Carry around alcohol?
This is a discussion on Carry around alcohol? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Florida Statute 790.06(12) states in part:
No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into ...
June 28th, 2006 10:12 AM
Florida Statute 790.06(12) states in part:
So, I can carry in Applebees, but not in the bar area.
No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any ~~ portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose
Not perfect by any means, but I prefer this over some of the others state's laws.
NRA Life Member
Northwest Florida Defensive Pistol Shooters Member
June 28th, 2006 10:12 AM
June 28th, 2006 10:14 AM
I agree with Betty. Alcohol consumption and firearms, ie gunpowder should not be mixed in any quantity at all. Carrying and abstnance from alcohol should be legal but TN is fixated on this law.
June 28th, 2006 10:20 AM
Here in South Carolina, I can't carry in a restaurant, or bar period. I don't understand the reasoning behind this law. In North Carolina, where I used to work, you can't carry in any establishment that serves alcohol, for consumption on premises.
If you want a battle of the wit's, please come armed.
Ron Paul Revolution 2008!!!
June 28th, 2006 11:10 AM
MO has the 51% of revenue from food (or some such percentage) rule. I carry all the time and my wife and I go to one "tavern" - but it's also a private club. MO law states that you may carry in an establishment that primarily serves alcohol if the owner or management allows you personally to do so. Where we go, the bartenders are actually quite happy when I'm there and it's somewhat common for the crowd to have several guns disassembled on the bar when I'm there, since I'm the somehow-elected gunsmith.
I've not really figured out the reasoning behind the no carry laws and alcohol. If you're going to be drunk, then that's your problem and with that lack of self-control, you likely shouldn't be carrying. So, leave it in the car and get stupid.
I guess that's why I only go to the one "tavern" and no place else. There aren't any drunks there that I've ever seen, just older responsible people. If that place closes, I guess we'll just stay home.
June 28th, 2006 11:18 AM
"Under the Influence"
Have you ever seen a definition of what that actualy means here in the PRM? Under the Influence is defined specificaly in the Motor Vehicle Code, but not the firearms code, AFAIK. I can argue that it means any BAC above .00, or that it means above .08 (I think thats the legal limit to drive?). But I sure dont wanna be the test case for that.
Originally Posted by LenS
June 28th, 2006 11:27 AM
North Carolina also has a law that states that if you have any amount of controlled substance in your system, you can not carry concealed. My understanding is that you can still carry open.
Originally Posted by ENSANE1970
The only variation that I have found is if it is a medically prescribed medication, and is at or below prescribed dosage.
Once a year my "office" has a Christmas party. We go to the boss's house and shoot guns, drink beer and smoke like freight trains. I will usually hold off any alcohol until I am finished shooting, or will drink in great moderation. Either way, the wife drives home.
June 28th, 2006 12:17 PM
I have been legally carrying daily for MANY MANY years.
I should add that I have absolutely NO criminal history NONE EVER as in nada~zero~zilch & have never even had a parking ticket.
If you run a "Rap Sheet" on me the page will come out of the printer plain white as in BLANK.
I don't even PARK illegally.
I comply with the law.
And if the very same law that I live with & abide by (every single day of my life) states that I can have a beer with my dinner then that is OK with me too.
I'm an extremely responsible adult.
I don't do anything that would not be considered to be normal human social behavior.
My personal logic (for myself) is that for a Multitude of years I have carried without incident.
I never look for trouble ~ I am never confrontational ~ I have good common sense and situational awareness & I do not have dinner in dangerous or high crime areas.
>We do not have any gangs in my area.
>We do not have any illegal immigrants.
>We do not have a daily violent crime problem in my area.
>We do not have muggers and robber barons on every street corner.
>We do not have car jacking or road rage incidents or drivebys & the list goes on of crimes that we Just Do Not Have in my area.
I live in a nice town and I pay my Fed State & Local Taxes Right On Time to live here too.
So...if I allow some vague, obscure, "one in a million" chance of a highly unlikely possible deadly threat to dictate and control my normal human social behavior and I allow that to control my Para~Normal Exemplary Upstanding All American Good Guy Life then then EVIL has finally triumphed over GOOD and the nameless, anonymous, "Bad Guys" have stolen our country and all of our freedom.
