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Thread: Can you OC and drink alcoholic beverage in Nevada?

  1. #1
    Campaign Veteran MAC702's Avatar
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    Can you OC and drink alcoholic beverage in Nevada?

    I tried the Search feature, but either I've become an idiot overnight, or its the hardest to use Search feature I've ever seen.

    So, like the subject says. For example, there is a bar at the Pro Gun Club (nee Desert Hills) range. While they, of course, can make a rule that you can't (being private property) does State Law allow you to keep your OC sidearm on you while you have a refreshing drink after shooting?

    I am aware that you cannot conceal a firearm while drinking, per CCW rules.

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    Regular Member john-in-reno's Avatar
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    Well Per NRS 202.527 one may not possess a firearm with a blood alcohol level above .10. so as long as it is bellow that I would say yes.

    But in my honest opinion Alcohol and Firearms don't mix!

    Stay safe and stay sober!

    And by the way Yes I do drink, After i get home and have no place else to go i will have a few beers or mixed drinks
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  3. #3
    28kfps
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    Yep a legally carried gun open or concealed and a drink of your favorite alcohol beverage if of age are legal. However, the cut off it is not above 0.10. If you are 0.10 or above, 0.09 ok, 0.10 jail time. Driving with a 0.08 or above is jail time. So one is allowed to be more impaired carrying a lethal weapon than driving one.

    A little added info that has little to do with the posting. We had 4 family members killed by a 19 year-old drunk some time ago. So have fun just arrange for a ride home.

    Not that anyone cares what I think however, I have no problem with a good tasting alcohol beverage. I do agree with JIO drinking while carrying though legal to a point and may be ok for those in control however in my opinion still not a good idea.

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    The laws already been cited, so I'll just give my personal opinion... I don't personally have an issue with drinking while carrying as long as it's within reasonable limits. For example, if I'm out to dinner and concealing I'll almost always have a beer. However I think open carry is a bit different just because of public perception. Some people already have a hard enough time accepting that open carry is legal. My guess is you'd find a lot more "lawyers" out there who'd give you crap for drinking while open carrying. I wouldn't want all the extra attention. But that's just me.

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    The often overlooked second paragraph of NRS 202.257 states the following:

    2. Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484C.160 to 484C.250, inclusive, except that submission to the evidentiary test is required of any person who is directed by a police officer to submit to the test. If a person to be tested fails to submit to a required test as directed by a police officer, the officer may direct that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.

    IANAL, and as far as I know this hasn't been tested in court, so use reasonable caution, because the saying "you might beat the rap, you won't beat the ride" might just apply here. If you are drinking and OC, it's hard to say how a police officer might interpret the evidence, and may force you to submit to a blood test.

    I have personally OC'd into PT's Pub and had 2 beers with a burger and fries. But I only did it once. Afterwards, I reconsidered my choice and felt it would be best to conceal at a bar or restaurant where I'm drinking. On the other hand, I will have a few beers in my front yard (when it's not so hot out), and I always enjoy at least one frosty brew when visiting my buddy's garage, and I don't have any reservations about OC then.

    To answer you question more directly, like all choices to carry, it must be a personal choice, and you must decide for yourself. Under the law, you're legal to be in possession of a firearm as long as your BAC is less than 0.10. And if you're at home, you can be in possession of a firearm with any BAC.
    Last edited by timf343; 08-15-2011 at 11:18 PM.

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    If Guns and alcohol do not mix, what makes knives and alcohol such a great tradition?

    When I go into a Steakhouse I am never cut off because I am in possesion of a deadly weapon. If my current deadly weapon is not sharp enough, I do not have to go through a "Brady" check to get another, In fact they will bring it out with a beer.

    If my memory serves, I have never been refused another beer, because I had control of a deadly weapon.

    A properly holstered gun is the same exact thing as a properly used knife.

    I do agree with Tim on the perception side, however we know how to be responsible, that is the bottom line.

    Just for clarifacation, I have had a couple beers. I do not practice, or advocate plinking, shooting or any other planned firearm activity with alcohol. But for those that can retain judgement, it should be their choice.

