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Thread: Consuming Alcohol While Carrying

  1. #1
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    Just decided to join finally and this is my first post! So, anyway I know that consuming alcohol and carrying a firearm is not smart and I generally refrain from doing so. I cannot find anything in Indiana law stating that this is illegal. Is there a BAC limit such as with driving? Again not smart to drink and carry but I would like to keep all the laws clear since I have only been carrying for a month

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    I am a new resident of the state of Indiana. I really don't know if its a law or not but why even put yourself there? I highly suggest that you NEVER consume and carry. We as gun owners and ones that carry are already under enough pressure and attacks from the gun nazis as it is. Don't give them anymore ammo! Please!

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    I don't know of any statute against it, but it could fall under a 3rd degree wanton endangerment charge or something of the like. I don't necessarily agree with the potential charge. It's just what it is: a potential charge.

  4. #4
    Campaign Veteran ATM's Avatar
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    There are statutes for each but no combined statutesaddressingdrinking while armed in Indiana.

    Know your own limitations and plan accordingly.

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    Regular Member 2ndammendmentbrotha's Avatar
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    Just to drink any alcohol and leave your home is inviting trouble here in Indiana. If a leo were to stop you he could haul you to the station for public intoxication just because he smells or claims to smell alcohol.

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    Would you want to try to draw your weapon in self-defense while impaired, even slightly? Regardless of whether there is a law prohibiting it, or not, be on the safe side and don't drink while armed or before going armed.

    TN does prohibit consumption of alcohol or being under the influence, while armed. It's a class A misdermeaner, I think.


    BTW, Welcome to OCDO.

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    I completely agree with everyone and no I do not ever want to be in a situation to have to pull it let alone after I have been drinking. The only time I ever drink while I carry is a weekly get together with friends ( all of whom carry) and this is on private property. When I leave I lock my gun in the glove box, which I cannot open with the key in the ignition. I was just curious In case I were to get pulled over on the way home and were within my legal limits to drive, if I would be breaking the law by having my gun with me.

  8. #8
    Founder's Club Member - Moderator ed's Avatar
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    rmabrey wrote:
    The only time I ever drink while I carry is a weekly get together with friends ( all of whom carry) and this is on private property.
    Sounds like an accident waiting to happen.
    Carry On.

    Ed

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    Founder's Club Member protias's Avatar
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    ed wrote:
    rmabrey wrote:
    The only time I ever drink while I carry is a weekly get together with friends ( all of whom carry) and this is on private property.
    Sounds like an accident waiting to happen.
    Yes because a gun will just jump out of its holster and start shooting everyone. :quirky
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

  10. #10
    Founder's Club Member - Moderator ed's Avatar
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    protias wrote:
    ed wrote:
    rmabrey wrote:
    The only time I ever drink while I carry is a weekly get together with friends ( all of whom carry) and this is on private property.
    Sounds like an accident waiting to happen.
    Yes because a gun will just jump out of its holster and start shooting everyone. :quirky
    sort of... when people drink their judgement is impared... even if only by a few percentage points.. some worse than others.
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
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    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

  11. #11
    Founder's Club Member protias's Avatar
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    ed wrote:
    protias wrote:
    ed wrote:
    rmabrey wrote:
    The only time I ever drink while I carry is a weekly get together with friends ( all of whom carry) and this is on private property.
    Sounds like an accident waiting to happen.
    Yes because a gun will just jump out of its holster and start shooting everyone. :quirky
    sort of... when people drink their judgement is impared... even if only by a few percentage points.. some worse than others.
    Which is important to know your limits. Yes, some are impaired after one, other are impaired after 5. It depends on the person.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

  12. #12
    Founder's Club Member - Moderator ed's Avatar
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    protias wrote:
    ed wrote:
    protias wrote:
    ed wrote:
    rmabrey wrote:
    The only time I ever drink while I carry is a weekly get together with friends ( all of whom carry) and this is on private property.
    Sounds like an accident waiting to happen.
    Yes because a gun will just jump out of its holster and start shooting everyone. :quirky
    sort of... when people drink their judgement is impared... even if only by a few percentage points.. some worse than others.
    Which is important to know your limits. Yes, some are impaired after one, other are impaired after 5. It depends on the person.
    Thats where we disagree. ALL are impared after ONE. The degree of imparement differs.
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
    - - - -
    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

  13. #13
    Founder's Club Member protias's Avatar
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    ed wrote:
    protias wrote:
    ed wrote:
    protias wrote:
    ed wrote:
    rmabrey wrote:
    The only time I ever drink while I carry is a weekly get together with friends ( all of whom carry) and this is on private property.
    Sounds like an accident waiting to happen.
    Yes because a gun will just jump out of its holster and start shooting everyone. :quirky
    sort of... when people drink their judgement is impared... even if only by a few percentage points.. some worse than others.
    Which is important to know your limits. Yes, some are impaired after one, other are impaired after 5. It depends on the person.
    Thats where we disagree. ALL are impared after ONE. The degree of imparement differs.
    Now you are arguing for the sake of arguing. :P
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

