Can You Carry While Drinking At A Bar?

This is a discussion on Can You Carry While Drinking At A Bar? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by tinkerinWstuff I agree completely with your post about choice. The meer presence of alcohol doesn't make people drink. I too usually opt ...

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Thread: Can You Carry While Drinking At A Bar?

  1. #106
    VIP Member Array Janq's Avatar
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    Quote Originally Posted by tinkerinWstuff View Post
    I agree completely with your post about choice. The meer presence of alcohol doesn't make people drink. I too usually opt for soda rather than a beer. Where I take issue - are you saying that I'm not an adult when I choose to have a glass of wine with my fiancee'?
    TWS,

    The context was 'Adult' as in possessing the ability to make a behavior choice as related to one self in relation to what is right, wrong, and situationally most appropriate.

    Drinking alcohol of any sort is not and was not the question.
    The focus is on carrying firearms in specific and at that choosing to drink alcohol at all, whether one be alone as I most often am (my wife does not like alcohol and thus does not drink) or as in your own case drinking wine with your fiance.

    Persons who deem themself to be an adult and have adult like decision making skills and complete mental faculties should then have zero problem carrying a firearm, assuming they have the emotional abilities to handle that responsibility on it's own, and to be within access of alcohol and/or around others partaking in same and simply refuse to them self drink anything that is alcoholic.

    If a person cannot handle this then one has to wonder what are they doing carrying a gun on their person amongst the public, or even having access to a firearm anywhere at all, considering both activities as a matter of personal choice do come with large and significant adult personal responsibility.

    BTW to be most accurate in MA specifically, where I currently reside but am not 'from', there is not only no law against carry in to such establishments but there is no law against drinking while carrying either (!).
    Drink though and then find yourself being discovered inadvertently or act like a drunken jerk to the point that the po-po are called on you and then you will find yourself in multiple layers of hot water. First being a charge of disturbing the peace or public drunkeness. Second you'll be subject to a field sobriety check exact same as if you had been pulled over in a motor vehicle or walked up on by cops on the street upon seeing you looking to be physically less than sober. If you fail this you will be arrested _and_ your firearm confiscated _and_ your MA LTC-A immediately confiscated and later at the station officially revoked _and_ if you were involved in some sort of altercation you could very well find yourself being subject to assault with a lethal weapon (firearm) charges. Tally these up and said adult is looking at very deep adult problems. Oh, and you very well could have your motor vehicle operators permit confiscated and revoked as well which is a state govt. document same as ones license to carry permit. Very very expensive.

    So again very simply think it through, as an adult would and should do.
    I personally do not need MA to have a specific law against carrying and having some degree level of BAC simply because as an adult I know and can on my own differentiate between right, wrong, and stupid as related to behavior.
    Same applies to drugs too be they recreational/illegal form or prescribed/pharmaceutical, as specifically related to firearm carry be it open or concealed.

    - Janq

    P.S. - Same questioning would also apply to the allowance of these same people who find them self unable to refuse a drink while carrying to wonder about allowing them the state issue allowance (which is not a right) to operate any motorvehicle too. Cars, planes, boats, motorcycles, trains, riding, lawnmowers, motorized bicycle, scooters, and wheelchairs too. If it's a conveyance and it is made to move by some means other than human power then it is by definition thus 'motorized'.
    I have been hit by and suffered as a result greatly in the physical by a drunk driver, with a 4K lb. full size station wagon...as she was late and speeding on her way to pick up her child from a K-12 school. Persons who cannot refuse an offered drink or restrain them self from not drinking one period muchless while carrying then might should not be enabled and allowed to have access to 2K and as much as 15K lbs. motorized vehicles to operate on our roads and water ways amongst the public.

    Persons here in this thread who think them self to be pro-gun and pro-carry but have an issue with carry in bars or at other establishments that might serve alcohol of any sort might think on this item too, which is directly analogous.
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

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  3. #107
    Member Array BurkC's Avatar
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    Oklahoma Liquor and Carrying

    Here is Oklahoma's statute:

    TITLE 21 1272.1. Carrying firearms where liquor is consumed

    CARRYING FIREARMS WHERE LIQUOR IS CONSUMED
    A. It shall be unlawful for any person to carry or possess any weapon
    designated in Section 1272 of this title in any establishment where
    low-point beer, as defined by Section 163.2 of Title 37 of the
    Oklahoma Statutes, or alcoholic beverages, as defined by Section 506
    of Title 37 of the Oklahoma Statutes, are consumed. This provision
    shall not apply to a peace officer, as defined in Section 99 of this title,
    or to private investigators with a firearms authorization when acting in
    the scope and course of employment, and shall not apply to an owner or
    proprietor of the establishment having a pistol, rifle, or shotgun on the
    premises. Provided however, a person possessing a valid concealed
    handgun license pursuant to the provisions of the Oklahoma
    Self-Defense Act, Section 1290.1 et seq. of this title may carry the
    concealed handgun into any restaurant or other establishment licensed
    to dispense low-point beer or alcoholic beverages where the sale of
    low-point beer or alcoholic beverages does not constitute the primary
    purpose of the business.

  4. #108
    Senior Member Array AZ Desertrat's Avatar
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    In AZ.....NOT legal.
    "The Constitution is not an instrument for the government to restrain the people; it is an instrument for the people to restrain the government--lest it come to dominate our lives and interests." --Patrick Henry

    SEMPER PARATUS

  5. #109
    VIP Member Array Janq's Avatar
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    Burkc,

    How does the state of OK define "primary purpose" of a business?