We might as well just turn it all over to them right now.
That is how I feel about having a damn beer.
I don't get anything that even remotely resembles a buzz off of one beer.
June 28th, 2006 12:21 PM
No Drinking Prohibition in Virginia
Actually, Virginia doesn't prohibit you from drinking while armed. It uses the 'under the influence' lingo.
It doesn't define this but it does say that if you are convicted of being under the influence for purposes of driving a car it will constitute evidence of being under the influence for purposes of carring a gun.
So, while it is clear that if you are drunk enough to get charged under a DWI you are too drunk to carry, it is not clear how much "less" drunk you can be and still carry.
My personal rule is that if I am armed, I do not drink when out of my home. However, I have had a beer or a glass of wine at home while armed. But if I feel that if I just HAVE to get a buzz, I'll leave the gun locked away. Just my personal rule.
June 28th, 2006 12:47 PM
QK has more than summed up the PA situation. IIRC the DUI levels are what would be taken into account if found drunk and legally carrying.
I am with him on the one beer with meal limit - or none at all. One beer consumed over an hour or more and with food means slow absorbtion and ''processing'' over time - meaning it is all but a non event physiologically.
The disparity between states does seem crazy and often extreme. I go in to state liquor store to buy - I go to Applebees maybe to eat and probably not drink - and even occasionally when on bike runs stop at a bar but get a soda - in all these cases I can legally still carry and to have to do otherwsie would seem crazy.
I am sorry for folks in states where the laws concerned with alcohol establishments are so draconian - they can have little useful effect other than to reduce the options for CCW.
Chris - P95
NRA Certified Instructor & NRA Life Member.
"To own a gun and assume that you are armed
is like owning a piano and assuming that you are a musician!."
- a portal for 2A links, articles and some videos.
June 28th, 2006 03:22 PM
Michigan has the above mention 51%=bar rule and also prohibits carry if you have a BAC of .02 or higher. I can see the .02 part, but why the bar part if it is already basically illegal to carry if you have had anything to drink? It just keeps the DD's from carrying and nothing more.
All the best,
June 28th, 2006 03:27 PM
Washington State allows concealed carry in restaurants that serve alcohol as long as you stay out of the portion that excludes minors. That would mean, to me, the lounge or bar. As to establishments that serve only liquor (Bars, Taverns, Saloons, etc.) they are off limits except to LEO's.
""If I shoot all the ammo I am carrying, I either won't need more or, more won't help me.""
June 28th, 2006 04:01 PM
As stated NC does not allow carry in any establishment that serves alcohol which knocks out the best restaurants, I live close to the border so I usually go to Va to eat out (just expose it) or to a movie. In NC you can not carry anywhere an admission is charged. Our laws on Conceal Carry need improvement but little hope as liberals control all branches of the state government.
June 28th, 2006 10:23 PM
Welcome to the forum. I don't know the exact number, but I have the impression that most "carry" states have a plethora of rules related to alcohol in restaurants and bars.
Originally Posted by brian77
Here in Colorado, we are lucky to have some pretty well-written carry laws. As your sheriff said, the only alcohol-related one is a prohibition of packing under the influence (PUI? ).
The most extreme alcohol-related restriction I know of is New Mexico's, which does not allow carry in any establishment that sells any form of alcohol---even a grocery store that sells beer only for consumption elsewhere.
"Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?" Patrick Henry (ironically a slave owner), 1775 Mar 23.
June 28th, 2006 10:51 PM
Texas has the 51% rule too but, the establishment has to be posted with a 51% sign. No sign you are good to go but, imbibing while you are carrying is a gray area. Some say zero tolerance others say .08% just like DUI. Hopefully our legislature will clarify this in its next session.
The only gunfight you truly win is the one you avoid.
July 2nd, 2006 02:22 PM
This is just me, I rarely drink, thinking about it I've had a beer, as in one beer, in the last two years. However I feel that if you are within the legal limits to drive a vehicle you should be able to carry. IF however you are having one of those nights where you have no buisness driving, then you have no buisness carrying.
We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm.
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