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 ...
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.
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.
Give to them according to their deeds and according to the wickedness of their endeavors; give to them according to the work of their hands; render to them their deserts. Psalm 28:4
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.
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.