  14. #14
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    http://www.jrussellshealth.org/alceffct.html

    When Impairment Begins
    Impairment in performance begins at below 0.02% BAC (1 to 1-1/2 drinks can result in this level).
    {NIAAA - Alcohol Problems and Aging: 1998 U.S. Dept. of Health and Human Services.
    At low doses the effects of alcohol may include alterations in mood, cognition, anxiety level, and motor performance. It may also impair performance several hours after the blood alcohol level has gone down. Even slightly elevated levels result in more fatal accidents, and the majority of individuals who experience a problem related to alcohol use are light and moderate drinkers.
    {Department of Health and Human Services in their reports to Congress 1990 and 1993}


    One to two drinks of alcohol impair mental and physical abilities; mental processes such as restraint, awareness, concentration and judgment are affected, reaction time slowed, and an inability to perform complicated tasks.
    {“The Effects of Alcohol and Other Drugs,” Motorcycle Safety Foundation, Irvine, CA, 1991}


    Any blood alcohol level, even a BAC of 0.02%, the result of just one drink, increases the risk of a crash. Alcohol impairs nearly every aspect of the brain’s ability to process information, as well as the eye’s ability to focus and react to light.
    {University of California, Berkeley, Wellness Letter, Jan. 1998}

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  15. #15
    Regular Member Jblack44's Avatar
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    SpringerXDacp wrote:
    http://www.jrussellshealth.org/alceffct.html

    When Impairment Begins
    Impairment in performance begins at below 0.02% BAC (1 to 1-1/2 drinks can result in this level).
    {NIAAA - Alcohol Problems and Aging: 1998 U.S. Dept. of Health and Human Services.
    At low doses the effects of alcohol may include alterations in mood, cognition, anxiety level, and motor performance. It may also impair performance several hours after the blood alcohol level has gone down. Even slightly elevated levels result in more fatal accidents, and the majority of individuals who experience a problem related to alcohol use are light and moderate drinkers.
    {Department of Health and Human Services in their reports to Congress 1990 and 1993}


    One to two drinks of alcohol impair mental and physical abilities; mental processes such as restraint, awareness, concentration and judgment are affected, reaction time slowed, and an inability to perform complicated tasks.
    {“The Effects of Alcohol and Other Drugs,” Motorcycle Safety Foundation, Irvine, CA, 1991}
    Is this proven100% of the time with 100% of all people??


    Any blood alcohol level, even a BAC of 0.02%, the result of just one drink, increases the risk of a crash. Alcohol impairs nearly every aspect of the brain’s ability to process information, as well as the eye’s ability to focus and react to light.
    {University of California, Berkeley, Wellness Letter, Jan. 1998}

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    I'm not advocating carrying while drinking. But the whole argument over impairmet is flawed in my eyes....
    "If you carry a gun, people will call you paranoid. That's ridiculous. If you have a gun, what in the hell do you have to be paranoid for." Clint Smith, Director of Thunder Ranch

  16. #16
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    I have reviewed the entire Indiana Code, at large, and could not locate any single Statute that specifically Criminalized carrying a Pistol, or other Firearm/Weapon, while Drinking Alcohol, therefore, it is within my opinion, that:

    1. Such action is Legal, seeing as to how Indiana operates off of Common Law. One of the most basic principles of Common Law is that what is not Prohibited, is Legal.

    2. It is not unheard of for People to Drink Alcohol over a meal, and I, myself, have seen People do it with Firearms on their Person..., or nearby, now...

    3. That having been said, it probably is not the best of ideas. It may very well unnerve someone if they happen across you if you are Drinking Alcohol while armed with a Firearm/Weapon.

    4. The Superintendant of The Indiana State Police 'may' revoke your License, if you have one [License to carry Handgun] (and I assume that you do), if He has credible and reliable evidence, with Court documentation, brought to His attention that you are not a 'proper Person' to be Licensed under 35-47-2-5(a) and 35-47-2-5(b).

    5. It could be established that if you Drink Alcohol, especially in Public, while armed with a Firearm, especially a Handgun, then, you risk being found as someone who: 'is not of good character' or 'not... proper to be Licensed' as is codified under Indiana State Law 35-47-2-3(e)(2) or 35-47-2-3(e)(3).

    Honestly, I would not do it either..., not to mention how that in Indiana it is very easy to catch a Public Drunk charge, under Indiana Code 7.1-5-1-3. But if you were to enjoy a Beer over a 32oz.Steak Dinner in Public, with all thesides: Bread, Baked/Mashed Potato, Salad, Vegetable Platter, etc., then, odds are, you probably will not be Drunk or Intoxicated anything past .02/.03 at most, and then, probably for an hour, at best. Especially if you take your time and eat slowly.

    Then again though, I am not a Lawyer nor a Professional Forensic Scientist.


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