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States that allow drinking while armed

AZkopper

Regular Member
Joined
Jun 19, 2008
Messages
675
Location
Prescott, Arizona, USA
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.
 

daddy4count

Regular Member
Joined
May 11, 2010
Messages
513
Location
Seattle, Washington, USA
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?
 
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eye95

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Jan 6, 2010
Messages
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Location
Fairborn, Ohio, USA
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. ;)
 

eye95

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Fairborn, Ohio, USA
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.
 

eye95

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Jan 6, 2010
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Fairborn, Ohio, USA
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.
 

cscitney87

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Joined
Aug 13, 2009
Messages
1,250
Location
Lakewood, Colorado, USA
Colorado here

Booze: What would be considered too much?
04-06-2010 09:26 AM
http://forum.opencarry.org/forums/showthread.php?72326-Booze-What-would-be-considered-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?
 

eye95

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Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
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.
 

elixin77

Regular Member
Joined
Feb 20, 2010
Messages
591
Location
Greenville, NC, ,
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?)
 
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PrayingForWar

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Joined
Sep 9, 2007
Messages
1,701
Location
The Real World.
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.
 
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MamaLiberty

Regular Member
Joined
Nov 8, 2006
Messages
894
Location
Newcastle, Wyoming, USA
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.
 

langzaiguy

Regular Member
Joined
Mar 15, 2009
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916
Location
Central KY
Kentucky is strange, but the general understanding is that it is illegal to carry in a bar, but not a restaurant.
 

zack991

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Joined
Jul 29, 2009
Messages
1,535
Location
Ohio, USA
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.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
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.
 

mrjam2jab

Regular Member
Joined
Apr 26, 2009
Messages
769
Location
Levittown, Pennsylvania, USA
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.
 
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