Alcohol and concealed carry

[Ryker]

Is it legal for a concelaed carry permit holder to consume Alcohol while carrying a firearm in the State of Georgia provided of course the establishement is clearly a resturant and not a tavern?

I'm not talikng about consuming alcohol to the point of intoxication, just enjoying a glass of wine while having a nice dinner with my wife.

Thank you,

 

[ThePirateThor]

good resources

Link Removed
Link Removed

their code uses the term "under the influence" a lot which is vague. Even when there is a defined legal limit (0.08g per 210 liters of breath), being under the influence can mean any alcohol in the blood system.

I know I didn't really effectively answer the question, but I don't feel that the code is clear enough to give you a good answer.

More than likely, you wouldn't run into problems if you were to have a glass of wine with dinner, but I'm not a law expert by any means.

 

[Ruger357SP101]

Is it legal for a concelaed carry permit holder to consume Alcohol while carrying a firearm in the State of Georgia provided of course the establishement is clearly a resturant and not a tavern?

I'm not talikng about consuming alcohol to the point of intoxication, just enjoying a glass of wine while having a nice dinner with my wife.

Thank you,

Most states, from my understanding, absolutely prohibit drinking while your armed.
Honestly, I agree.
I dont know how many times I went out with friends who said they were just going to have a couple drinks who went home falling down drunk. They had the best intentions, but its just to risky when youre driving or carrying a gun to even take that first drink.

Frankly, Ive turned in guys with guns who were drinking. Its a felony charge here and it should be.

 

[santa]

Guns and booze do not mix. Even if it was legal to have just some wine I wouldnt. If you had to use your gun defensively after that 1 glass of wine you can bet that the state will question you anyway. And even if no charges were filed there is the civil liability that any shyster lawyer will exploit on behalf of the 'poor' criminal that you shot. You might prevail in court but it might cost you everything. Drink a soft drink instead.

 

[Kasper]

Most states, from my understanding, absolutely prohibit drinking while your armed.
Honestly, I agree.
I dont know how many times I went out with friends who said they were just going to have a couple drinks who went home falling down drunk. They had the best intentions, but its just to risky when youre driving or carrying a gun to even take that first drink.

Frankly, Ive turned in guys with guns who were drinking. Its a felony charge here and it should be.

Well I hope you turn in all the police you have in your town cause last I checked they are allowed to carry in bars and drink alcohol whiled armed.

Now what makes you feel safer with them doing that then your fellow citizens I don't know. But it goes to show that you do not comprehend what the second amendment says.

For if you make rules for people to follow you yourself should follow the same rules you will be enforcing.

 

[NavyLCDR]

Is it legal for a concelaed carry permit holder to consume Alcohol while carrying a firearm in the State of Georgia provided of course the establishement is clearly a resturant and not a tavern?

I'm not talikng about consuming alcohol to the point of intoxication, just enjoying a glass of wine while having a nice dinner with my wife.

Thank you,

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.

 

[B2Tall]

Guns and booze do not mix.

You can say that again.

As somebody who works in the bar/nightclub industry there is no way I'd want people carrying while drinking in a bar or anywhere else alcohol is flowing.

 

[kelcarry]

NavyLT quote of Georgia law says it all. Yes I understand the difference between a car and a firearm but common sense would tell me that they both can kill you--actually, by statistics, the car is infinitely worse than the firearm. SC law is in process of maybe being changed to something similar to the GA law allowing casual drinking. The 08 limit certainly makes sense and, quite frankly, if there is one occasion that I would really like to be CC it is when I am trying to retrieve my car at 10PM after going to a restaurant--right now in SC, I cannot CC in the restaurant even if I do not have a drink.

 

[Trolljegeren]

I do not drink, however, I fail to see how someone drinking has lost his right to self defense? The same applies to pain medications.

In my state you car carry a gun as long as you are able to drive legally.

Those who oppose beer and guns ought to think what the Second Amendment means.

 

[hammer826]

Those who oppose beer and guns ought to think what the Second Amendment means.

With great freedom comes great responsibility.

I'll also add this with the expectation of getting flamed.

Proverbs 20:1 Wine is a mocker, strong drink is raging and whosoever is deceived thereby is not wise.

 

[B2Tall]

I do not drink, however, I fail to see how someone drinking has lost his right to self defense? The same applies to pain medications.

In my state you car carry a gun as long as you are able to drive legally.

Those who oppose beer and guns ought to think what the Second Amendment means.

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.

 

[B2Tall]

NavyLT quote of Georgia law says it all. Yes I understand the difference between a car and a firearm but common sense would tell me that they both can kill you--actually, by statistics, the car is infinitely worse than the firearm. SC law is in process of maybe being changed to something similar to the GA law allowing casual drinking. The 08 limit certainly makes sense and, quite frankly, if there is one occasion that I would really like to be CC it is when I am trying to retrieve my car at 10PM after going to a restaurant--right now in SC, I cannot CC in the restaurant even if I do not have a drink.

