This is a discussion on Alcohol and conceal carry within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Thanks for the information and opinions on this topic, and thank you highvoltage, for the actual law related to my question. I understand mixing alcohol ...
Thanks for the information and opinions on this topic, and thank you highvoltage, for the actual law related to my question. I understand mixing alcohol and firearms is a bad idea, I just wanted to make sure I am able to have a beer at dinner, and still legally able to protect myself and my family. I understand this topic is argued and debated about a lot, and appreciate those of you who participated in the conversation.
“They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.” - Ben Franklin
MSP - Carrying Under the Influence
Carrying Under the Influence
An individual licensed to carry a concealed pistol shall not possess a concealed pistol on their person or motor vehicle while they have any bodily alcohol content (.02 bodily alcohol content [BAC] or above) or a controlled substance.*
Acceptance of a Concealed Pistol License (CPL) constitutes implied consent to submit to a chemical test for violations of this law.
A police officer who has probable cause to believe an individual is carrying a concealed pistol and has consumed alcohol may require a chemical test of breath, blood, or urine.
An individual carrying a concealed pistol with any BAC is subject to immediate seizure of their pistol and the following penalties:
BAC of .02 - .07 = State civil infraction, $100 fine, and up to 1-year CPL license revocation.
BAC of .08 - .09 = 93-day misdemeanor, $100 fine, and up to 3-year CPL license revocation.
BAC of .10 or more = 93-day misdemeanor, $100 fine, and permanent CPL license revocation.
in Utah we have a similar law, and the wording is basically the same. However, our law goes on to specify that "under the influence" is as it is defined in [reference to another state code]. That [other state code] is the DUI law, which states that anything over .08 BAC at the time of operating the motor vehicle, or at the time of the administered test, is considered being under the influence of intoxicating beverage.
So basically where I live you can be armed and consume alcohol, you can't be over the BAC of .08, the same level used for determining being under the influence for purposes of DUI laws.
Now, you're in a different state, so obviously my Utah laws don't apply to you, and you will want to consult an attorney who is versed in your state's firearms laws (these are typically criminal defense attorneys), to determine the exact definitions as they apply in your state. Something to consider when reading laws is that sometimes the language can be ambiguous, and the determination falls to precedent set through prior legal judgement. This information won't show up in the actual statute, but an attorney who specializes in the subject would typically be aware of such precedent and be able to give you much more authoritative answers.
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I take no chances. When i carry i don't drink...not 1 beer.
Don't want to give anybody any reason to say in a courtroom that i was seen drinking before i had to defend myself
Too funny - no matter the topic nor what mod requests, the neo-Prohibitionists and anti-alcohol squad jumps on the thread with post after post....
I never drink becasue I want o be completely safe - alcohol and guns don't mix - it's so likely I'll need to shoot someone, I refuse to drink.....
Let's just number these lines to save everyone from typing them each time a n00b asks something even remotely related to alcohol.
Sorry for pointing out the obvious - I know better than to click on these threads.....