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Thread: OC and alcohol

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    Hi guys, we all know guns and booze don't mix. BUT (see a big but), when one OC's in Va, what is the legal limit? I hear that with CC the limit is zero, nada, none, zip, i.e., have any (one Lite beer)and get caught ....GO TO JAIL... DO NOT PASS GO......LOSE PERMIT FOR5 YEARS. Now,I know that a person can OC and belly up and have a couple, but is there a legal limit like .08?

    Please, do not respond with a sermon about guns and alcohol.....gee, we all get it..no excrement.

    WHY is this topic not discussed..........????

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    The topic isn't discussed because it's common sense that guns and alcohol don't mix.



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    What makes you think it hasn't been discussed before?

    The 'definition' does not specifically say .08 but that would be a safe place to start. Of course you could be arrested if it was .01 then you would have to fight it in court.

    Here's what VA Code says.

    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
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    longshot wrote:
    Please, do not respond with a sermon about guns and alcohol
    If you are not prepared for the answer that you know is coming, then don't ask the question.

    As responsible gun owners, when any of us go out in public, we represent each other, like it or not. Having a glass of wine or a light beer really might be ok in reality but the perception is extremely damaging to our "movement as a whole" and most that I have talked to about the subject agree. So.. do us all (or 99.999%) of us a favor. If you want to drink and carry, do it in the privacy of your home.

    Ed
    Carry On.

    Ed

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    Bill in VA wrote:
    Hell, I shoot at least once a month and I frequently have a cold beer to accompany my afternoon of shooting jugs with my friends.


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    Founder's Club Member - Moderator ed's Avatar
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    Bill in VA wrote:
    I frequently have a cold beer to accompany my afternoon of shooting
    Publicly bragging about one's stupidity is not very becoming.
    Carry On.

    Ed

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    Bill in VA wrote:
    Curtis wrote:
    The topic isn't discussed because it's common sense that guns and alcohol don't mix.
    And yet, just like drug use or unprotected sex
    So...Who's going to get me some hookers and blow for my 21st?

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    Last time I went goose hunting a guy brought a six pack of beer into the blind. Some people just don't get it.

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    .

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    hunter45 wrote:
    Some people just don't get it.
    exactly my point.
    Carry On.

    Ed

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    Bill in VA wrote:
    ed wrote:
    Bill in VA wrote:
    I frequently have a cold beer to accompany my afternoon of shooting
    Publicly bragging about one's stupidity is not very becoming.
    Save the insults and the holier-than-thou attitude,Ed. It doesn't make you look any smarter, just obnoxious.

    You and I both know thathaving a beerafter chasing jugs around the farm is no more "stupid" than having a glass of wine while out to dinner with your wife and then driving home. And Curtis, thanks for the cookie! I love a good home-made chocolate chip cookie!
    I don't think anyone insulted you Bill, but I'm available if you'd like.
    +1 Curtis
    +1 Ed

    Bill, don't hunt around me!

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    Bill in VA wrote:
    ed wrote:
    Bill in VA wrote:
    I frequently have a cold beer to accompany my afternoon of shooting
    Publicly bragging about one's stupidity is not very becoming.
    Save the insults and the holier-than-thou attitude,Ed. It doesn't make you look any smarter, just obnoxious.

    You and I both know thathaving a beerafter chasing jugs around the farm is no more "stupid" than having a glass of wine while out to dinner with your wife and then driving home. And Curtis, thanks for the cookie! I love a good home-made chocolate chip cookie!
    Cool story, champ!

    (But it wasn't home-made. And it's not chocolate chip. It's store bought and vegan from Ellwood Thompson's. I hope you like carob as much as you like making assumptions!)

    If you'd like to brag about having one beer after shooting and try to normalize it good for you... I guess. But I don't see the point of doing it in a thread where the OP is clearly trying to determine the maximum limit to get away with, which if misinterpreted by the OP or others like him could lead to the idea that hey it's okeydokey to drink, carry, and/or shoot. Guess this is another instance of you not understanding what is being said or asked.

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    Moderator / Administrator Grapeshot's Avatar
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    Guns and alcohol do not mix - alcohol removes the lubrication.

    Alcohol and gun carriers don't mix - lubricates them.

    [line]Do you know the test for "under the influence"? You should as it can cost you a lot.

    "Under the influence" is whatever someone perceives it to be. If they think you are slurring your words, staggering a little, not alert and have had a drink (not even .02%BOL) you may be arrested, prosecuted and forced to defend a "perception."

    Is it worth it? Perception can be 9/10s of the law in this case.

    We wish to further RTBA and recognize that we are in a public relations war.
    Our OC dinners and such strongly discourage any alcohol - want to attend? Don't drink.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    VAopencarry wrote:
    Just because I think I'm right doesn't make me self righteous. Making ad hominem attacks and attacking someone's character doesn't take away from the validity of any points said someone makes.


