Alcohol and concealed carry

I was at a local club last night, and was hanging out with some friends. The establishment doesn't ban guns on premise so I carry. I also don't drink alcohol so I was fine. My instructor did say he goes out with his wife, and enjoys a glass of wine every once in a while. Even the sheriff at the class said he does the same thing. I believe it's a personal choice, and if you have your CCW I would hope to God you have the brains to use common sense. If I plan on drinking I leave the gun at home, and have a DD. But this rarely happens because I'm always the DD/DC.
 
Those who support an alcohol/guns mix ought to take the blinders off and think about what the constitution means as a whole.

A "No Drinking While Carrying" law does not hinder somebody's 2A right in the least. Not even the tiniest bit. It give somebody a choice. You can have one or the other, just not both at the same time. Such laws simply mean that if you choose to drink alcohol you are temporarily surrendering your right to carry. "Choose" being the key word there - it's up to you as an individual. You don't have to if you don't want to. It's no different than if you choose to walk out of the house today w/o a gun. Drinking alcohol is not a right, it's a highly regulated priviledge that has strings attached to it. This is one of those strings.

It's no different from a law that forbids convicted felons from carrying. It's no different from a law that forbids a person from carrying on a plane or on private property when the owner says "no". Don't like being in those situations?? Then choose not to put yourself in one.

Well call me a dumb ass cause there are people who can carry arms on an airplane and into bars while drinking. But you for some reason have no problem allowing them that right but want to forbid the citizens of doing as the government law officials do.

You keep forgetting the police officers kill and injure more innocent bystanders then all the people with CCW license.

Why you want to over look that fact, I don't know but it is pissing me off greatly that you want to restrict my rights while allowing the government officials unrestricted rights. When it is a matter of public record that the government officials have a bad track record that magically keeps getting portrayed as why legal citizens should not be allowed their rights.

As I have said before and will say again if you make laws or rules you want to have us follow you yourself have to follow them. Since the government officials don't follow the laws they want us citizens to follow you should be able to see why I have a problem with it. "Do as I say not as I do" is not a good way to try and lead by. Cause there will be many who say if you can do it so can I.
 
Good one, do not think cops should be able to drink and carry either. Then again off duty cops can pretty much carry anywhere but part of that is for their own safety and because they are expected to intervene if something happens. Which would not make much sense if they were not carrying.

So why do they have the right to be able to defend themselves but I am not allowed the same right. Is their safety more important then my safety?
 
To answer the actual question asked:

Georgia Code:



Washington, BTW, has no law against carrying a firearm while under the influence, but does have a law that says a firearm is forfeited which is confiscated under circumstances where the subject is intoxicated and carrying a firearm in a manner or place that requires a CPL.

Well, the NavyLT said it all quite correctly. I do have a GFL and I know better than to carry and drink (even a little dab as it was alluded to). I may not agree, but I do see the ramifications of having both ideals. Don't do it!
 
Good one, do not think cops should be able to drink and carry either. Then again off duty cops can pretty much carry anywhere but part of that is for their own safety and because they are expected to intervene if something happens. Which would not make much sense if they were not carrying.

Ummm... just so you become aware.... the police are not expected to intervene if something happens....

Police have no responsibility to protect individuals (reference)

Police have no legal duty to respond and prevent crime or protect the victim. There have BEEN OVER 10 various supreme and state court cases the individual has never won. Notably, the Supreme Court STATED about the responsibility of police for the security of your family and loved ones is "You, and only you, are responsible for your security and the security of your family and loved ones. That was the essence of a U.S. Supreme Court decision in the early 1980's when they ruled that the police do not have a duty to protect you as an individual, but to protect society as a whole."

"It is well-settled fact of American law that the police have no legal duty to protect any individual citizen from crime, even if the citizen has received death threats and the police have negligently failed to provide protection."

Sources:

7/15/05 SUPREME COURT OF THE UNITED STATES No. 04-278 TOWN OF CASTLE ROCK, COLORADO, PETITIONER v. JESSICA GONZALES, INDIVIDUALLY AND AS NEXT BEST FRIEND OF HER DECEASED MINOR CHILDREN, REBECCA GONZALES, KATHERYN GONZALES, AND LESLIE GONZALES
On June 27, in the case of Castle Rock v. Gonzales, the Supreme Court found that Jessica Gonzales did not have a constitutional right to individual police protection even in the presence of a restraining order. Mrs. Gonzales' husband with a track record of violence, stabbing Mrs. Gonzales to death, Mrs. Gonzales' family could not get the Supreme Court to change their unanimous decision for one's individual protection. YOU ARE ON YOUR OWN FOLKS AND GOVERNMENT BODIES ARE REFUSING TO PASS THE Safety Ordinance.

