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 Nicksta038 Just wondering if your spending a night out on the town having a few drinks are you still allowed to carry? ...

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Thread: Can You Carry While Drinking At A Bar?

  1. #121
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    Quote Originally Posted by Nicksta038 View Post
    Just wondering if your spending a night out on the town having a few drinks are you still allowed to carry?
    Missouri Revised Statute Chapter 57 section 571.107

    (7) Any establishment licensed to dispense intoxicating liquor or nonintoxicating beer for consumption on the premises, which portion is primarily devoted to that purpose, without the consent of the owner or manager. The provisions of this subdivision shall not apply to the licensee of said establishment. The provisions of this subdivision shall not apply to any bona fide restaurant open to the general public having dining facilities for not less than fifty persons and that receives at least fifty-one percent of its gross annual income from the dining facilities by the sale of food. This subdivision does not prohibit the possession of a firearm in a vehicle on the premises of the establishment and shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. Nothing in this subdivision authorizes any individual who has been issued a concealed carry endorsement to possess any firearm while intoxicated;
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  3. #122
    Ex Member Array LaCCW's Avatar
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    To expand a bit on the earlier Louisiana law pertaining to CCW and places where alcohol are served. Restaraunts with a Class AR permit to serve alcohol aren't prohibitive to CCL holders (those with less than 51% of their revenue generated by alcohol sales). I'm wondering do they post this info in plain view so one would know whether or not to disarm before entering? I think I may pose some questions regarding this to the D.A.s office here and get their take on the subject. They would be the ones prosecuting any infractions anyway.

  4. #123
    Member Array error4o4's Avatar
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    It's legal here in Kansas, until you reach a BAC of .08. Then, you are legally to impaired to carry a firearm, operate a vehicle, etc.
    ________________

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  5. #124
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    I would hate to be in a self-defense shooting with alcohol in my system and have to explain it in a court room. Clean shoot or not I just donít think it wouldnít look good. Donít get me wrong. I'll have a beer and run the grill every now and then. I kind of see it like drinking and driving. If I drink I donít drive OR carry. Good luck.
    CCW: Never get killed for lack of shooting back!

  6. #125
    VIP Member Array dukalmighty's Avatar
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    I believe there would be a huge difference in how a jury perceives a shooting as in your drinking in your home and somebody breaks in etc.or your in a bar a fight breaks out and escalates to the point you have to shoot to defend yourself.there will be several different storys about what happened and if you are impaired by alcohol it could go against you in the fact they may think your judgment was impaired enough that the shooting was not justifiable self defense.
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  7. #126
    Distinguished Member Array tinkerinWstuff's Avatar
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    Quote Originally Posted by 2gunken View Post
    I would hate to be in a self-defense shooting with alcohol in my system and have to explain it in a court room. Clean shoot or not I just donít think it wouldnít look good. Donít get me wrong. I'll have a beer and run the grill every now and then. I kind of see it like drinking and driving. If I drink I donít drive OR carry. Good luck.


    Quote Originally Posted by dukalmighty View Post
    I believe there would be a huge difference in how a jury perceives a shooting as in your drinking in your home and somebody breaks in etc.or your in a bar a fight breaks out and escalates to the point you have to shoot to defend yourself.there will be several different storys about what happened and if you are impaired by alcohol it could go against you in the fact they may think your judgment was impaired enough that the shooting was not justifiable self defense.
    "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?

  8. #127
    VIP Member Array Tom G's Avatar
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    I wouldn't want to drink more then one or two and with food even if it were ok.

  9. #128
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    Quote Originally Posted by dukalmighty View Post
    I believe there would be a huge difference in how a jury perceives a shooting as in your drinking in your home and somebody breaks in etc.or your in a bar a fight breaks out and escalates to the point you have to shoot to defend yourself.there will be several different storys about what happened and if you are impaired by alcohol it could go against you in the fact they may think your judgment was impaired enough that the shooting was not justifiable self defense.
    Once more (at least) I will call BS on this. Can you, or anyone, cite a case where this was true? I've looked and I couldn't find any but I could find at least a couple where it didn't matter.

    IMO this is just an urban myth. A good shoot is a good shoot and if you shoot when you shouldn't you most likely will pay the price.

    Ken

  10. #129
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    Quote Originally Posted by tinkerinWstuff;

    tinkerinWstuff, I would appreciate it if you wouldn't beat on my horse .

    Ken

  11. #130
    Senior Member Array highvoltage's Avatar
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    Quote Originally Posted by CowboyKen View Post
    tinkerinWstuff, I would appreciate it if you wouldn't beat on my horse ....
    Yeah, but yours isn't dead (at least in the picture it looks good!)

  12. #131
    Distinguished Member Array JerryM's Avatar
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    Quote Originally Posted by CowboyKen View Post
    Once more (at least) I will call BS on this. Can you, or anyone, cite a case where this was true? I've looked and I couldn't find any but I could find at least a couple where it didn't matter.

    IMO this is just an urban myth. A good shoot is a good shoot and if you shoot when you shouldn't you most likely will pay the price.