Here in Fla just because a restaurant serves alcohol doesn't mean you can't carry there. It's all about the primary source of income for that establishment - food or alcohol. If alcohol is the primary bread-winner then the place is considered a bar and bars are a "place of nuisance" and carry is prohibited. It's perfectly legal for me to carry in a restaurant in Fla and have a beer or two so long as I'm not considered "intoxicated". The law is designed to prohibit carry in places where people are most likely to get poop-faced.

 

[mappow]

Sorry, but I do not agree with ingestion of any intoxicant while carrying. CC/OC/LEO doesn't matter. One, two, three makes no difference to me. NOT being funny on this but just my beliefs. You make a conscience decision to carry and you make a conscience decision to drink. These behaviors do not mix. AND yes just one drink alters your thinking and physiological structure.
Just my opinion, don't shoot me!

 

[Longhairwitha357]

I do beleive we have debated this before. To me it's the same as "gun free zones". The law says we can't carry but doesn't make sence. The law abiding citizen is once again is unable to protect themselves. I said it before a threat is a threat it doesn't matter if I've had a few drinks or not. If I'm at home and had a couple and someone comes in and threatens me or my family am I not able to use my gun to defend us. I'm sure more quoestions will be asked and more problems will arise but my family will be safe. You could always do what I was told about my drivers license, get your pic taken with a hangover, that way if you get pulled over drunk or hungover you look the same as your pic. :laugh:

 

[NavyLCDR]

It's amazing how only one post actually answered the OP question.

 

[santa]

Let me add that the carrying of a gun absolutely requires a clear head free from the effects of drugs and booze. By the way I do not oppose drinking,just its abuse. One glass of wine of course is not abuse but even a small amount of alcohol can affect judgement. I do not have a problem with a permit holder carrying into a bar,just drinking and carrying at the same time. As a cop on a tv show many years ago said "lets be careful out there".

 

[B2Tall]

I do beleive we have debated this before. To me it's the same as "gun free zones". The law says we can't carry but doesn't make sence. The law abiding citizen is once again is unable to protect themselves. I said it before a threat is a threat it doesn't matter if I've had a few drinks or not. If I'm at home and had a couple and someone comes in and threatens me or my family am I not able to use my gun to defend us. I'm sure more quoestions will be asked and more problems will arise but my family will be safe. You could always do what I was told about my drivers license, get your pic taken with a hangover, that way if you get pulled over drunk or hungover you look the same as your pic. :laugh:

Here in Fla you're allowed to defend yourself with a gun even while intoxicated. You just better make sure you're in the right. If the powers-that-be decide that the situation was justified then you'll be vindicated, drunk or not. Anyone who's ever consumed alcohol has been in a situation where, after a few drinks (or more), something has seemed like a good idea only to be realized as a mistake a short while later. It usually involves getting behind the wheel of a car or a member of the opposite sex :fie: Guns don't need to be added to that mix.

 

[Rocketgeezer]

Let me add that the carrying of a gun absolutely requires a clear head free from the effects of drugs and booze. By the way I do not oppose drinking,just its abuse. One glass of wine of course is not abuse but even a small amount of alcohol can affect judgement. I do not have a problem with a permit holder carrying into a bar,just drinking and carrying at the same time. As a cop on a tv show many years ago said "lets be careful out there".

I totaly agree, one or the other, as a matter of fact since we got permits and basicly quit going to "bike nights", and bars in general, we save a ton of money that can be used to buy more ammo,LOL, and Santa, you should be careful, about old tv shows people will figure out how old you are, LOL, that was Phil Esterhause,on Hill Street Blues

 

[jg1967]

Well I hope you turn in all the police you have in your town cause last I checked they are allowed to carry in bars and drink alcohol whiled armed.

Now what makes you feel safer with them doing that then your fellow citizens I don't know. But it goes to show that you do not comprehend what the second amendment says.

For if you make rules for people to follow you yourself should follow the same rules you will be enforcing.

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.

 

[CapGun]

This alcohol and carry scenario just drives me crazy! This is my personal pet peeve I guess, so sorry for venting here.
We, CCW are up against enough already!
You're out with your family or just your wife. You leave, walk across the street or parking lot to get your car. You are accosted by two weapon (your choice) wielding individuals. ("They were just getting their life on track since they were released from being incarcerated"!)
You manage to shoot them both. One dies the other is paralyzed.
It's a good shoot or so it seems. Your waitress is found and interviewed. She states the same story over and over again to the LEO at the scene and later in court.
"Yes I served wine to their table and I did see the defendant drinking wine. I don't know how much he had or if he had more then one glass but I did see him with the glass and drinking some wine!"
Damn! Is that what you want to hear at your trial?
Forget the analysis and just go for common sense. You know there are relentless gun control fanatics out there just looking for the chance to justify their half baked ideology!
If you carry don't drink! If you want to drink don't carry! Up to you but the wrong decision might ruin your life and possibly make thing worse for the rest of us that support the 2A!!