads on this forum. Not only are these questions answered but so are many more.

    According to the Map at http://www.opencarry.org/restaurant.html, Nevada is green when it comes to carrying at restaurants serving alcohol. Since it's green, you may carry open or concealed (with a valid permit).

    According to NRS 202.257, a person may not be in possession of a firearm while under the influence of any controlled substance or with a blood alcohol level of 0.10 or greater. This means it is LEGAL to drink while carrying, open or concealed, so long as you do not exceed 0.10 blood alcohol. Since the DUI limit is 0.08, if you are OK to drive, you are OK to carry.

    However, remember, even a little alcohol can impair your judgment, and it is not recommended to "go drinking" while carrying. But on the other hand, I'm not opposed to having a drink or two with dinner. But if I'm carrying, 2 is my strict limit.



  3. #3
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    I'm still learning the rules and ropes of open carry myself; but I can not believe that it is legal to consume more alcohol while carrying than it is to drive a car???

    Of course, I'm prejudiced, I don't drink ;- ) but still, even it's it legal and you test at 0.09, do you really want to explain to a copy why you're so intoxicated and have a gun on you??? Wow, not me!

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    At 0.09, no explanation to a cop is necessary as no crime has occurred. In fact, at 0.11, no explanation to a cop is necessary, and I would recommend that if you are irresponsible enough to find yourself in this situation, keep your mouth shut.

    Anyway, a BAC of 0.09 is an irresponsible move, but it's not illegal. It's my assumption that the legislative intent is 0.08 is not drunk but 0.10 is. If you read NRS 484.379, the DUI law, there are actually two limits listed. The first, 0.08, automatically expires upon the repeal of the federal law mandating 0.08 as a condition of receiving highway funding. The second, 0.10, begins upon the repeal of that federal law.

    In other words, the people of Nevada, through their legislators, believe 0.10 is the correct limit for intoxication but were forced to change it by federal lawmakers. But federal lawmakers only forced them to change the DUI law, not other laws such as "drunk in public" or "drunk with a gun".

    It holds then that at 0.09, the people of Nevada do not believe a person is intoxicated, and therefore able to responsibly possess of a firearm.

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    Thank you for the responses.

    I am aware that some searching could have revealed the answer. I apologize for perhaps not trying hard enough but I did try and all I saw was the part where forbidden places are still being researched. I did see the BAC number in the concealed carry law but I have no trust in the laws. It didn't specifically say OC. I do understand that OC isnot mentioned in the law. But now I know about the restaurant map. I don't know how that escaped my attention. But again I have zero trust and confidence in the justice system. This isn't from personal experience but comes from what I have read. From Napolitano to the internet to personal contacts with people.


    I OC in small town and rural Nevada and have never had a problem. Although not much doubt that I will have some day.

    This board has been a tremendous help to clarifying my thinking. Thank you all.

  6. #6
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    The biggest thing to remember about OC (and every other situation): if it ain't illegal, it's legal.


    Is it illegal for me to wear a mask and ride a bicycle? No.

    Is it illegal for me to do a handstand in a park? No.

    Is it illegal for me to watch the Niners squeak in a win today against the Cardinals? No.

    Is it illegal for me to carry a firearm openly displayed? No.




    Re: OC while drinking. I don't drink to excess while carrying. I will have (1) drink with dinner if I am CC (and I'm very strict on that). But to think you could "get technical" with .09 BAC while open carrying is (In My Humble Opinion) NOT ADVISABLE! The cop will find a way to arrest you, claim it's a safety issue and needs to lock you up in the drunk tank for a night "for your own protection". One example of something that's perfectly legal, but not a good idea.

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    Excellent point.

    Consider this part of the law:

    NRS 202.257(2)
    Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484.383 to 484.3947, inclusive, except that submission to the evidentiary test is required of any person who is directed by a police officer to submit to the test. If a person to be tested fails to submit to a required test as directed by a police officer, the officer may direct that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.

    In other words, drinking while OCing might be legal, but is it worth the hassle of being REQUIRED to submit to a test if so ordered?


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