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Thread: States that allow drinking while armed

  1. #1
    Regular Member AZkopper's Avatar
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    States that allow drinking while armed

    I know that Utah allows for consuming alcohol while armed, and uses the DUI (0.08% BAC) limit for 'impairment' purposes. What other states allow for drinking in public establishments while armed? What criteria do they use for 'obviously intoxicated' or 'impaired' , if any? Do they have CC only, OC only, or any other caveats?

    I would appriciate any relevant statutes, if you know them.

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    WA state does not specify, to my knowledge. We are not allowed to carry any weapon, CC or OC, into a facility that SERVES alcohol AND is off limits to persons under 21. There is no law that says you cannot drink alcohol while armed.

    If you're drunk, you can get it taken away!

    RCW 9.41.098 - confiscation of weapons
    (e) In the possession of a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in chapter 46.61 RCW;

    46.61 defines a driving limit as 0.08... but otherwise leaves it up to discretion by defining as: "under the influence"

    does anybody know if WA law extends to places which do not require a CPL?
    Last edited by daddy4count; 07-30-2010 at 04:31 PM.

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    As far as I can find, the only law in AL regarding drinking and carrying would be the restriction against habitual drunkards possessing firearms.

    uh oh.

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    Quote Originally Posted by eye95 View Post
    As far as I can find, the only law in AL regarding drinking and carrying would be the restriction against habitual drunkards possessing firearms.

    uh oh.
    Damn... how do they know if it's a habit?

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    Quote Originally Posted by daddy4count View Post
    Damn... how do they know if it's a habit?
    I imagine that if one were charged with illegal possession, the prosecution would have to prove the habitual nature of the drunkenness, probably through the testimony of acquaintances and relatives. It'd be pretty hard to do.

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    I don't approve drinking while armed but I'm not saying I haven't done it.
    Saying that ...

    CT has a 0.10 limit

    also, 0.08 DWI/DUI

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    Regular Member Sabotage70's Avatar
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    The great state of Nevada allows a BAC of .10% while the operation of a vehicle is only .08%.
    EDC=XDm40 16+1+16+16

    RED DRAGONS!!!!

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    A little historical background on the disparity between BACs for carrying and driving

    Most States had a 0.10 BAC limit for both carrying or driving. Some time back, the federal government forced all States to go to 0.08 BAC limit for driving, under penalty of losing major amounts of highway funding. Since they were not forced to adjust BAC limits for carrying, the disparity developed between these two numbers.

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    Moderator / Administrator Grapeshot's Avatar
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    In Virginia, consumption of alcohol at a restaurant is legal (not good form IMO) while OCing, but NOT if you CC.

    New law which took effect 7/1/2010 allows CC in such establishments for the first time since 1995, but carries the no consumption wording. OC has never been so restricted.
    http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-308
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    Colorado here

    Booze: What would be considered too much?
    04-06-2010 09:26 AM
    http://forum.opencarry.org/forums/sh...dered-too-much

    "would you be breaking a law if someone broke into your home and you retaliated with your firearm? I think that the law would be on your side in general, but it really does make the fact that Colorado doesn't have an actual limit stated in the law all too obvious a blunder. I'm not a huge drinker,...."

    "(d) The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 12-22-303 (7), 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1)."

    We have no ## limit. We may NOT be under the influence of anything while carrying. What's "Under the influence" in the state of Colorado? There's no case law defined on this topic. Do you believe the cop, jury, and judge will find you guilty of being under the influence if you only blew ##.##? After all- isn't that what we're asking?

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    Regular Member 1245A Defender's Avatar
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    carry with BAC!

    absent a Warrant for a search, i Would refuse to blow into a meter, unless suspected of drunk driving!
    Mind your 4th and 5th Amendment!
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    Stand up for your Rights,, They have no authority on their own...

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    it is their right and duty to be at all times ARMED!

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    In Nevada, BAC must be below .10 and must not be under influence of drugs.

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    Quote Originally Posted by 1245A Defender View Post
    absent a Warrant for a search, i Would refuse to blow into a meter, unless suspected of drunk driving!
    Mind your 4th and 5th Amendment!
    Interesting. They can use implied consent to force drivers to take the test or lose their license. I wonder if the same holds for CPLs. Of course, that raises the question of can they threaten to revoke a CPL for refusing a test while OCing.

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    Regular Member elixin77's Avatar
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    Quote Originally Posted by eye95 View Post
    Interesting. They can use implied consent to force drivers to take the test or lose their license. I wonder if the same holds for CPLs. Of course, that raises the question of can they threaten to revoke a CPL for refusing a test while OCing.
    But what if you live in a state that allows OC without a license, and drinking up to a certain point (what if situation - don't know any).