(1) Richard W. Stevens. 1999. Dial 911 and Die. Hartford, Wisconsin: Mazel Freedom Press.

(2) Barillari v. City of Milwaukee, 533 N.W.2d 759 (Wis. 1995).

(3) Bowers v. DeVito, 686 F.2d 616 (7th Cir. 1982).

(4) DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189 (1989).

(5) Ford v. Town of Grafton, 693 N.E.2d 1047 (Mass. App. 1998).

(6) Warren v. District of Columbia, 444 A.2d 1 (D.C. 1981).
"...a government and its agencies are under no general duty to provide public services, such as police protection, to any particular individual citizen..." -Warren v. District of Columbia, 444 A.2d 1 (D.C. App. 1981)

(7) "What makes the City's position particularly difficult to understand is that, in conformity to the dictates of the law, Linda did not carry any weapon for self-defense. Thus by a rather bitter irony she was required to rely for protection on the City of NY which now denies all responsibility to her."
Riss v. New York, 22 N.Y.2d 579,293 N.Y.S.2d 897, 240 N.E.2d 806 (1958).

(8) "Law enforcement agencies and personnel have no duty to protect individuals from the criminal acts of others; instead their duty is to preserve the peace and arrest law breakers for the protection of the general public."
Lynch v. N.C. Dept. of Justice, 376 S.E. 2nd 247 (N.C. App. 1989)

New York Times, Washington DC
Justices Rule Police Do Not Have a Constitutional Duty to Protect Someone By LINDA GREENHOUSE Published: June 28, 2005
The ruling applies even for a woman who had obtained a court-issued protective order against a violent husband making an arrest mandatory for a violation.
 
To answer the actual question asked:

Georgia Code:
§ 16-11-134. Discharging firearm while under the influence of alcohol or drugs


(a) It shall be unlawful for any person to discharge a firearm while:

(1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;

(2) The person's alcohol concentration is 0.08 grams or more at any time while discharging such firearm or within three hours after such discharge of such firearm from alcohol consumed before such discharge ended; or

(3) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.

(b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of possessing or discharging a firearm safely as a result of using a drug other than alcohol which such person is legally entitled to use.

(c) Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature.


Washington, BTW, has no law against carrying a firearm while under the influence, but does have a law that says a firearm is forfeited which is confiscated under circumstances where the subject is intoxicated and carrying a firearm in a manner or place that requires a CPL.

Good thing for (b) or (a)(3) could get me in troubles. Certain medications are traceable up to 10 days after taking. Long after the half-life of them is gone. And with some medical procedures( IV plus injections), it is unsafe to drive, drink, carry a gun, or even sign legal papers for 24 hours after having them.
 
In NC a concealed carrier isn't supposed to (notice supposed to) even go into a restaurant that serves alcohol, even if the carrier isn't drinking. That is extremely aggravating as every restaurant short of fast food joints locally serve at least beer. (my city was voted Beer City USA) I personally don't want to drink while I carry since I think it clouds judgement not to mention aim so I wish this stupid law would change!!:mad:
 
Those who support an alcohol/guns mix ought to take the blinders off and think about what the constitution means as a whole.

I've got the blinders on?

A "No Drinking While Carrying" law does not hinder somebody's 2A right in the least. Not even the tiniest bit. It give somebody a choice. You can have one or the other, just not both at the same time. Such laws simply mean that if you choose to drink alcohol you are temporarily surrendering your right to carry. "Choose" being the key word there - it's up to you as an individual.

I'll suggest that we deny a permit to anyone who has a history of drinking -ever. Your choice!

Drinking alcohol is not a right, it's a highly regulated priviledge that has strings attached to it. This is one of those strings.

Are you drunk?

It's no different from a law that forbids convicted felons from carrying. It's no different from a law that forbids a person from carrying on a plane or on private property when the owner says "no". Don't like being in those situations?? Then choose not to put yourself in one.

