alcohol legality

[Assault Manager]

New to CC and was in a discussion. The question was is to legal to imbibe alcohol while carrying. We both agreed that like driving, alcohol and CC were a bad combination. But the question was on legality and if so what was and what wasn’t, such a glass of wine with dinner at a restaurant or a couple of beer watch the game in someone home. Figure knowledge is a good thing, so thanks for your time and input.

Please understand, I am inquiring about general "legality" only, believe that truth, knowledge and information are important.

 

[KevinD]

This will be entirely dependent on where you are. For instance, here in Texas, the law states that you cannot be intoxicated while carrying. Some have an unreasonable fear that this means you can have absolutely zero alcohol in your system since the statute does not define what intoxicated is (fearing it will be left up to the officer/judge's discretion), however elsewhere in state law it defines intoxication at .08% BAL and any good lawyer should be able to make that case. There are additional laws in texas surrounding alcohol. Mainly that you cannot go into an establishment that derives over 50% of it's sales from the sale of alcohol to be consumed on the premise (a bar or pub that doesn't move much food). There is however a defense to prosecution if they do not post the required signage by the entrance in a particular manner.

As you can see this gets muddy pretty quickly - unclear laws can lead to confusion and/or fear, add in the fact that many people are emotionally attached to alcohol (be they teetotalers or otherwise) and this will likely heat up... As for me, I believe, like every thing else in life, that we need to practice discipline and self-control at all times. I have no problem having a couple of beers or a glass of wine with dinner while carrying, because I know my limits and I know how my body reacts to alcohol. If I decide I'm going to tie one on, I put the gun up... But any more there's no real fun in getting out of control, so I normally carry and drive for my friends while they enjoy getting slammed.

If you want specific information on your location, we'll need to know where you are.

 

[NavyLCDR]

Depends entirely upon state law.

In Washington it is illegal to carry in that portion of an establishment which is off limits to <21 years of age due to a liquor license.

In Washington, there is no statute against drinking and carrying. I can open carry without a permit, or concealed carry with a permit into the restaurant portion of Applebees and legally consume alcohol.

There is a Washington law which states that a gun confiscated from a person while legally drunk and while carrying a firearm in a manner that would require a concealed pistol license will permanently forfeit that firearm.

 

[nogods]

New York does not prohibit conceal carry in bars or restaurants, and there is no specific law against being armed while intoxicated.

But if you are found to be armed while intoxicated an LEO will probably disarm you and report you to the licensing judge for a hearing on whether to revoke your cc permit.

 

[brcombs]

Whether it is "ok" or not, I prefer to not drink at all while carrying. IF I should have to use my weapon and it came out that I had even 1 drink, a shrewd attorney could use that against me in a criminal trial or, more importantly, in a civil trial.

It could prove to be very costly, and is not worth it.

 

[Hamilton Felix]

Interesting area of discussion. I am in Washington State. My birthday is tomorrow, so I guess I've been carrying concealed just about 36 years. We occasionally go out to dinner. She may have a glass of wine. I may have a beer with my steak. I carry a 1911, she carries a revolver. More often than not, she drives (mostly because we read to each other on the road, and she likes me to read). The smallest one of us is 220 lbs. so I never really give much thought to intoxication. But if there was some sort of self-defense "event," I'm sure any alcohol at all would be become an issue.

I guess this is one more thing to worry about. Neither of us is likely to become intoxicated. I'm a former EMT, and she's an ex-cop, so we both strongly frown on intoxication or even loss of situational awareness. I'm not about to become a teetotaller just because of fear something might happen. But we'll do our best to remain "aware."

 

[walther380]

It's pretty bad we can't have a drink while out with the family. I'm a responsible drinker when I go out because I usually drive. I have a single beer then I have soda for the rest of the night. It seems like the lousy lawyers are the ones we need to fear when we have a conflict with a mugger.
I guess we can always ask a mugger, "hey, I've had a drink and I can't shoot you right now so can you come back in a hour"?

