Can I legally have a (really just one) drink with dinner in MS?

[payd2fly]

I have found some states like TN explicitly state that you cannot drink while carrying. I cannot find anything concrete in any of the Mississippi laws. Most states differentiate that you cannot carry in a bar or the
portion of a restaurant that is the bar. Does anyone know the answer and have the supporting verbiage? Any other info on states in the SE will be helpful just in case I travel there. Just like to have a beer with dinner. Thanks!

 

[Art S.]

Texas has a no legal limit when you carry.

 

[NavyLCDR]

Welcome to the forum! Did you know there are actually members of this forum who, if they saw you have a beer in a restaurant and knew you had a gun, would get up and leave the premises because of how dangerous they would consider you to be?

I'm looking for MS statutes now.

 

[maybejim]

Welcome to the forum! Did you know, there are actually members of this forum who, if they saw you have a beer in a restaurant and knew you had a gun, would get up and leave the premises because of how dangerous they would consider you to be?

I'm looking for MS statutes now.

Do they know something about the poster that the rest of us don't?

 

[NavyLCDR]

Do they know something about the poster that the rest of us don't?

Nope. But I do know of other members that the OP probably doesn't. To wit:

I do however competly disagree with drinking while carrying a firearm. Your brain is your first line of defense, and a little impared is still impared. If I had been there while you were drinking while OCing, I would have been grateful that I knew you had a firearm so I knew it was the right time to leave. I guess that is one benefit of OC over CC. And I know this will bring up comments of "I can handle my beer, you must be a lightweight, uugh I'm a man!!" Drinking while carrying makes me question the persons judgment.

I do support your right to drink and use/carry firearms if you choose to. But I will leave the room/area if you choose to do so around me and my family.

and the have a beer with dinner while carrying a gun conversation was probably beat to death in that thread. I'm not against it, BTW. I feel no need to disarm because I am going to have one or two beers in the course of an evening.

The only thing I can find in Mississippi Code is this:

§ 97-37-13. Deadly weapons; weapons and cartridges not to be given to minor or intoxicated person


It shall not be lawful for any person to sell, give or lend to any minor under eighteen (18) years of age or person intoxicated, knowing him to be a minor under eighteen (18) years of age or in a state of intoxication, any deadly weapon, or other weapon the carrying of which concealed is prohibited, or pistol cartridge; and, on conviction thereof, he shall be punished by a fine not more than One Thousand Dollars ($ 1,000.00), or imprisoned in the county jail not exceeding one (1) year, or both.

 

[Treo]

I have found some states like TN explicitly state that you cannot drink while carrying. I cannot find anything concrete in any of the Mississippi laws. Most states differentiate that you cannot carry in a bar or the
portion of a restaurant that is the bar. Does anyone know the answer and have the supporting verbiage? Any other info on states in the SE will be helpful just in case I travel there. Just like to have a beer with dinner. Thanks!

Are you willing to bet your freedom on the answer you get from some anonymous internet poster?

 

[Go99]

Even if it's legal, a prosecutor would have a hay day with the fact that you might have been impaired during a shooting incident. Sad, but true.

 

[B2Tall]

If you don't know, err on the side of caution and don't drink. One little drinkee is not worth putting your right to legally carry at risk.

 

[Keykutter]

The part of the South that I live in, SC, having a beer w/ dinner can happen only if you are unarmed. You are not permitted to carry in any establishment that sells alcohol for consumption in that establishment.

I'm sure Navy can quote the 'exact' text of that part of the law but that's the short version. Not much room for any different interpretation.

KK

 

[Nightmare45]

Texas you can drink if you are over .08 you have a serious problem.

 

[old curmudgeon]

The part of the South that I live in, SC, having a beer w/ dinner can happen only if you are unarmed. You are not permitted to carry in any establishment that sells alcohol for consumption in that establishment.

I'm sure Navy can quote the 'exact' text of that part of the law but that's the short version. Not much room for any different interpretation.