I'm actually for any adult person to be allowed to carry with the exception of violent criminals. Once you're out, you'd be able to carry and defend yourself and your state and country.

A few years back anyone could walk into an aircraft with a gun without any check. Then idiots started to write 'common sense gun laws'.

In my state I can legally carry to any place except .gov and schools.

You, who would deny the right to carry for anyone proficient enough (for whatever standard), ought to think a bit prior to posting asinine arguments.

The Second Amendment 'reasonable' restrictions are BS. Someone wrote: "Shall not be infringed" DO NOT somehow translate into "reasonable restrictions apply". I subscribe to that. Anything else is a slippery slope - has been and still is.

In NJ, for example, some idiot wrote a law that makes both the husband and wife a felon if the hubby shows his new gun to his wife at home.

People like you are a danger to this country with your 'sensible' restrictions.
 
Hey guys: You are given a drivers license to move something around that can easily cause fatalities and does so at alarming regularity. You are given a CCWP to carry a firearm that can easily cause fatalities but, to my knowledge, at infinitesimal regularity, even if above the established 08 rule. Personally, I see no difference--if anything, based on statistics, I would have greater penalties and stricter enforcement for the drivers than the CC person. At the very least, strict penalties and strict enforcement for both permitees should be consistent. The idea that a CC someone. after belting down a few, is going to go on a rampage, while his counterpart is not going to kill someone in his car does not make sense. Bottom line: same criteria for both, but I would up the ante on penalty--severely. No car, no gun, for some length of time and expensive fine for first time; jail for the second time, really bad jail time for anytime after.
 
I've got the blinders on?

The Second Amendment 'reasonable' restrictions are BS. Someone wrote: "Shall not be infringed" DO NOT somehow translate into "reasonable restrictions apply". I subscribe to that. Anything else is a slippery slope - has been and still is.

People like you are a danger to this country with your 'sensible' restrictions.

Do you even have a concealed weapons permit? Do you even own a gun?? If you do I doubt if it will be for very much longer.

You do have blinders on. All you can see is the one sentence that comprises the 2nd Amendment. You're ignoring the rest of the Constitution and the way it has been put into effect over the last 200 years. Even the men who wrote it knew it wasn't a blank check for the citizens of this country (or the Fed) to do whatever they want whenever they want.

Freedom of Speech doesn't give somebody the right to lie during a business deal.
Freedom of Religion doesn't give somebody the right to deny critical medical care to their child in favor of prayer.
The right to bear arms doesn't give somebody the right to carry on private property if the property owner says "no".
The God-given right to defend oneself doesn't give a 6'5" 250lb healthy man the right to pull out a gun and shoot a 5' 100lb woman just because the woman threatened him with a dinner fork.

And the list goes on and on.........

Some of the "reasonable restrictions" to the Constitution that I've listed above were supported by the Founding Fathers themselves.

If it was up to you (and I'm thankful it isn't), everyone would be able to carry not just pistols but hand-grenades, machine guns, rocket launchers, poison gas, nukes, and any other "arm" they wanted, wherever and whenver they wanted, and they'd be able to use them pretty much at the drop of a hand.

Well "Troll" (how fitting), I suggest you go out and find a heart defibrillator, press it to your ears, then discharge it. It might jump-start your brain.
 
In general, yes. For my personal protection, no.

You're, like the rest of us, entitled to your own opinions. I'm happy that your encounters (or news articles) with the police have not yet ruined your view of the LE community.

It's good to comprehend that your well-being is your personal responsibility.

Stay safe.
 
Do you even have a concealed weapons permit? Do you even own a gun?? If you do I doubt if it will be for very much longer.

No I don't. My license reads 'a permit to carry a pistol.'

No I don't. My wife and I own 52 firearms.

The third argument of yours is, of course, asinine. Is that the best you can do ... really?

You do have blinders on. All you can see is the one sentence that comprises the 2nd Amendment.

Try to focus. This thread is about drinking and guns, a Second Amendment issue. Capishe?

The rest of your rant I'll simply ignore.

The God-given right to defend oneself doesn't give a 6'5" 250lb healthy man the right to pull out a gun and shoot a 5' 100lb woman just because the woman threatened him with a dinner fork.

I'll promise I'll use you as an example in my next self-defense class; you're being hilarious.