    I ask because I have been to many establishments that were marketed as being a bar or pub including as even part of the businesses name (e.g. 'Mike's Tavern' or 'Eastside Bar & Grill') but upon entering you find a bar and pool tables, or a bar and a stage for dance/karaoke (I have and will sing in public)/poetry readings/televisions to show sporting events and even VFWs that as a basis is a bar but actually is a community meeting place that every one goes to to sit and chat and even not drink at all, or at night is a dance club or hobbyist center (my wifes former knitting group would meet at a VFW!), and even one where I as a student took a Basic Hunter Education course...to which on the other side of the wall from where we sat as a class was an active bar as the primary purpose of the business operation.

    I personally would have a problem with the OK view of law unless there is some determinant toward purpose of business, and even if there is such how would they deem my examples all of which are real world actual establishments I have visited and carried as concealed into and are not fictional hypotheticals.

    - Janq

    P.S. - Amazingly I was able to resist the urges of the bartender and inanimate not sentient beer, and order either nothing at all or on occasions when I did get thirsty a tall icey glass with a slice of lime in it...water. I'm not much of a fan for soda.
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  6. #110
    Ex Member Array MadMac's Avatar
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    Quote Originally Posted by Janq View Post
    (I have and will sing in public)/poetry readings/televisions
    This reminds me of a classic Rodney Dangerfield line I find apropos:

    "I carry a tune like a concealed weapon."


  7. #111
    VIP Member Array Janq's Avatar
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    I loved that guy. :(

    - R.I.P. Rodney
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  8. #112
    Senior Member Array bigo5552000's Avatar
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    I believe the OP merely wanted to know the legality of the situation. Not the opinions of all the members. I am not against anyone's opinion on this matter just think that if your opinion isn't asked for you shouldn't force it upon everyone. I think if you want to debate this topic create a thread To drink or not to drink while carrying! Just my .02 I don't mean to offend!
    "Any intelligent fool can make things bigger, more complex, and more violent. It takes a touch of genius -- and a lot of courage -- to move in the opposite direction."-Einstein

  9. #113
    Senior Member Array highvoltage's Avatar
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    Quote Originally Posted by bigo5552000 View Post
    I believe the OP merely wanted to know the legality of the situation. Not the opinions of all the members. I am not against anyone's opinion on this matter just think that if your opinion isn't asked for you shouldn't force it upon everyone. I think if you want to debate this topic create a thread To drink or not to drink while carrying! Just my .02 I don't mean to offend!
    I know what you mean, I think I answered his question back on page 1:

    Quote Originally Posted by Nicksta038 View Post
    What about in New Hampshire?

    Quote Originally Posted by highvoltage View Post
    As you can tell by the myriad of responses, it varies from state to state. In NH you can carry where alcohol is served. Not advisable to be drinking while carrying, but not illegal in NH.
    Since then it's turned into a debate on each state's laws and the personal opinions of the members.

    I will admit this is a very opinionated crowd. But that's to be expected given the nature of the subject matter.

  10. #114
    Senior Member Array bigo5552000's Avatar
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    Quote Originally Posted by highvoltage View Post
    I know what you mean, I think I answered his question back on page 1:


    Since then it's turned into a debate on each state's laws and the personal opinions of the members.

    I will admit this is a very opinionated crowd. But that's to be expected given the nature of the subject matter.
    Oh i understand completely! i am opinionated as well and stuck in my ways. I just think we should stick to the question asked!
    "Any intelligent fool can make things bigger, more complex, and more violent. It takes a touch of genius -- and a lot of courage -- to move in the opposite direction."-Einstein

  11. #115
    Member Array skeet732's Avatar
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    R.I.G.L. 11-47-52 says you can't carry or transport while intoxicated or under the influence. My guess is the definition of "under the influence" is subjective and at the LEO's discretion.

  12. #116
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    It is my understanding that Federal Law prohibits the carrying of a firearm in a bar. In Louisiana, you can carry concealed in the restaurant portion of an establishment. Open carry anywhere serving alcohol is prohibited.

  13. #117
    Distinguished Member Array tinkerinWstuff's Avatar
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    Quote Originally Posted by b36rjm View Post
    It is my understanding that Federal Law prohibits the carrying of a firearm in a bar.
    Only if the bar was owned by the Feds.
    "Run for your life from the man who tells you that money is evil. That sentence is the leper's bell of an approaching looter. So long as men live together on earth and need means to deal with one another-their only substitute, if they abandon money, is the muzzle of a gun."

    Who is John Galt?

  14. #118
    Senior Member Array highvoltage's Avatar
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    Quote Originally Posted by b36rjm View Post
    It is my understanding that Federal Law prohibits the carrying of a firearm in a bar....
    Not true, it's controlled differently by each state.

    For example, in NH it is legal to carry in an establishment that serves alcohol.

  15. #119
    Member Array Sig master's Avatar
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    legal or not that is just asking for trouble. I wouldnt do it
    Sig P220R .45ACP
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  16. #120
    Member Array CowboyKen's Avatar
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    Quote Originally Posted by Sig master View Post
    legal or not that is just asking for trouble. I wouldnt do it
    Why not? How is it "asking for trouble"?

    Ken

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