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quote:
Originally posted by Dan Shapiro:
quote:
Originally posted by John175:
I took my CHL yesterday and was informed the same. There is a 0% tolerance of alcohol while a gun is on you or in your vehicle. Trunk included.


So, how do you buy beer at Wal-Mart?

I legally carry in the liquor store whenever I go shopping there.


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Posts: 5713 | Location: Neither Here Nor There | Registered: March 27, 2006Edit or Delete MessageReport This Post
Don't Mess
With Texas
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quote:
Originally posted by LittleGun:
Another rule we have in Texas is the 51% rule. If a business makes 51% or more from sales of alcoholic beverages, we can carry in that business. However, a 51% sign must be posted. If a sign is not posted, it is not an offense - just bad manners and warrants a verbal reprimand. If a 51% sign is posted, it means jail time.


Sorry to burst your bubble LittleGun, but unless the law has just recently changed, you can still be arrested for having a concealed handgun in a 51% establishment even if its not posted. The law states that the establishment must post the 51% sign, but is up to the CHL holder to know whether or not it qualifies as an establishment under the 51% law.

Kind of messed up that we should know these things even if the establishment isn't posted, but then again its usually pretty easy to figure it out.


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Posts: 414 | Location: Gillette, WY | Registered: April 14, 2006Edit or Delete MessageReport This Post
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quote:
Originally posted by BrainOnSigs:
I have posted this at least 10 times in the past....with no response. Not that I am expecting legal advice.....

From the Florida State Statutes:

790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.--

(1) As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

(2) For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand.

(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5) This section does not apply to persons exercising lawful self-defense or defense of one's property.



So....is this telling me that it doesn't matter if I have had a drink...as long as the "shoot" is legal?
Yes you are safe, by my understanding. SC has a similar language. The purpose is to provide legal recourse for the stupid.


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Posts: 389 | Location: CT | Registered: November 04, 2007Edit or Delete MessageReport This Post
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Ohio - Can't be 'under the influence' and in possession of a firearm. ORC doesn't define 'under the influence' so any amount can get you arrested even if in your home. Can't carry anywhere that serves alcohol for consumption on property.

Nevada - With a CCL you can carry and drink up to .10 outside the home, without a CCL you can posses a firearm if you are under .10 ... Inside the home... whatever you can do while sober you can do intoxicated...

Nevada is the way it should be everywhere... IMHO I feel that law abiding CCL holders are no different than licensed drivers who safely operate a motor vehicle after a few drinks.

This message has been edited. Last edited by: sig228-gsr,
 
Posts: 2369 | Registered: June 21, 2006Edit or Delete MessageReport This Post
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quote:
Originally posted by LittleGun:
I had my CHL class today and it was an education in Texas gun law. One interesting fact is that Texas CHL holders are not allowed to touch alcoholic drinks while carrying. It doesn't matter how much or how little the amount, drinking any amount of alcohol is an offense that means jail time and suspended license.


Just as the 51%, this isn't true either. Penal Code Section 46.035 does stipulate in section d it is unlawful to carry "while the license holder is intoxicated, regardless of whether the handgun is concealed."

The catch is there is no stipulated lower limit like the .08 for DUI. Determination of "intoxication" is strictly up to the judgement of the arresting officer. So the best idea is still not to drink at all.





115 + 115 = 230
 
Posts: 2247 | Location: Denton, Texas | Registered: April 29, 2000Edit or Delete MessageReport This Post
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Drinking in public while carrying is not smart.


--- Grayguns P226R .357SIG -- P226 W.German -- 590A1 -- M4gery -- Ruger Mark III ---

-- Fear is the mind-killer. Fear is the little-death that brings total obliteration. I will face my fear. I will permit it to pass over me and through me. And when it has gone past me I will turn the inner eye to see its path. Where the fear has gone there will be nothing. Only I will remain. --
 
Posts: 3553 | Location: Magdalena/Socorro, NM | Registered: October 14, 2005Edit or Delete MessageReport This Post
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You can go out CCW and consume alcohol in my state... what's legal however isn't always very smart!

My personal choice is to never mix drinking with CCW, driving or making major purchases! Big Grin


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Posts: 984 | Location: N. Nevada | Registered: July 20, 2007Edit or Delete MessageReport This Post
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quote:
Originally posted by modiecast:
Drinking and carrying is a bad idea for so many reasons. I, however, think all states should allow you to carry in a restaurant that serves alcohol provided you're not drinking.


Agree on both counts. Iowa laws do not prohibit CCW in a bar or a restaurant that serves alcohol, and I carry when we go out to eat (I drive, Mrs Sigmund can drink). My IA non-professional permit states "Invalid when using or consuming alcohol or illegal drugs."

At home, I put away the guns before popping open a rare beer or two.
 