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    Regular Member john-in-reno's Avatar
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    Quote Originally Posted by DON`T TREAD ON ME View Post
    If Guns and alcohol do not mix, what makes knives and alcohol such a great tradition?
    Well I could have put Knifes, Baseball Bats, Crowbars, and Rocks in here also but since he was asking about OC of a sidearm and NOT a Knife and this forum has to do mostly with firearms I didn't see the point of putting that in there
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    Quote Originally Posted by john-in-reno View Post
    Well I could have put Knifes, Baseball Bats, Crowbars, and Rocks in here also but since he was asking about OC of a sidearm and NOT a Knife and this forum has to do mostly with firearms I didn't see the point of putting that in there

    John,
    While I agree with you about the OP citing Open carry, you opined stating guns and alcohol do not mix. While that is an exellent rule, to every rule, there are always exceptions.

    Why does this argument belong in an open carry forum? Because we are the ones thinking out of the Box, thats why, like you I am as safe as possible with my firearm.

    The other thing that comes to mind is, you never mentioned why guns and alcohol do not mix. would alcohol ruin the finish on your custom grips? No! you are talking about people with weapons and alcohol do not mix. (Feel free to correct me if I am wrong on this) Although I have never heard about a 44Mag that had to go to AA meetings.

    My point is this It is not the gun, or IWB/ OWB or anything else tangeble. It is a Dangerous person that does not mix with guns.

  9. #9
    28kfps
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    Quote Originally Posted by DON`T TREAD ON ME View Post
    If Guns and alcohol do not mix, what makes knives and alcohol such a great tradition?

    When I go into a Steakhouse I am never cut off because I am in possesion of a deadly weapon. If my current deadly weapon is not sharp enough, I do not have to go through a "Brady" check to get another, In fact they will bring it out with a beer.

    If my memory serves, I have never been refused another beer, because I had control of a deadly weapon.

    A properly holstered gun is the same exact thing as a properly used knife.

    I do agree with Tim on the perception side, however we know how to be responsible, that is the bottom line.

    Just for clarifacation, I have had a couple beers. I do not practice, or advocate plinking, shooting or any other planned firearm activity with alcohol. But for those that can retain judgement, it should be their choice.
    DTOM you just can’t help yourself. I am thinking of a new posting name for you of Spoon.

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    Regular Member greengum's Avatar
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    This topic is real touchy to some people who come here. I remember one time posting a story that included me drinking a beer and getting private messages telling me to delete the booze part. I declined. I myself do enjoy a glass of bourbon from time to time, well especially Fridays and saturdays! I am a pretty big guy and I can handle my booze very well. I have OC'd and have had a cocktail a few times. One of them was a strip walk we had. If I choose to have a couple drinks should I then lose the number one line of defense against my family and myself? I would say no. Which is more important, having a couple of drinks after work with dinner or maybe shining a bad light on OC'ers in general because somebody might get offended? As much as I like you guys, I'm going to choose to enjoy my life and be protected at the same time. Let me also say that when I do go out and plan on getting nice and drunk I never bring my gun. There has been a couple of occasions that I have had a few cocktails and then put my gun away in the trunk of my car or had my designated driver carry it. This happened one time on the strip with a fellow OC'er that has been a member here for a really long time. At about the 5th drink I simply took my holster off my belt and had him carry it for the rest of the night until went calle dit an evening and put it in the trunk of my DD.

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    Regular Member The Big Guy's Avatar
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    Many years ago, after attempting to drink the world dry for the benefit of man, I discovered that I just couldn't do it and now leave it up to the amateurs. I drink very little, a beer now and then, a Rye and water once in a while. Usually when enjoying a steak out with the Mrs. As I don't get drunk, or anywhere near the limit, my firearm stays on my belt. The bottom line, behave responsibly. In my opinion, if you drink once in a while because you enjoy it, great. If you are drinking to get loaded, you may have a problem anyway and best stay away from vehicles, firearms, flammable liquids and matches, high places, or walking in traffic. The people who object to your beer with dinner while OC are the same people that object to OC anyway.

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    You legally can. You might be subjected to a field sobriety test and arrested though.

