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Thread: Drinking and carrying

  1. #1
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    Question Drinking and carrying

    I know you can't cc while drinking but what about oc.. on you or off you.. This is an ongoing argument my Brother and I are having... I say there is no law that say you cant... He says there is but cant find the statutes.. AND I dont want to run around carrying while drinking.. Just want to know..
    Thanks

  2. #2
    Regular Member REDFIVE48's Avatar
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    My .02, regardless of any existence of a statute; if you are drinking or just carrying alcohol, you should not be OCing as it's not the image we would want to allow the opponents of OC to be using all over the news.

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    Regular Member sultan62's Avatar
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    When reading this I would have been ready to swear it was illegal to carry in any form while drinking or with any alcohol in the system. However, all I have found is against CONCEALED carry while drinking. Granted, I would not OC if I had much alcohol in my system anyway, and will not carry at all until I determine absolutely the legality of doing such.

    Ref. http://www.ncsheriffs.org/images/200...Laws%20Pub.pdf

  4. #4
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    it makes some sense.. out and about and have a few drinks..cant cc but you can still carry... I wouldn't recommend on your person but in your car,openly.

  5. #5
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    You can drink and open carry. there is nothing saying you can't.

    BUT Don't get plastered and carry a firearm. you don't need to have your judgment hindered.

  6. #6
    Regular Member Ruger's Avatar
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    Probably not a good idea.

    Even though the law does not specifically prohibit consumption of alcohol while OC'ing, I'd be very careful.

    Let's play "What if": You are at a buddy's house, and you have 2 beers while you are there, and you leave. You are not tipsy, and you have the utmost confidence in your ability to drive. You stop at the gas station on your way home, and have the unfortunate experience of being in the wrong place at the wrong time during a holdup. You deploy your weapon in self-defence, shooting the robber. Lets say you shot him more than once. We'll call it a double-tap. Then one of the officers on the scene happens to smell alcohol on you. If the DA has a bug up his butt about citizens with guns, he might try to push the issue of there being alcohol in your system, impairing your judgement.

    We know that this would be a load of BS, but it could make things much more difficult for you if he wants to haul you in front of a grand jury.

    Regarding CC, it is not just illegal to consume alcohol while carrying, but to carry while there is still alcohol in your system.

    It is unlawful for the permittee to carry a concealed handgun while consuming alcohol, or at any time while the permittee has remaining in his or her body, any alcohol, or a controlled substance previously consumed. N.C. Gen. Stat. 14-415.11(c)

    Personally, the only time I consume alcohol these days is at home, and only when I have no plans to leave any time soon. I don't think anyone really cares if I carry (open OR concealed) inside my home while I'm downing a beer

  7. #7
    Regular Member sultan62's Avatar
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    Disclaimer: Don't get drunk and carry. However, as guns are not inherently evil, neither is alcohol.

    Quote Originally Posted by Ruger View Post

    Let's play "What if": You are at a buddy's house, and you have 2 beers while you are there, and you leave. You are not tipsy, and you have the utmost confidence in your ability to drive. You stop at the gas station on your way home, and have the unfortunate experience of being in the wrong place at the wrong time during a holdup. You deploy your weapon in self-defence, shooting the robber. Lets say you shot him more than once. We'll call it a double-tap. Then one of the officers on the scene happens to smell alcohol on you. If the DA has a bug up his butt about citizens with guns, he might try to push the issue of there being alcohol in your system, impairing your judgement.

    We know that this would be a load of BS, but it could make things much more difficult for you if he wants to haul you in front of a grand jury.
    I disagree. I'd rather be there to argue with the DA than be dead at the gas station. As far as I'm concerned, the decision I've made to carry is not impacted by potential legal problems after using my weapon in self-defense. While my carry is impacted by the legality of when/where I can carry it, anything that has to be taken care of after the actual shooting comes down to the old phrase:

    I'd rather be judged by twelve than carried by six.

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    Regular Member Ruger's Avatar
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    Quote Originally Posted by sultan62 View Post
    Disclaimer: Don't get drunk and carry. However, as guns are not inherently evil, neither is alcohol.



    I disagree. I'd rather be there to argue with the DA than be dead at the gas station. As far as I'm concerned, the decision I've made to carry is not impacted by potential legal problems after using my weapon in self-defense. While my carry is impacted by the legality of when/where I can carry it, anything that has to be taken care of after the actual shooting comes down to the old phrase:

    I'd rather be judged by twelve than carried by six.
    I agree that alcohol is not evil. I enjoy a cold beer, some quality wine, or some crown on the rocks as much as the next guy.

    I agree with you that I'd rather be there to argue with the DA than be dead at the gas station. I was not suggesting that you don't carry into the store. I was suggesting that you don't consume alcohol at the party, and then drive home.

    The law isn't limited to not carrying while drunk. Any level of alcohol detected in your system, no mater how small, is not going to look good if you're involved in a shooting, and its really not going to matter that you weren't drunk. The statute was written with concealed carry in mind, and was written before the current OC movement. The fact that the statute does not preclude alcohol consumption while open carrying is a mere technicality. It would not surprise me if a prosecutor destroyed a shooter's character & credibility before a jury on the basis of the shooter's alcohol consumption, no matter how small the blood alcohol level may have been.

    If I have to choose between carrying my handgun or having a drink, I will carry the handgun every time. For this reason, since I began carrying, I restrict my alcohol consumption to AT HOME. It's really not much of a sacrifice.

