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Guns in Bars and Restaurants

G

Gizmoe142

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Oct 3, 2009
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56
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Idaho Falls, Idaho, United States
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A couple of clarifications, perhaps someone and helps me with.

Is carrying a gun in a bar illegal in Idaho OC or CC?

If it is, is carrying a gun in a restaurant that has a bar section in it, or a bar with a restaurant section in it, illegal? (If you are in the restaurant section)



I am under the impression that it is legal, as long as you are not drinking with a concealed weapon on your person. Just eating or being there is legal, Just want to make sure.

Thanks in advance for all your interpretation and incite.
 
J

Jared

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Michigan, USA
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I have found no law against consuming while carrying. They may have one that says you can't be "intoxicated" or above the legal driving limit (like Utah).

I havent checked in a while, but I do know that it would be legal to carry and consume a drink.

Usually in states that do not specifically address this, they tend to go by general intoxication laws.
 
HankT

HankT

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Jared wrote:
I have found no law against consuming while carrying. They may have one that says you can't be "intoxicated" or above the legal driving limit (like Utah).

I havent checked in a while, but I do know that it would be legal to carry and consume a drink.

Usually in states that do not specifically address this, they tend to go by general intoxication laws.
Click to expand...

It would be a good idea to have a specific, carrying while under the influence law prohibiting carry (OC or CC). Say, anything .15 BAC or more.

With a threshold that high, hardly anyone could be against it.

Someone armed at .15 BAC (or higher) in public is .... an accident waiting to happen. Very similar to a driving under the influence situation...
 
G

Gizmoe142

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Idaho Falls, Idaho, United States
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HankT wrote:
It would be a good idea to have a specific, carrying while under the influence law prohibiting carry (OC or CC). Say, anything .15 BAC or more.

With a threshold that high, hardly anyone could be against it.

Someone armed at .15 BAC (or higher) in public is .... an accident waiting to happen. Very similar to a driving under the influence situation...
Click to expand...
That might not be a bad idea or at least a more indepth definition.

So i guess my answer to this question is there is nothing in the Idaho law that says anything about carrying in bars whether drinking or not?
 
B

boom

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Jun 18, 2008
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North, Idaho, USA
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My understanding is that you may carry legally anywhere but a k-12 school or federal building. (post office) I believe that if you are intoxicated and carrying it is grounds for having your concealed permit revoked. Some establishments may prohibit firearms but they can only ask you to leave for trespassing.
 
I

IndianaBoy79

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Dec 13, 2007
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Location
Eagle, Idaho, USA
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Bar carry is perfectly legal, open or concealed. The law prohibits you from being "intoxicated" while concealing, but is silent on drinking while OCing.

Since "intoxicated" is not defined clearly, this is going to be up to the discretion of the contacting officer... .08 just may not apply. You could end up arguing this one in court and I could see it going either way. Also think about the consequences of having to explain yourself if you ever had to use your weapon with a drink in your system.

I prefer not to drink at all while I OC, but I sometimes have a beer while concealed. Drinking with a visible gun on your hip doesn't give the right look IMO.

Bottom line, use your best judgment.
 
R

Ruger9mm

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Joined
Dec 10, 2009
Messages
55
Location
Caldwell ID
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HankT wrote:
Jared wrote:
I have found no law against consuming while carrying. They may have one that says you can't be "intoxicated" or above the legal driving limit (like Utah).

I havent checked in a while, but I do know that it would be legal to carry and consume a drink.

Usually in states that do not specifically address this, they tend to go by general intoxication laws.
Click to expand...

It would be a good idea to have a specific, carrying while under the influence law prohibiting carry (OC or CC). Say, anything .15 BAC or more.

With a threshold that high, hardly anyone could be against it.

Someone armed at .15 BAC (or higher) in public is .... an accident waiting to happen. Very similar to a driving under the influence situation...
Click to expand...
While I don't disagree with your logic I would argue that this would directly go against the 2nd amendment. Give government an inch and they consider it permission to trample on our rights.
 
R

Ruger9mm

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Joined
Dec 10, 2009
Messages
55
Location
Caldwell ID
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I do agree with IndianaBoy79 though, drinking and carrying don't mix IMO so I don't frequent bars.
 
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