    The next question is why you'd want to OC and drink alcohol. We carry our sidearms to protect ourselves and our families. If you have to deploy your weapon in self defense, then alcohol will not help tactically (it will probably slow down your reflexes and hurt your aim). Legally, when you are defending your actions, then it will be a major factor that may crush your defense and ruin your life. Even if it was a good shoot, introducing booze into the mix could seriously muck things up. When I got my CCW (in another state) the cop mentioned that the city did not extend their insurance/legal defense to off-duty cops who were drinking and carrying. That is, if a cop had to shoot someone within 8 hours of a beer touching their lips, then that cop was going to be on their own to deal with the fallout. What's the point of living through an altercation just to land in jail or ruin your family's financial future?

    There's also the public relations fallout. Part of OC is being a good steward for the right and being a representative. There is already enough hysteria and stereotyping to contend with on the issue of guns in bars and restaurants and so on.

    I generally don't drink in public and carry at all -- one or the other. At most, if having a really good steak over a longer meal that deserves a good glass of wine, I'll have one (and only one) glass of wine -- and then I'll CCW. DW and I take turns being the DD, and the driver takes care of carrying as well so the other can enjoy appropriate beverages.

  13. #13
    28kfps
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    Would it be me or is everyone for the most part on the same page on this one? Make the choice one is comfortable with while understanding ones owns limitations, abilities, and convictions.

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    I'm not as good as I once was....

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    Last edited by OC-moto450r; 08-02-2012 at 08:44 PM.

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    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by armaborealis View Post
    You legally can. You might be subjected to a field sobriety test and arrested though.

    The next question is why you'd want to OC and drink alcohol. We carry our sidearms to protect ourselves and our families. If you have to deploy your weapon in self defense, then alcohol will not help tactically (it will probably slow down your reflexes and hurt your aim). Legally, when you are defending your actions, then it will be a major factor that may crush your defense and ruin your life. Even if it was a good shoot, introducing booze into the mix could seriously muck things up. When I got my CCW (in another state) the cop mentioned that the city did not extend their insurance/legal defense to off-duty cops who were drinking and carrying. That is, if a cop had to shoot someone within 8 hours of a beer touching their lips, then that cop was going to be on their own to deal with the fallout. What's the point of living through an altercation just to land in jail or ruin your family's financial future?

    There's also the public relations fallout. Part of OC is being a good steward for the right and being a representative. There is already enough hysteria and stereotyping to contend with on the issue of guns in bars and restaurants and so on.

    I generally don't drink in public and carry at all -- one or the other. At most, if having a really good steak over a longer meal that deserves a good glass of wine, I'll have one (and only one) glass of wine -- and then I'll CCW. DW and I take turns being the DD, and the driver takes care of carrying as well so the other can enjoy appropriate beverages.
    What about over the counter cold medications? Slows your reflexes, makes you drowsy. What if you have or are recovering from flu/cold? You are impaired far more than having a beer.

    I carry primarily for self protection and to exercise my right. My primary goal is not to educate the public.

    What if I'm sitting in a bar with friends, sidearm on my belt, sipping a club soda? Am I to be concerned with what some refugee from CA sitting at the next table perceives?

    As 28Kfps and Dirty Harry says " you got to know your limitations ".

    TBG
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    <---- possibly the only person on this forum arrested for "possessing a firearm while intoxicated" NRS 202.257


    Quote Originally Posted by MAC702 View Post
    I am aware that you cannot conceal a firearm while drinking, per CCW rules.
    Cite please.
    Last edited by Yard Sale; 08-17-2011 at 02:08 PM.

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    A quick answer to the question -- yes you can OC and CC a firearm and have an alcoholic beverage. As noted the legal limit for firearm possession is 0.10.

    As an aside I do not understand the aversion to alcohol and shooting. I'm not talking about fall down stupid drunk, but a beer or two does not impaired make.