    Since you aren't driving a car, you can refuse to blow, and you can't have your license taken away. But if your in a gold star OC state, and you don't have a DPL, what then? (They can't take anything from you, so what can they do?)
    Last edited by elixin77; 07-31-2010 at 08:47 AM.
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    Founder's Club Member PrayingForWar's Avatar
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    I've read that in Missouri it's a felony to be in possesion of a loaded gun while intoxicated. If I remember correctly that technically means if you pass out drunk in bed and have a loaded pistol in your nightstand, you're a felon. I can't believe we need laws to tell people not to run around with loaded guns while drunk.
    Last edited by PrayingForWar; 07-31-2010 at 09:27 AM.

  16. #16
    Regular Member MamaLiberty's Avatar
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    Just my 2 cents worth...

    I carry a gun to defend myself and, if necessary, those around me from a violent criminal or dangerous animal. Therefore, I don't do anything that would impair my ability to perform this function or be aware of my surroundings in order to avoid such confrontations.

    A dangerous confrontation or situation may happen anywhere, at any time without warning.

    THEREFORE, it seems really, really stupid to drink or use anything that would impair my awareness or function at any time, any place.

    If one were to insist on drinking (or whatever), it would seem wise to have a designated defender who remained sober and armed while the imbibers locked their guns away for the duration.

    Then you don't have to worry about the BAC, the 'law,' or much of anything else except the hangover.
    I will not knowingly initiate force. I am a self owner.

    Let the record show that I did not consent to be governed. I did not consent to any constitution. I did not consent to any president. I did not consent to any law except the natural law of "mala en se." I did not consent to the police. Nor any tax. Nor any prohibition of anything. Nor any regulation or licensing of any kind.

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    Kentucky is strange, but the general understanding is that it is illegal to carry in a bar, but not a restaurant.

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    Quote Originally Posted by eye95 View Post
    I imagine that if one were charged with illegal possession, the prosecution would have to prove the habitual nature of the drunkenness, probably through the testimony of acquaintances and relatives. It'd be pretty hard to do.
    That maybe true, but why take the risk to drink and lose your rights. Its one thing to be home and have a few and someone breaks in.

  19. #19
    Regular Member sudden valley gunner's Avatar
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    I don't buy the whole Alcohol and guns don't mix arguments. Some states allow carry into bars and it hasn't proven extra dangerous.

    Just like those idiotic films of folks going crazy on "mary-jane" lol.

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    To the best of my knowledge, PA doesn't have any alcohol restriction what so ever. You can carry into a bar and drink...and I don't see any statute applying a BAC restriction while carrying.

  21. #21
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    NC law prohibits CC and OC of a firearm in any place where alcohol is sold and consumed (14-269.3). It does not prohibit the OC of any other type of weapon.

    It is also illegal to carry a concealed weapon if there is any alcohol in your system (14-415.11(c)).

    NC law does not, to my knowledge, prohibit OC while intoxicated.

  22. #22
    Regular Member sohighlyunlikely's Avatar
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    Bill #?

    Quote Originally Posted by PrayingForWar View Post
    I've read that in Missouri it's a felony to be in possession of a loaded gun while intoxicated. If I remember correctly that technically means if you pass out drunk in bed and have a loaded pistol in your nightstand, you're a felon. I can't believe we need laws to tell people not to run around with loaded guns while drunk.
    Actually that law just changed. It just got signed last week, but I can't seem to remember the bill's number. It also gave black powder rights to felons.

    Doc

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    Quote Originally Posted by VFORVENDETTA View Post
    If it's legal or not you shouldn't do it. If you have a sd shooting it's going to look bad in the eyes of judge and jury.
    I never said I would do it. I don't even drink. I was simply answering the original question.

  24. #24
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    Virginia...

    When I go out to dinner with my wife and family, I enjoy a beer or two with my meal.

    I always Open Carry and never have had a problem. In fact, once at Applebees the waitress brought me an free beer for some reason or other.

    With that said, common sense should prevail and one should NOT be observed consuming unreasonable quantities while armed.

  25. #25
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by rugerdon View Post
    When I go out to dinner with my wife and family, I enjoy a beer or two with my meal.

    I always Open Carry and never have had a problem. In fact, once at Applebees the waitress brought me an free beer for some reason or other.

    With that said, common sense should prevail and one should NOT be observed consuming unreasonable quantities while armed.
    Understand your POV completely, but will not accept that such action is not without potential, serious negative consequences.

    First, it provides an image of lowered responsibility - hurts the cause and provides fodder to the antis.

    Second, impaired is impaired, notwithstanding any specific laws.

    Additionally, any situation involving defensive use of force will put you at considerable additional risk both literally and in court.

    YMMV - mine does not.
    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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