Posts: 4805 | Location: Eastern Iowa | Registered: May 21, 2000Edit or Delete MessageReport This Post
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In CT the law states it's illegal to carry while intoxicated. I think they use the DUI standard for enforcement.
 
Posts: 204 | Location: NY | Registered: March 28, 2007Edit or Delete MessageReport This Post
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quote:
Originally posted by domcintosh:
quote:
Originally posted by BrainOnSigs:
I have posted this at least 10 times in the past....with no response. Not that I am expecting legal advice.....

From the Florida State Statutes:

790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.--

(1) As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

(2) For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand.

(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5) This section does not apply to persons exercising lawful self-defense or defense of one's property.



So....is this telling me that it doesn't matter if I have had a drink...as long as the "shoot" is legal?
Yes you are safe, by my understanding. SC has a similar language. The purpose is to provide legal recourse for the stupid.


Perhaps, but I wouldn't want to be the test case.

Also, Vthoky, you're wrong about VA. VA merely prohibits concealed carry in a restaurant that serves alcohol. Open carry is still perfectly legal there.




Sig P228 / Para 13.45 / Beretta M9 / DPMS AR-15 / Ruger 10/22.
A=A
 
Posts: 4369 | Location: Maryland | Registered: March 16, 2006Edit or Delete MessageReport This Post
Confused, very confused
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I apply the same rules to carrying as I do to riding a motorcycle. I'll have a beer with dinner while carrying or riding, but no more than that level of intoxication (which for me is about 2 drinks over the course of an evening). Here in WA, that's all good and legal. As someone else mentioned, it's only unlawful to carry in the portion of an establishment restricted to persons 21 and over by the state liquor board.
 
Posts: 393 | Location: Seattle | Registered: April 01, 2008Edit or Delete MessageReport This Post
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I agree with Lostlogic, I don't see anything wrong with having a beer with dinner and carrying (assuming it's legal to carry where alcohol is served in your state). If you are sober enough to drive a deadly weapon home, you are sober enough to carry, and defend your life.


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Posts: 1173 | Registered: February 13, 2008Edit or Delete MessageReport This Post
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CCW or not, in Ohio you cannot have any alcohol while having a loaded firearm in your possession.


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"With our own feathers, not by others’ hands,
Are we now smitten."
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Posts: 888 | Location: Powell, OH | Registered: March 04, 2008Edit or Delete MessageReport This Post
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quote:
Originally posted by Armed Infidel:
You can go out CCW and consume alcohol in my state... what's legal however isn't always very smart!

My personal choice is to never mix drinking with CCW, driving or making major purchases! Big Grin


MN is the same.


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Posts: 854 | Location: Twin Cities, MN | Registered: November 09, 2005Edit or Delete MessageReport This Post
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If you have even one drink while carrying you are an idiot. Not only is it an impairing drug, but my biggest fear is the prosecuting attorney.

No matter how justified you may be in pulling the trigger, if you are drinking it will be an issue. I personally don't even go into a bar if I have a gun on me. But if I did, I wouldn't drink.




"I tell you what, you can take a safety course, and if you're still interested in guns after they've taken all the fun out of it, we'll go to the tournament." -Hank Hill
 
Posts: 358 | Location: Guntown, USA | Registered: May 07, 2008Edit or Delete MessageReport This Post
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In NC you can't carry if you have ANY amount of alcohol in your system. If I occasionally have a cold one at home, I remove my gun and secure it properly. Needless to say, my drinking has decreased considerably.
 
Posts: 77 | Location: NC | Registered: February 17, 2008Edit or Delete MessageReport This Post
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quote:
Originally posted by sig226st:
In Washington, I belieave it is your not allowed to carry in any place that serves achohol where you have to be 21 to get in. I don't think you have to totally abstain from drinking, but it might not be a bad idea.


Correct... restaurants that serve alchohol are okay... 21 & over ONLY are restricted. I usually don't bother anymore. Too many things can go wrong. If I'm planning on drinking at all, I usually don't carry at all.
 
Posts: 12495 | Location: Rancho Costa Nada | Registered: October 12, 2001Edit or Delete MessageReport This Post
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Thanks for the corrections, guys. Chalk it up to new shooter enthusiasm. I'm still on an adrenaline high!
 
Posts: 247 | Location: Houston Texas | Registered: June 29, 2008Edit or Delete MessageReport This Post
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Drinking while carrying = stupid

While it is law that you can't carry in a place that serves alcohol for consumption I don't think there is a law that prohibits carrying while intoxicated.

Even if it is legal no one should carry after drinking.
 
Posts: 118 | Registered: June 15, 2008Edit or Delete MessageReport This Post
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In Nebraska, firearm are a no no only if the establishment derives 50% or more of its income from alcohol.
 
Posts: 21 | Registered: June 30, 2008Edit or Delete MessageReport This Post
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