    For example, the Swiss routinely drink prior to shooting.

    http://www.swissrifles.com/shooting/

    Perhaps the most noticeable difference between Swiss and American rifle ranges is the presence of alcohol. Beer and Wine are readily available at Swiss Ranges. It's not uncommon to start a bottle of wine before the days shooting, and to finish the bottle after the day's shooting has ended. Yet, Swiss Ranges remain largely accident free. The Feuerschützen in Basel has not had an accident in over 500 years. Safety is a definite concern at Swiss Ranges, like American ranges, and before coming off the line, weapons should be cleared, magazines removed, and where applicable, bolts locked open. "Cowboy" attitudes don't play well on Swiss Ranges. They are there to shoot, not show-off. The Swiss also have great confidence in their fellow shooters. If you look at the picture below, you can see a driveway on the right side of the picture. Traffic comes and goes, even while there is active shooting going on.


    Absolutes are for those who are unable to use any discretion or judgemet. Responsible adults, on the other hand, should not (and in Nevada do not) have those choices made for them.

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    Regular Member Nevada carrier's Avatar
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    Other responses have affirmed that your are not in violation of any criminal statute so long as your BAC is below .10. My position is this; Should you use your firearm in riteous self defense, you have two courts you must surpass, Criminal and Civil. Any alcohol in your blood gives ammunition to a plaintiff bringing suit against you if you shot their beloved family member. The jury will see the greatest professional photo the family can produce and the plaintiffs family will present your assailant as a saint, out doing the lord's work; and YOU, with your .04 BAC, in your drunken state misunderstood that the money he was asking you to donate to his charity to rescue blind, deaf, orphans with multiple sclerosis to be a robbery at gun point.

    In civil court everything you did leading up to a self defense shooting will be twisted to make you look like the criminal. Even something you said to your best frind 5 years ago about how you "hate criminal scum and wished they were all dead." Believe me, some attorney somewhere will find it, and turn it against you.
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    Quote Originally Posted by Kinoons View Post
    A quick answer to the question -- yes you can OC and CC a firearm and have an alcoholic beverage. As noted the legal limit for firearm possession is 0.10.

    As an aside I do not understand the aversion to alcohol and shooting. I'm not talking about fall down stupid drunk, but a beer or two does not impaired make.

    For example, the Swiss routinely drink prior to shooting.

    http://www.swissrifles.com/shooting/

    Perhaps the most noticeable difference between Swiss and American rifle ranges is the presence of alcohol. Beer and Wine are readily available at Swiss Ranges.
    Maybe the real difference is the fact that we are allowed to shoot anything we want at most of our ranges. And on any day of the week. Here is a pat of the article you didnt post.

    Sadly, shooting is very limited in Switzerland these days. As I mentioned above, your are strictly limited in the choice of rifles you can fire on public ranges. In addition, new noise ordinances limited the amount of time you can fire. At Bursins, shooting is only allowed on Wednesday evenings, and in Basel, shooting is done on Thursday evening. Further, the various protection devices that are now being required, be they bullet walls or sound tunnels, are very expensive, and a number of ranges have been forced to shut down, as they couldn't afford the "upgrades". Shooting in Switzerland may soon be regulated out of existence.

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    You are correct sir, I did leave that out. I didn't feel it was relevant to this discussion. If you want to bring the entire article to light:

    The limited selection of rifles are current and former Swiss service rifles. The limited selection of handguns are 9mm and .22lr only. How that has anything to do with alcohol and shooting I do not understand.

    I also do not see how the limitation on range time is relevant to this discussion. While it is unfortunate that cities have found it appropriate to limit shooting due to noise it does not change the fact that alcohol and shooting can safely mix.
    Last edited by Kinoons; 08-18-2011 at 07:50 PM.

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    Quote Originally Posted by MAC702 View Post
    I tried the Search feature, but either I've become an idiot overnight, or its the hardest to use Search feature I've ever seen.