KK

North Carolina law is the same............................

 

[Warbirds]

Welcome to the forum! Did you know there are actually members of this forum who, if they saw you have a beer in a restaurant and knew you had a gun, would get up and leave the premises because of how dangerous they would consider you to be?

I'm looking for MS statutes now.

He is referring to people like me.

Alcohol and guns don't mix. It's stupid and irresponsible. But Mr passive aggressive Navy believes he can handle it. It's a pity that in one post he is very intelligent then he follows it up with this crap.

 

[Raider-3]

To my knowledge you cannot be over the legal limit in colorado. But I wouldn't be caught with a drink in hand while carrying.

 

[Treo]

To my knowledge you cannot be over the legal limit in colorado.

Your knowledge is wrong
18-12-106. Prohibited use of weapons.
(1) A person commits a class 2 misdemeanor if:
(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), C.R.S. Possession of a permit issued under section 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).

 

[Tucker's Mom]

My husband makes it a point not to fly a plane if he had drink -- even with just one beer. He is the same with carrying. None at all. I am not into drinking so I am the scout between the two of us if he ever drink, then I drive or fly home or will be preferred to shoot anyone who will want to harm him...and me.

 

[xdmgator]

I don't know what the big deal is ??? Back in the old west days everyone was carrying in the saloons

 

[payd2fly]

All great points and thanks for the welcome and inputs. @Navy: Looks like you found the same articles I found, which still leave question marks in my mind. Think I'll go the conservative route on this one for now. As with anything, risk mitigation is the key. You definitely accept more legal and personal risk if you drink and carry. It's not for everybody, but I think a reasonable, well trained/educated, responsible free man in certain environments can and should be able to enjoy an adult beverage carrying or not. Did I straddle the fence enough on this one?

 

[NavyLCDR]

I don't know what the big deal is ??? Back in the old west days everyone was carrying in the saloons

Heck, 29 people died every day in 2009 due to drunk driving accidents. Why is it not illegal to possess car keys in a bar or in a restaurant that serves alcohol? How come people don't leave in fear of their lives when they see someone having a beer with dinner that they know has keys in their pocket?

Yet it is soooo dangerous to drink a beer with a gun in a holster that we must pass laws to prohibit the mere possession of a gun in a restaurant that serves alcohol or a bar, and people will leave the building if they see someone having a beer while wearing a gun?

Just a question here: how many of you that would never drink and carry a gun have no problem drinking a beer with car keys in your pocket? Can you really be trusted not to drink and drive and kill someone, or do you honestly think you can handle your alcohol enough not to take the keys out of your pocket and drive?

 

[Keykutter]

Another bad an analogy. It's illegal to drink and drive. Having keys in a restaurant is not driving.

If you're really saying you are not affected by alcohol, I just have nothing more I can say. I have thought you have been off the wall in some other post's you have made but this one takes the cake.

I'm kinda really wondering at this point what kind of job you have as a Naval Officer that allows you that type of thinking. Amazing!

Kk

Heck, 29 people died every day in 2009 due to drunk driving accidents. Why is it not illegal to possess car keys in a bar or in a restaurant that serves alcohol? How come people don't leave in fear of their lives when they see someone having a beer with dinner that they know has keys in their pocket?

Yet it is soooo dangerous to drink a beer with a gun in a holster that we must pass laws to prohibit the mere possession of a gun in a restaurant that serves alcohol or a bar, and people will leave the building if they see someone having a beer while wearing a gun?

Just a question here: how many of you that would never drink and carry a gun have no problem drinking a beer with car keys in your pocket? Can you really be trusted not to drink and drive and kill someone, or do you honestly think you can handle your alcohol enough not to take the keys out of your pocket and drive?

 

[Deserteagle]

Your knowledge is wrong
18-12-106. Prohibited use of weapons.
(1) A person commits a class 2 misdemeanor if:
(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), C.R.S. Possession of a permit issued under section 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).

Dang you beat me to it! I was just about to post that!