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    ed wrote:
    longshot wrote:
    Please, do not respond with a sermon about guns and alcohol
    If you are not prepared for the answer that you know is coming, then don't ask the question.

    As responsible gun owners, when any of us go out in public, we represent each other, like it or not. Having a glass of wine or a light beer really might be ok in reality but the perception is extremely damaging to our "movement as a whole" and most that I have talked to about the subject agree. So.. do us all (or 99.999%) of us a favor. If you want to drink and carry, do it in the privacy of your home.

    Ed
    As usual, I agree with Ed.

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    Bill in VA wrote:
    ed wrote:
    Bill in VA wrote:
    I frequently have a cold beer to accompany my afternoon of shooting
    Publicly bragging about one's stupidity is not very becoming.
    Save the insults and the holier-than-thou attitude,Ed. It doesn't make you look any smarter, just obnoxious.

    You and I both know thathaving a beerafter chasing jugs around the farm is no more "stupid" than having a glass of wine while out to dinner with your wife and then driving home. And Curtis, thanks for the cookie! I love a good home-made chocolate chip cookie!
    Uh, you first said you have a beer to ACCOMPANY your shooting, not AFTER shooting.

    I doubt that anyone cares if folks have a beer AFTER shooting, or AFTER driving for that matter.

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    longshot wrote:
    Hi guys, we all know guns and booze don't mix. BUT (see a big but), when one OC's in Va, what is the legal limit? I hear that with CC the limit is zero, nada, none, zip, i.e., have any (one Lite beer)and get caught ....GO TO JAIL... DO NOT PASS GO......LOSE PERMIT FOR5 YEARS. Now,I know that a person can OC and belly up and have a couple, but is there a legal limit like .08?
    I don't think there is a specific BAC level that would be illegal if one is carrying a firerarm (OC or CC).

    But there should be.

    I would propose a state law that would make it unlawful for a gun carrier to have a BAC of .18 % or higher. Penalties would be stiff, including fines, possible incarceration, and immediate prohibition of ability to carry in public until some kind of alcohol/rehab review is completed and treatment recommendation is made.

    I would support fully such a law. (As long as it was reasonable regulation allowable under 2A, which I think it would be.)

    Common sense really.

    The basic model would be based on the currentDUI concepts/laws.

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    HankT wrote:
    longshot wrote:
    Hi guys, we all know guns and booze don't mix. BUT (see a big but), when one OC's in Va, what is the legal limit? I hear that with CC the limit is zero, nada, none, zip, i.e., have any (one Lite beer)and get caught ....GO TO JAIL... DO NOT PASS GO......LOSE PERMIT FOR5 YEARS. Now,I know that a person can OC and belly up and have a couple, but is there a legal limit like .08?
    I don't think there is a specific BAC level that would be illegal if one is carrying a firerarm (OC or CC).

    But there should be.

    I would propose a state law that would make it unlawful for a gun carrier to have a BAC of .18 % or higher. Penalties would be stiff, including fines, possible incarceration, and immediate prohibition of ability to carry in public until some kind of alcohol/rehab review is completed and treatment recommendation is made.

    I would support fully such a law. (As long as it was reasonable regulation allowable under 2A, which I think it would be.)

    Common sense really.

    The basic model would be based on the currentDUI concepts/laws.
    Gunowners in Va can police our own ranks Hank. The last thing we need are more damn laws.

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    HankT wrote:
    SNIP
    I don't think there is a specific BAC level that would be illegal if one is carrying a firerarm (OC or CC).

    But there should be.

    I would propose a state law that would make it unlawful for a gun carrier to have a BAC of .18 % or higher. Penalties would be stiff, including fines, possible incarceration, and immediate prohibition of ability to carry in public until some kind of alcohol/rehab review is completed and treatment recommendation is made.

    I would support fully such a law. (As long as it was reasonable regulation allowable under 2A, which I think it would be.)

    Common sense really.

    The basic model would be based on the currentDUI concepts/laws.
    Is that a typo or are you just being sarcastic? 0.18 is almost three timesthe legal limit for DUI.

  21. #21
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    peter nap wrote:
    HankT wrote:
    longshot wrote:
    Hi guys, we all know guns and booze don't mix. BUT (see a big but), when one OC's in Va, what is the legal limit? I hear that with CC the limit is zero, nada, none, zip, i.e., have any (one Lite beer)and get caught ....GO TO JAIL... DO NOT PASS GO......LOSE PERMIT FOR5 YEARS. Now,I know that a person can OC and belly up and have a couple, but is there a legal limit like .08?
    I don't think there is a specific BAC level that would be illegal if one is carrying a firerarm (OC or CC).

    But there should be.

    I would propose a state law that would make it unlawful for a gun carrier to have a BAC of .18 % or higher. Penalties would be stiff, including fines, possible incarceration, and immediate prohibition of ability to carry in public until some kind of alcohol/rehab review is completed and treatment recommendation is made.