    Ken
    I side with the duk on this. I do not have case law to reference, but I do know how many think. I personally do not drink, but came from a family of alcoholics.
    Whether it is correct or not if I were on a jury I would look with askance on one who had been drinking. I also am about as sure as one can be that most folks I know would do the same.

    I agree that it could be so clear that the shooting was justified that I would not have a doubt, but when it is one person's word against another the fact that the shooter had been drinking would come into play. To drink while carrying makes about the same sense as drinking and driving.

    All can disagree with me, but that is the way I see it. So if I happen to be on your jury you had better have a shoot so clear that no one can possibly have any doubts as to the law and actions of all concerned. If you have been drinking you already have 2 strikes against you even if the law does not prohibit it. In a civil case you would be at a greater disadvantage in my view.

    Regards,
    Jerry

  13. #132
    Member Array CowboyKen's Avatar
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    Quote Originally Posted by JerryM View Post
    All can disagree with me, but that is the way I see it. So if I happen to be on your jury you had better have a shoot so clear that no one can possibly have any doubts as to the law and actions of all concerned. If you have been drinking you already have 2 strikes against you even if the law does not prohibit it. In a civil case you would be at a greater disadvantage in my view.

    Regards,
    Jerry
    Not that I think it would get to a jury (experience shows that such cases do not even go to a grand jury), but if I go out to diner with my wife and we have some wine I should not have the means to protect her from harm?

    Truth is, that because of your experience with your "family of alcoholics," you are an abolishonist who does not want anyone to enjoy any adult beverages. We could have a discussion about that, but it doesn't have anything to do with firearms or defending oneself against scum IMHO.

    Ken

    p.s.; If you were honest during jury selection, you would not be seated on any jury involved in such a case because of your clear prejudice.

  14. #133
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    Hi Ken,

    {Truth is, that because of your experience with your "family of alcoholics," you are an abolishonist who does not want anyone to enjoy any adult beverages. We could have a discussion about that, but it doesn't have anything to do with firearms or defending oneself against scum IMHO.}

    That is an erroneous conclusion. I do know a few folks who have a drink in the evening and I have no problem with them doing that.

    However, I have seen too many people ruined, and know of some killed due to their drinking. I learned many years ago that drinking and driving do not mix, and that gunpowder and alcohol do not mix.

    The person least likely to know his condition is the person drinking.

    As it turns out I have been on jury duty several times. One case involved alcohol and I provided a complete answer of my views. I was selected to my own surprise.

    But while I might not be on the jury I do know how enough people think to know beyond a shadow of a doubt that if one were drinking, got into an altercation of whatever kind, and shot someone he would have two strikes against him.
    Its kinda strange that some do not mind saying that one should ignore the enormous odds of never needing a weapon for self defense, and then ignore the odds of getting convicted as a result of drinking and shooting.

    I don't need chapter and verse to know human nature and that a good percentage of people would hold that against the shooter, even though they might drink themselves.

    It does not have anything to do with being able to defend yourself, it has to do with drinking and carrying or drinking and shooting. My own approach would be to jail and take the car of anyone driving under the influence.

    But what you do is between you and the law if it gets to that, so do as you will. It won't cost me a red cent.
    Obviously people here take both views. It would be interesting to know the ages of both sides, but of course that won't be done.

    Maybe a poll that showed the ages and views, yes or no, might be interesting, but I won't take the time.

    PS
    Does the term "adult beverages" mean the parallel of adult movies?
    Maybe you would be surprised at the minors who drink.

    So much for this subject.

    Regards,
    Jerry

  15. #134
    Distinguished Member Array tinkerinWstuff's Avatar
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    Quote Originally Posted by CowboyKen View Post
    tinkerinWstuff, I would appreciate it if you wouldn't beat on my horse .

    Ken
    Sorry, I'm into paints myself.

    I guess the OP didn't realize he should have made this a poll. Unless I'm mistaken, the question was whether having a drink was furboten. But instead we have 14 pages where the majority of the posts are people piling on with their opinions.
    "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?

  16. #135
    Distinguished Member Array tinkerinWstuff's Avatar
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    Quote Originally Posted by JerryM View Post
    I agree that it could be so clear that the shooting was justified that I would not have a doubt, but when it is one person's word against another the fact that the shooter had been drinking would come into play. To drink while carrying makes about the same sense as drinking and driving.
    Uhm, BS sir. Carrying does not mean the same as using. Drinking at the range = stupid. Drinking too many and driving = stupid. Having a drink or two with a gun that is concealed and doesn't leave it's holster is not the same as OPERATING a vehicle or OPERATING a gun. It's there for an emergency.

    All can disagree with me, but that is the way I see it. So if I happen to be on your jury you had better have a shoot so clear that no one can possibly have any doubts as to the law and actions of all concerned. If you have been drinking you already have 2 strikes against you even if the law does not prohibit it. In a civil case you would be at a greater disadvantage in my view.

    Regards,
    Jerry
    Ever heard of reasonable doubt? So you say that if a person has had the evil liquid touch thy lips regardless of quantity, you will have no room in your mind for reasonable doubt?

    Heard of jury selection? One of the attornys will make sure you aren't on the jury with those beliefs.

    Once again, I say:

    stop already with the
    "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?

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