    So, like the subject says. For example, there is a bar at the Pro Gun Club (nee Desert Hills) range. While they, of course, can make a rule that you can't (being private property) does State Law allow you to keep your OC sidearm on you while you have a refreshing drink after shooting?
    Unless there is a statute that I am unaware of, it is not illegal to consume alcohol while armed, openly or concealed.
    Quote Originally Posted by MAC702
    I am aware that you cannot conceal a firearm while drinking, per CCW rules.
    That is not "aware." That is "belief in a non-existent 'rule'". Can you cite the "CCW rules" that make it illegal to conceal a firearm while drinking?
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by wrightme View Post
    Unless there is a statute that I am unaware of, it is not illegal to consume alcohol while armed, openly or concealed.
    That is not "aware." That is "belief in a non-existent 'rule'". Can you cite the "CCW rules" that make it illegal to conceal a firearm while drinking?
    Thanks for sharp-shooting me! It was stated matter-of-factly in my CCW class. I took it as gospel! I promise to stop doing that!

    And yes, I agree with many here about the appearance of drinking while openly armed, but also appreciated the analogy of drinking while in possession of other "weapons."

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    Quote Originally Posted by The Big Guy View Post
    What about over the counter cold medications? Slows your reflexes, makes you drowsy. What if you have or are recovering from flu/cold? You are impaired far more than having a beer.

    I carry primarily for self protection and to exercise my right. My primary goal is not to educate the public.

    What if I'm sitting in a bar with friends, sidearm on my belt, sipping a club soda? Am I to be concerned with what some refugee from CA sitting at the next table perceives?

    As 28Kfps and Dirty Harry says " you got to know your limitations ".

    TBG
    If you carry for self protection then I'd think open carry is not a great tactical idea when drinking alcohol in a bar. As discussed already, booze slows you down -- even 0.03 BAC is enough to start impairing judgement (ability to rapidly assess a situation and respond properly) and fine motor skills; the effects are measureable even if people don't "feel" drunk.

    Moreover, bars tend to be crowded and full of drunk people. Open carrying in such a situation sounds like a serious retention problem. How confident are you in your gear? How much unarmed weapon retention training have you had? Do you have a non-lethal option available (baton, spray, taser, etc) in the event that a drunk starts something that is short of a "shooting offense" (i.e. fear of death or grievous bodily injury)? If you have to shoot, have you had sufficient training to fire from retention (or speed rock, or whatever your training dictates) at extremely close quarters without hitting bystanders?

    Based on the reflexes issue and the retention problem set, based on my level of training, if my primary objective was self-defense then I would choose to cover up and not drink.

    If your objective is to publicly exercise the right then that is different. In that case "flaunt it" all you want. However, I would argue that if you want to exercise the right then there is a responsibility that goes with that. Whether we like it or not, when we OC we are ambassadors and representatives for the 2A. Context matters. I'm not saying that it would ALWAYS be appropriate to cover up in a place that serves booze; but one an see how there might be certain appearances that do more harm than good. There's a lot of gray area between "discreetly carrying a black sidearm in black holster against black shirt and drinking an obviously non-alcoholic drink quietly in the corner" and "boozing it up boisterously with a Rossi Ranch Hand or Draco AK strapped to your leg."

    I personally cover it up in crowded areas full of rambunctious people that would pose a retention or escalation issue. I don't drink when carrying open or concealed unless I'm having a REALLY good steak that deserves a single glass of wine, or a dessert that deserves a single glass of port. I do appreciate that it is legal to do so and think that it should remain legal, having been in states where drinking while carrying is not allowed at all, but still don't think it is a great idea. If I ever have to use my sidearm in self-defense I want to be able to say, "No sir!" when asked if I've been drinking.

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    Quote Originally Posted by MAC702 View Post
    Thanks for sharp-shooting me! It was stated matter-of-factly in my CCW class. I took it as gospel! I promise to stop doing that!

    And yes, I agree with many here about the appearance of drinking while openly armed, but also appreciated the analogy of drinking while in possession of other "weapons."
    Mac, I believe that I speak for the majority, when I say we all have been misdirected by our CCW instructor. No one is taking that to the bank, as we all had to learn, after school.
    The important part is , that we are on here learning the truth.

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    Glad having a beer while in possession of a firearm is not illegal in Nevada or more people probably would have died in this incident.

    Click here for the story.

    I agree that possession of a firearm while drinking may be irresponsible and it may even be unsafe, but drinking doesn't preclude the inalienable right of self defense. Notice in the story above it doesn't even mention the police asking or testing the Reno man reference drinking. I'll bet he didn't stop just for chit chat.

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