Some of the "reasonable restrictions" to the Constitution that I've listed above were supported by the Founding Fathers themselves.

:biggrin:

If it was up to you (and I'm thankful it isn't), everyone would be able to carry not just pistols but hand-grenades, machine guns, rocket launchers, poison gas, nukes, and any other "arm" they wanted, wherever and whenver they eanted, and they'd be able to use them pretty much at the drop of a hand.

It is people like you that we need to worry about, because you're ready to give away every right our forefathers have been fighting for.

BTW, people in this country (Are you even an American?) own machine guns, jet fighters, artillery, tanks, etc.

Well "Troll" (how fitting),

Since your Norwegian lacks, I'll translate it for you: Troll Hunter. Get it? It's rather silly and childish to attack one's handle in lieu of an intelligent argument, but we all understand from where you're coming.

I suggest you go out and find a heart defibrillator, press it to your ears, then discharge it. It might jump-start your brain.

Ah, a personal attack. :yu: MODERATORS !!! :yu:
 
No I don't. My license reads 'a permit to carry a pistol.'

No I don't. My wife and I own 52 firearms.

The third argument of yours is, of course, asinine. Is that the best you can do ... really?

Try to focus. This thread is about drinking and guns, a Second Amendment issue. Capishe?

The rest of your rant I'll simply ignore.

I'll promise I'll use you as an example in my next self-defense class; you're being hilarious.



:biggrin:



It is people like you that we need to worry about, because you're ready to give away every right our forefathers have been fighting for.

BTW, people in this country (Are you even an American?) own machine guns, jet fighters, artillery, tanks, etc.



Since your Norwegian lacks, I'll translate it for you: Troll Hunter. Get it? It's rather silly and childish to attack one's handle in lieu of an intelligent argument, but we all understand from where you're coming.



Ah, a personal attack. :yu: MODERATORS !!! :yu:

Wow! The self-appointed Supreme Overlord of the 2nd Amendment is swinging his sceptre with gusto!

This thread is about a restriction to the 2nd amendment. My examples of restrictions to other parts of the constitution (and to the 2A) are entirely valid in this thread.

Yes, people legally own machine guns but they need permits to do so. You would have no such restrictions.

Artillery? Outside of an antique please tell me what private citizen residing in the US has a functioning, weaponized peice artillery that they can use to fire explosive rounds. Jet fighters? Not with guns on them. Ditto for tanks.

I see you dodged the primary point of my post - that you believe anybody should be able to carry (or drive, or fly, etc.) any weapon any time. Do you teach that in your self-defense class - dodging valid points folowed by a tactical change of subject?? LMAO!

It must really get you PO'd knowing that millions and millions of people in this country (private property owners) can, under certain circumstances, completely deny you your 2A rights. I love it!

I'd say you're hilarious if your POV wasn't so reckless and alarming.
 
I'm actually for any adult person to be allowed to carry with the exception of violent criminals.


I meant to comment on this earlier.

Actually you have two 2A exceptions in that sentence. Nowhere in the 2A (or the Constitution) is there anything that says a non-adult can't carry or anything about violent criminals carrying.

Well my friend, don't look now but you've just thrown your support behind a couple of reasonable exceptions! Welcome to the club!
 
Weird I know I typed it in english but for some reason you anti 2nd amendment people just over looked it.

What makes a government officials safety more important then my safety? If you are willing to let off duty police carry their firearms in to bars for their safety why is it that my right to safety is being infringed upon?
 
And how is the average person supposed to be able to determine that?

As somebody said before: "That's why I always ask to see their balance sheet when I walk in the door!". That law is well meant but in actuality not very practical.
 
And how is the average person supposed to be able to determine that?

Ask the manager. It's the responsibility of the CCer to know. Most are pretty obvious. A bar that serves food and has a separate dining room (fairly common because of the smoking laws in Fla) is OK for CCing as long as you stay in that area.

My boss(es) owns a number of places, all of which serve both food and alcohol. Only one of his places is considered a restaurant. The others are considered bars. The only time it's ever come up is occasionally when somebody shows a CC permit as proof of age (and presumably as a non-verbal way of asking if it's OK to carry). At that point we'll go ahead and inform them one way or the other. We don't stop people from carrying in the place that's legal to do so.
 

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