    I would support fully such a law. (As long as it was reasonable regulation allowable under 2A, which I think it would be.)

    Common sense really.

    The basic model would be based on the currentDUI concepts/laws.
    Gunowners in Va can police our own ranks Hank. The last thing we need are more damn laws.
    Nah.

    Don't be so provincial, PN.

    Actually, the last thing VA needs is some goofball OC drunkard in public to ruin the work done by VCDL and OCDO over the last few years.

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    SpringerXDacp wrote:
    HankT wrote:
    SNIP
    I don't think there is a specific BAC level that would be illegal if one is carrying a firerarm (OC or CC).

    But there should be.

    I would propose a state law that would make it unlawful for a gun carrier to have a BAC of .18 % or higher. Penalties would be stiff, including fines, possible incarceration, and immediate prohibition of ability to carry in public until some kind of alcohol/rehab review is completed and treatment recommendation is made.

    I would support fully such a law. (As long as it was reasonable regulation allowable under 2A, which I think it would be.)

    Common sense really.

    The basic model would be based on the currentDUI concepts/laws.
    Is that a typo or are you just being sarcastic? 0.18 is almost three timesthe legal limit for DUI.
    That's just for Hank. He can hold his liquor, he's from Joisey



  23. #23
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    SpringerXDacp wrote:
    HankT wrote:
    SNIP
    I don't think there is a specific BAC level that would be illegal if one is carrying a firerarm (OC or CC).

    But there should be.

    I would propose a state law that would make it unlawful for a gun carrier to have a BAC of .18 % or higher. Penalties would be stiff, including fines, possible incarceration, and immediate prohibition of ability to carry in public until some kind of alcohol/rehab review is completed and treatment recommendation is made.

    I would support fully such a law. (As long as it was reasonable regulation allowable under 2A, which I think it would be.)

    Common sense really.

    The basic model would be based on the currentDUI concepts/laws.
    Is that a typo or are you just being sarcastic? 0.18 is almost three timesthe legal limit for DUI.
    No typo.

    0.18 %

    We MUST make it a clear case of wanton gun carrier recklessness.

    Good question, SXD.

    We cannot have a gun carrier lose his rights to carry over some debatable level of impairment such as.08% or something close.

    Let's face it, by the time a person is at .18%, the person is blotto. And therefore carrying a gun in that state is utterly indefensible.

  24. #24
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    HankT wrote:
    SpringerXDacp wrote:
    HankT wrote:
    SNIP
    I don't think there is a specific BAC level that would be illegal if one is carrying a firerarm (OC or CC).

    But there should be.

    I would propose a state law that would make it unlawful for a gun carrier to have a BAC of .18 % or higher. Penalties would be stiff, including fines, possible incarceration, and immediate prohibition of ability to carry in public until some kind of alcohol/rehab review is completed and treatment recommendation is made.

    I would support fully such a law. (As long as it was reasonable regulation allowable under 2A, which I think it would be.)

    Common sense really.

    The basic model would be based on the currentDUI concepts/laws.
    Is that a typo or are you just being sarcastic? 0.18 is almost three timesthe legal limit for DUI.
    No typo.

    0.18 %

    We MUST make it a clear case of wanton gun carrier recklessness.

    Good question, SXD.

    We cannot have a gun carrier lose his rights to carry over some debatable level of impairment such as.08% or something close.

    Let's face it, by the time a person is at .18%, the person is blotto. And therefore carrying a gun in that state is utterly indefensible.
    Sorry, I misunderstood. :? I thought you meant that...

    ABAC reading of 0.18% = 0.0018

    When really it means: a BAC reading of 0.18% = 0.18


  25. #25
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    I personally will never drink alcohol while carrying for one simple reason: liability.

    I am pretty confident in my ability to make good decisions after drinking one alcoholic beverage. It doesn't impair me more than the smallest little bit.

    But if the unthinkable happens and I am forced to use my weapon in self defense, you can bet that the Commonwealth's Attorney will think twice before he decides not to charge me because of that beer I had with dinner. And I'm sure I don't need to tell you how the Plaintiff's attorney's direct examiniation of the bartender at the restraunt we were at would go during the civil suit.

    Does one drink impair me enough to put my ability to exercise good judgement regarding the use of my firearm? I don't think so, but:

    • I don't know for sure
      It doesn't matter what I think, it's what a jury (x2) believes


    FWIW: I follow the same rule regarding NyQuil, Benedryl tablets, etc.

    ETA: To answer the original question, there is no BAC limit anywhere in the code, relating to handgun carry, open, or concealed.

    If you are convicted of DUI (@ .08 or above) (or any of the other offenses listed in VAopencarry's post) and found in possession of a concealed handgun, then you would be charged with a class 1 misdemeanor. (18.2-308 J1) As there are absolutely no laws on the books anywhere about open carry, you could be .18 and still open carry.

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