Quick question about Alabama and alcohol...

Quick question about Alabama and alcohol...

This is a discussion on Quick question about Alabama and alcohol... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Okay, I just have a quick question regarding Alabama's laws on consuming alcohol while carrying. I have looked and looked, but failed to find anything ...

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Thread: Quick question about Alabama and alcohol...

  1. #1
    Senior Member Array BamaSteve's Avatar
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    Quick question about Alabama and alcohol...

    Okay, I just have a quick question regarding Alabama's laws on consuming alcohol while carrying. I have looked and looked, but failed to find anything prohibiting this.

    Now I am not asking about whether it is a good idea or not, that is a discussion for somewhere else, so please don't turn it into that. In fact it would be great if a mod would delete any posts that are like that, because I know how threads get when that topic starts up

    I ask because I am going to hang out with some old friends that are having some sort of get together, not sure I'd call it a party. I of course will be carrying, but I might also like to have a beer or two at the most. I am not asking if I can be drunk with a gun, because I realize that is not the best of ideas, but want to know how the law views even one drink. Thanks in advance for all the helpful advice!!!
    Smith & Wesson M&P9cCrossbreed Supertuck
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    Member Array fox2102's Avatar
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    As far as what I've read I haven't found anything on it either. You may want to contact the sheriffs department and ask though. I personally think you'd be ok as long as you were not intoxicated

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    New Member Array argy1182's Avatar
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    From what I've read, the law seems to coincide with the blood alcohol content restrictions on driving a car. I am not certain of this, so please do not take my word for it. It does make sense though.

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    Member Array nlghthawk's Avatar
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    ask yourself this question...what would a jury think if a prosecuter made the argument that u shot someone after you had been drinking....it would be a disadvantage to u if it ever came down to a use of deadly force trial.

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    Senior Member Array BamaSteve's Avatar
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    Quote Originally Posted by nlghthawk View Post
    ask yourself this question...what would a jury think if a prosecuter made the argument that u shot someone after you had been drinking....it would be a disadvantage to u if it ever came down to a use of deadly force trial.
    I'm not trying to be rude or anything, but this is exactly what I didn't want. I've seen enough of this type of discussion and I am aware of the issues. I am currently only concerned with the law at this point.
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    A search of handgunlaw.us does not show any prohibition for drinking while carrying. That being said no website is going to have all the answers. If you have the time before this get together is going to take place, I'd check with the local DA.

  7. #7
    Senior Member Array BamaSteve's Avatar
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    I've searched all the code, but perhaps I'll just forgo carrying tonight and work on finding out for future reference.
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    Distinguished Member Array ArmyCop's Avatar
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    No alcohol for me at all - ever. That way I know I'll have no issues with it being used against me in any way.

    Presently working as a Campus Police Officer for a medical center - I see plenty reason's in ER and other parts of the hospital to NOT drink. (or smoke either)
    For God, Family and Country!

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    HKR
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    Quote Originally Posted by BamaSteve View Post
    I've searched all the code, but perhaps I'll just forgo carrying tonight and work on finding out for future reference.
    Sounds like a good decision. While there may not be anything regulating it in the carry law section, there may be something tucked away somewhere else that would allow you to be prosecuted for it.

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    Member Array CowboyKen's Avatar
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    Maybe it is time to pay a lawyer for legal advice. Opinions that you get for free, on the internet, may be worth what you paid for them.

    IANAL

    Ken

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    Member Array auburn4's Avatar
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    I know Randy drinks, but I don't know about the rest of the band.!!!!

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    Member Array Randy McElroy's Avatar
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    Quote Originally Posted by BamaSteve View Post
    I'm not trying to be rude or anything, but this is exactly what I didn't want. I've seen enough of this type of discussion and I am aware of the issues. I am currently only concerned with the law at this point.
    By the letter of the law, you'd probably be ok. This is only my best guess. But I don't see how you can totally dismiss nighthawks point. My opinion on drinking is a persons decision making starts deteriorating from the first drink, not after a particular state decides what is the legal limit.

    In Missouri I don't think you are even allowed to be in a bar, drinking or not. Restaurants that serve and something about the percentage of alcohol blaw blaw blaw, are exempt. Those issues don't worry me too much. I gave up drinking a long time ago.

    One other point, if I was hanging out with some friends and discovered one was carrying and drinking, I believe I would leave. But that's me. Alcohol was never my friend.

    Randy

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    Senior Member Array BamaSteve's Avatar
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    Quote Originally Posted by Randy McElroy View Post
    By the letter of the law, you'd probably be ok. This is only my best guess. But I don't see how you can totally dismiss nighthawks point. My opinion on drinking is a persons decision making starts deteriorating from the first drink, not after a particular state decides what is the legal limit.

    In Missouri I don't think you are even allowed to be in a bar, drinking or not. Restaurants that serve and something about the percentage of alcohol blaw blaw blaw, are exempt. Those issues don't worry me too much. I gave up drinking a long time ago.

    One other point, if I was hanging out with some friends and discovered one was carrying and drinking, I believe I would leave. But that's me. Alcohol was never my friend.

    Randy
    I wasn't saying I didn't want to consider the issue, I just didn't want this to be another thread arguing this position, those don't get anywhere.
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    Distinguished Member Array Pro2A's Avatar
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    Quote Originally Posted by BamaSteve View Post
    Okay, I just have a quick question regarding Alabama's laws on consuming alcohol while carrying. I have looked and looked, but failed to find anything prohibiting this.

    Now I am not asking about whether it is a good idea or not, that is a discussion for somewhere else, so please don't turn it into that. In fact it would be great if a mod would delete any posts that are like that, because I know how threads get when that topic starts up

    I ask because I am going to hang out with some old friends that are having some sort of get together, not sure I'd call it a party. I of course will be carrying, but I might also like to have a beer or two at the most. I am not asking if I can be drunk with a gun, because I realize that is not the best of ideas, but want to know how the law views even one drink. Thanks in advance for all the helpful advice!!!
    My thought has always been "If there is no law against it, it's default legal"... just like open carry.

  15. #15
    Member Array JimH58's Avatar
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    Personally I don't think its a good idea and I don't think people should offer up advise on this. Its somewhat similar to wether or not its OK to drink and drive. You could tell someone that its OK to drink and drive as long as you are not intoxicated and below the legal limit. But, can you be ever sure you are below the legal limit or not? We don't know you and we don't know what your tolerance is. We don't know your level of responsibility. There is a guy I now who thiks he can drink and drive all the time. He left his house about a month ago after drinking thought he was just fine and went out ran off the road, smashed a fire hydrant, got cited, and is now has a DUI on his record.
    JimH
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