  9. #9
    Regular Member sultan62's Avatar
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    Quote Originally Posted by Ruger View Post
    I was suggesting that you don't consume alcohol at the party, and then drive home.
    Simple misunderstanding-I was speaking from the assumption that you had already consumed at the party and were going home, stopping at the gas station-at which point the only decision was whether or not to carry.

    That being said, I have not, and will not, let the fact that I carry stop me from consuming any alcohol whatsoever. However, I will have very little compared to what I would be willing to drink otherwise.

    As for drinking at home-I never drink alone (not counting a cold beer after a day's work), and if I go out to eat and want a drink, I'll get it.

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    It is legal to OC while drinking or even while legally intoxicated... I would bet good money that if you do and you interact with a LEO, they will find a way to charge you with something.

    You might beat the charge but you wont beat the ride.

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    Quote Originally Posted by Ruger View Post
    Regarding CC, it is not just illegal to consume alcohol while carrying, but to carry while there is still alcohol in your system.

    It is unlawful for the permittee to carry a concealed handgun while consuming alcohol, or at any time while the permittee has remaining in his or her body, any alcohol, or a controlled substance previously consumed. N.C. Gen. Stat. 14-415.11(c)

    Personally, the only time I consume alcohol these days is at home, and only when I have no plans to leave any time soon. I don't think anyone really cares if I carry (open OR concealed) inside my home while I'm downing a beer
    The thing I find disturbing about this is that there is a "legal limit" that as long as you area below you can operate a few thousand pounds of steel and speeds of 40, 50, 60 even 70 miles per hour... probably much higher probability of causing someone harm or death than if carrying a handgun.

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    Quote Originally Posted by mekender View Post
    It is legal to OC while drinking or even while legally intoxicated... I would bet good money that if you do and you interact with a LEO, they will find a way to charge you with something.

    You might beat the charge but you wont beat the ride.
    and this is why MOST people dont like cops...We all know they will make something up. Charge MIGHT not hold but you WILL be charged. Organized crime with badges

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    Quote Originally Posted by muccione View Post
    and this is why MOST people dont like cops...We all know they will make something up. Charge MIGHT not hold but you WILL be charged. Organized crime with badges
    No reason to turn this into a cop bashing thread.

  14. #14
    Regular Member lonewolf2810's Avatar
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    First of all if you are drinking I would hope you are at home as that is the only place you should be drinking to be safe. If you are planing to go out and drink then the gun should remain home along with the keys. I can see it now person killed by gun toting drunk driver.

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    Quote Originally Posted by mekender View Post
    No reason to turn this into a cop bashing thread.
    my thread... and Im not cops do it to themselves...

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    Regular Member sultan62's Avatar
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    Quote Originally Posted by lonewolf2810 View Post
    First of all if you are drinking I would hope you are at home as that is the only place you should be drinking to be safe. If you are planing to go out and drink then the gun should remain home along with the keys. I can see it now person killed by gun toting drunk driver.
    1. How is drinking at home the only place to be safe/the only place you should drink?

    2. Having a drink does not equal getting drunk. Having a drink does not make me irresponsible. I'm not going to carry drunk, and I'm not going to drive drunk. I'm certainly not going to do both at the same time.

    Your post has no basis in fact and has no intelligent conclusion. You ended with the sensationalist line "I can see it now person killed by gun toting drunk driver." just like the antis do. Maybe put a little more thought into it next time?

  17. #17
    Regular Member lonewolf2810's Avatar
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    Angry

    Sir you do not know me and I take offense to the remarks you make about me. I am not going to get into a ******* match with someone with your intelligence so have a nice day. And go read the site rules before you start bashing and putting people down for their opinions RULE 6.
    Last edited by lonewolf2810; 08-05-2010 at 08:50 PM.

  18. #18
    Regular Member sultan62's Avatar
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    Quote Originally Posted by lonewolf2810 View Post
    Sir you do not know me and I take offense to the remarks you make about me. I am not going to get into a ******* match with someone with your intelligence so have a nice day. And go read the site rules before you start bashing and putting people down for their opinions RULE 6.
    I actually had to read back through the posts to see if it was someone else who might have offended you.

    1. You're right. I don't know you. That's why I didn't attack you, I attacked your post.

    2. What ******* match?

    3. Insulting my intelligence IS a personal attack. Didn't bash you, or put you down for your opinions. Disagreeing with an opinion is most definitely allowed. Your post had no specific purpose; it was, as I previously stated, not based on fact and without a real conclusion. It was a simple backhanded, off the cuff remark.

    If you wish not to respond with an actual point, instead stating that you don't want to get in a ******* match, then insulting my intelligence, fine. I support the first amendment as much as I do the second.

  19. #19
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    hhhmmm, maybe we should all take our guns off, and sit down an suck a brew and contemplate this for awhile.

  20. #20
    Regular Member sultan62's Avatar
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    Sounds good to me. We can have our own little 'beer summit'. I'll have a Killian's.

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    Quote Originally Posted by McX View Post
    hhhmmm, maybe we should all take our guns off, and sit down an suck a brew and contemplate this for awhile.
    why take off your guns? As long as we OC its fine... Ill leave my CCP at home..

  22. #22
    Regular Member papa bear's Avatar
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    i have often pondered on North Carolinian's bias (couldn't come up with a better phrase) when it comes to alcoholic beverages. there are still towns arguing over being "dry" or not. it does seem strange in a state that is trying to capture some of the wine industry. i have thought about the wine festivals that goes on in our area. they sale wine, and technically you are tasting but not drinking, but i guess you are still consuming.
    personally, i really can't see it being any worse for a person to have a glass of wine with supper being any worse than a person having a pot of coffee.

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