 

[BruceGAtl]

Here in Georgia....

it is not ILLEGAL to drink while carrying... prolly not a great idea unless in
considerable moderation... but not against the law...
So .... have that glass of wine with dinner at that fancy restaurant WITH your side arm strapped on - one of the few times that I will recommend CC
cause you KNOW how folks are... :shout:

 

[NavyLCDR]

Kind of funny story.... just this last Friday, my wife and I dropped our daughter off at the high school for the play she was working in. We had 1 1/2 hours to kill before the play actually started, so we went to a local pub and eatery. I was open carrying my PT-145 as I usually do. We had a wonderful steak dinner, including two beers over the course of the hour. I noticed the waitress was wearing a belt buckle with two crossed, gold 1911's (just emblems, not real...) I commented that I really liked her belt buckle. She never noticed my gun.

I don't drink to excess when carrying, but, to me, that does not mean none. I also live in small town, rural America, though.

 

[tommy62]

Bye-Bye HCP in TN

 

[foxytwo]

Legal?

Here in Georgia....

it is not ILLEGAL to drink while carrying... prolly not a great idea unless in
considerable moderation... but not against the law...
So .... have that glass of wine with dinner at that fancy restaurant WITH your side arm strapped on - one of the few times that I will recommend CC
cause you KNOW how folks are... :shout:

It may be legal to have a drink, but if you are stopped for any reason and the cop has any reason to think you have consumed any alcohol he can have you take a breathalayzer test. The legal limit is .08, but you could blow .04 or less and if he said your actions were eratic, you could be charged with being under the influince. You might be able to beat it but it would cost you thousands of dollars, and if you lost, you have lost a lot. For my safety I do not have even a half glass of wine with dinner when out, but at home it is different.

 

[nogods]

Although it is not illegal to drink and cc in NY, I can't imagine why anyone would do so. When I'm armed it is because I have a concern about being in a situation where I may need to use deady force. I don't carry a handgun to show it off. I'm not going to reduce my ability to use my weapon by any amount of alcohol.

 

[rahlquist]

Here in Georgia....

it is not ILLEGAL to drink while carrying... prolly not a great idea unless in
considerable moderation...

Unfortunately, I used to have some close proximity neighbors who used to show up on the weekends about 6 hillbilly types pile out of their rustbuckets with 2 carrying AR-15 and 2 carrying cases of beer. A very unfortunate situation when you live outside the city limits.

 

[weekendskp]

Unfortunately, I used to have some close proximity neighbors who used to show up on the weekends about 6 hillbilly types pile out of their rustbuckets with 2 carrying AR-15 and 2 carrying cases of beer. A very unfortunate situation when you live outside the city limits.

Why are you pickin' on hillbillies? They could just as easily be bankers or stock brokers. You didn't mention blindfolds, so I'm sure you're safe. My neighbor puts on a blindfold and shoots clay pigeons in his back yard. I don't care how long you cook them, they're still tuff.

 

[S&W645]

It may be legal to have a drink, but if you are stopped for any reason and the cop has any reason to think you have consumed any alcohol he can have you take a breathalayzer test. The legal limit is .08, but you could blow .04 or less and if he said your actions were eratic, you could be charged with being under the influince. You might be able to beat it but it would cost you thousands of dollars, and if you lost, you have lost a lot. For my safety I do not have even a half glass of wine with dinner when out, but at home it is different.

If I blew a .04 I'd be concidered DUI. No way out of it.

 

[BlackieChan]

Whether it is "ok" or not, I prefer to not drink at all while carrying. IF I should have to use my weapon and it came out that I had even 1 drink, a shrewd attorney could use that against me in a criminal trial or, more importantly, in a civil trial.

It could prove to be very costly, and is not worth it.

You are very right! I think that this is the most important point that can be made.

I hadn't considered this. When I carry I am prepared to do what it takes to defend myself and others, but if there is any alcohol in my system I am not protecting myself from legal ramifications.

This isn't to say that I have ever been drunk while carrying (or ever).