confused please help comprehend.... - Page 3

confused please help comprehend....

This is a discussion on confused please help comprehend.... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by zonker1986 No, sir. You telling others that drinking and carrying is fine is not only not cool, but completely irresponsible. Ya wanna ...

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Thread: confused please help comprehend....

  1. #31
    Member Array CowboyKen's Avatar
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    Quote Originally Posted by zonker1986 View Post
    No, sir. You telling others that drinking and carrying is fine is not only not cool, but completely irresponsible.
    Ya wanna down a couple of cold ones, and explain it to the officer after a self defense shooting why your blood alcohol is not quite right, have at it. Just be sure to have your
    attorney on speed dial. Just know that having any alcohol in your system after a self defense shooting has just made your attorneys job defending you almost impossible.
    Can you cite any case where this has been true? Not where I am in Nevada for certain and I have not found any such case anywhere where an otherwise good shoot turned into something else becuse the GG had been drinking.

    I call BS.

    Ken


  2. #32
    Member Array CowboyKen's Avatar
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    Quote Originally Posted by kelcarry View Post
    I agree with Maverick. Hey Cowboy: If you have any alcohol in your system and end up on the right side of a deadly confrontation, sure 001 is not going to put you in jail but you will be very busy civilly. In SC if you are found innocent or free of any criminal charges, you cannot be responsible for civil damages. How that plays out with a little alcohol--I do not know. Bottom line IMO Cowboy is that you can argue all you want for arguments sake, alcohol, firearms, and a death are ingredients for many headaches and many dollars in legal fees. To each his own. Easier to forego the drink than to start adding up legal costs. In SC you cannot CC in a restaurant that serves; hopefully this will change since the one instance that wants me to CC is that 11PM, leaving a restaurant to get my car scenario. As far as what started this thread it is insulting to read what is on the books in some states when it comes to defining a restaurant that serves, a bar that serves, separate areas for bars and restaurants--leave it to the nanny state idiot politicos to come up with this crap.
    Too bad about your laws in SC. In Fla and where I am, in Nevada, the law is very different. Please always comply with the law wherever you happen to be.

    Ken

  3. #33
    Member Array CowboyKen's Avatar
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    Quote Originally Posted by CowboyKen View Post
    I for one do not hesitate to have a cocktail or glass of wine with my meal when out, and I see no reason to limit my ability to protect myself, or my loved ones, should we face danger.

    Ken

    Quote Originally Posted by Gene83 View Post
    You are, of course, free to do as you wish. My state says that you cannot be in possession of a firearm while under the influence of alcohol. In that respect, it doesn't matter whether you have a permit to carry the firearm or not. The statute also doesn't give any blood alcohol threshold for being "under the influence", apparently leaving that up to a police officer (who may or may not like you, and may or may not be having a bad day). That's the reason I refrain from drinking and carrying. For me, it's not worth the risk when dealing with a statute as ambiguous as this one.

    Your state's laws may be a lot clearer. I hope so.
    Since you asked-

    Nevada law NRS: CHAPTER 202 - CRIMES AGAINST PUBLIC HEALTH AND SAFETY :

    NRS 202.257 Possession of firearm when under influence of alcohol, controlled substance or other intoxicating substance; administration of evidentiary test; penalty; forfeiture of firearm.

    1. It is unlawful for a person who:

    (a) Has a concentration of alcohol of 0.10 or more in his or her blood or breath; or

    (b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him or her incapable of safely exercising actual physical control of a firearm,

    Ê to have in his or her actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within the person’s personal residence and had the firearm in his or her possession solely for self-defense.

    2. Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484C.160 to 484C.250, inclusive, except that submission to the evidentiary test is required of any person who is directed by a police officer to submit to the test. If a person to be tested fails to submit to a required test as directed by a police officer, the officer may direct that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.

    3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

    4. A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.

    5. As used in this section, the phrase “concentration of alcohol of 0.10 or more in his or her blood or breath” means 0.10 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.

    (Added to NRS by 1995, 2533; A 1999, 2470; 2003, 2565)

    =====================================

    I hope this helps.

    Ken

  4. #34
    Ex Member Array apvbguy's Avatar
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    ken, that is your state, not mine

  5. #35
    VIP Member Array zonker1986's Avatar
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    Quote Originally Posted by CowboyKen View Post
    Can you cite any case where this has been true? Not where I am in Nevada for certain and I have not found any such case anywhere where an otherwise good shoot turned into something else becuse the GG had been drinking.

    I call BS.

    Ken
    Do what you want, cause I could give a rats. When I carry, I never touch the stuff.....advice from my attorney who also has his concealed weapons license. His advice: "Why give the District Attorney anything other than the facts to hang you?"
    By definition, alcohol impairs judgement, and if it would ever go to a jury trial, all the DA would have to say: "He was drinking". You're toast. Good luck.
    Kimbers are the guns you show your friends....Glocks are the ones you show your enemies.

  6. #36
    Distinguished Member Array kelcarry's Avatar
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    Boy it is amazing how we go on and on everytime the words alcohol and firearms are mentioned in the same sentence. Unlike drinking and driving, it seems that most states do not state a limit for alcohol if you are CC. Regardless of a limit, which would play heavily in criminal charges should you be CC and use your firearm, any amount of alcohol will indeed play heavily on civil charges and that drink of wine or one beer could cost you big time if you were CC and ended up using your firearm, even if it was a righteous and legal shooting with no criminal charges; I am not sure if the waiver on civil charges for a legal shooting would be applicable if proof of alcohol use were evident, even at the one drink level.

  7. #37
    Member Array redbeardsong's Avatar
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    Have we forgotten what we're talking about here? Keep in mind, we're discussing having a gun on your person while out having a drink, NOT drinking while handling and shooting your gun. Furthermore, I don't think anyone here is advocating getting drunk while carrying.
    In Georgia, there is no law against carrying while drinking. There IS a law against discharging a firearm while intoxicated UNLESS it is in SELF DEFENSE.

    Follow the laws where you are. For those who feel so strongly against drinking and carrying (where it's legal), based on the idea of potential legal troubles, do you not drink at all? If you and your significant other are attacked on your way home from a night out, would you rather be able to defend yourself and your loved one or be unarmed to avoid any possible legal headaches that, maybe, might possibly occurred. I know what my wife would say.

    Remember why most of us carry to begin with?

    As a side thought, I wonder if some of this discussion conflict is between those who carry as a lifestyle choice (all the time, everywhere, because you don't know when
    you'll need it), and those who only carry occasionally, (when not at work, school, or church, carrying while hunting or when they "think they need to".) To those in the former group, it doesn't make good sense to ever be unarmed. To those in the latter group, it's not uncommon to be unarmed throughout their day.

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