Drinking and CCW-Updated question, see post #40. - Page 4

Drinking and CCW-Updated question, see post #40.

This is a discussion on Drinking and CCW-Updated question, see post #40. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Now can I go have a few beers or when I get in the truck am I still carrying You need to ask that one ...

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Thread: Drinking and CCW-Updated question, see post #40.

  1. #46
    Senior Moderator
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    Now can I go have a few beers or when I get in the truck am I still carrying
    You need to ask that one to the local LEO's as they are the ones that will bust your chops. No responses that you read here will do you one bit of good if it comes to you getting stopped by the police.

    Where I am at, a loaded gun in the vehicle that cant be seen is a concealed weapon, it dosent matter if you can get to it or not.

    And for what its worth, having a few beers and then getting stopped in a traffic stop, can get your permit taken away if the gun is in the truck.

    We have 50 different states and each state has different laws. The laws in your state are the only ones that matter.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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  2. #47
    Senior Member Array Grant48's Avatar
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    Here's how I see it... If you're simply having a beer with dinner, or something of that sort, I dont think its unreasonable to be carrying. But you darn well better not be "tying one on". If you have more than a drink or two, leave the gun at home.

  3. #48
    Member Array kspilot536's Avatar
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    I have my Cannons,RPG,Bazooka,Atom Bombs strapped on and ready to hit the bars!

  4. #49
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    Drink at home end of story.

  5. #50
    Member Array HardCorps79's Avatar
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    While many of the responses here don't directly apply to the question asked by the OP, I still think it's helpful to see what some of the laws are in various locations and what folks' interpretations of them and solutions may be.

    That said, I almost never drink outside of the home. Most of the time if I do, it's at a buddy's house or the bar 2 blocks away- both within walking distance. I do, however, drink at home quite frequently. But when I do, I don't carry it around or put the pistol under my pillow. It stays in the drawer or the safe. If I drink outside of the home, my pistol will be locked in the safe, unloaded. I should be covered by my DD who I believe will be be carrying. (One possible solution for folks to consider).

    As Tiwee said (post #7), in Missouri it is illegal to be "intoxicated" and in the possession of a firearm. Since MO hasn't yet defined "intoxicate", it's pretty much up to the LEO and the Prosecutor. I don't want to be the test case.

    And as Tiwee mentioned, our wonderful AG is trying to make this apply even in our homes.

    OFF-TOPIC: Please, if you are a MO resident, or travel to, or visit Missouri, contact your representatives, senators, the governor and the AG's office to press this issue for clarification and positive change that respects our liberty.

    Can't speak to CA, but in most states, if it's locked and unloaded in the trunk, you should be good as long as you're otherwise legal. If you're DUI, you can bet they'll hang you out to dry. Hope you can get some solid answers and report back.

    Be safe. Be smart. Err on the side of caution. A buzz isn't worth losing your right to self-defense.

    Semper Fi
    -------------------------------
    Updated:
    Sorry for not researching before I posted-
    On 17 Nov 2009, the MO Supreme Court ruled that if the facts of the case are as stated by the prosecution (it was dismissed, so it will have to be re-tried, in my understanding), then the man did violate the law, and that the law is not necessarily unconstitutional, since there was no issue raised of a hypothetical use of the said firearm in self-defense, and it is within the state's powers to place certain limits on the method and manner of possession of a firearm.

    Again- please push this to your legislators for change in the statute. I understand the need for public safety, but with this ruling, we could all go to jail for having a beer and then going to be with a pistol next to us, or a rifle in the closet. This is patently absurd! PRESS THE OBJECTIVE!!!!
    Last edited by HardCorps79; December 31st, 2009 at 11:03 PM. Reason: New info found
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  6. #51
    Member Array HardCorps79's Avatar
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    Here's a link to the thread I posted in the Legislative Issues forum regarding firearms possession while intoxicated:
    http://www.defensivecarry.com/vbulle...ml#post1432539

    (MODS please feel free to delete this if it's against the rules to link to other threads. I believe it's directly related to the subject at hand, but I'll submit to your judgment. Thanks)
    NRA Certified Instructor (6 years)
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  7. #52
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    Remember...the law states.INTOXICATED...in Kansas it's .08 and below..you are OK.
    Drink 4 beers and go home..you are legal.

  8. #53
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    OMG! I feel SO terrible.

    Tonight I went to a little New Years "get together" with about 20 close friends.

    Golly Gee Willikers there were even 2 Police Officers there in the very same room!

    We laughed...reminisced about "days gone by" & told some geat stories.....I (of course) was carrying a firearm and I had 2 sandwiches...a piece of cake....and....and....a beer.

    Yes, Confession Time....I had a beer and then two hours later I actually DROVE HOME!...in a car...AFTER I HAD A BEER!

    Even though it was perfectly 100% legal for me to do so in Pennsylvania...I know that I'm probably going to Hell now when I die...but, I did it anyway.

  9. #54
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    Again we get hung up on the law.

    You are facing a double whammy if you drink and then have to fire your weapon.

    Criminal Court: The prosecutor may go for impaired judgement on your self defense call. "After imbibing in spirits could the defendent actually make a reasonable decision as to whether he was threatened?" This does not require intoxication, which is impaired ability, but whether you were at full faculties to reason when you decided to fire.

    Would also depend on jury makeup. If you have more than one "Temperance Lady" in jury, you lose!

    Civil Court: Impaired judgement card will be played to hilt, count on it. Plaintiff's attorney will front load jury with hard core fundamentalist types (only thing more evil than guns is the Demon Rum!)

    I am not a lawyer but I have served a bunch of jury time. Have seen the civil side of it albeit involving motor vehicles. In cases I saw, defendent was not anywhere near legal intoxication but had one drink during the day. Impaired judgement won the day.

    I do drink (30 years AD in USMC. you do pick up some habits!) but no longer drink when out. If drinking at home I put up HG, but still have HD shotgun in rack. TN Castle law pretty much negates the need for hard decisions if somebody comes through locked door.

    I know there will be lots of replies about not worrying about jury if facing BG. But, jury will reason that you don't really have to go out and drink around BGs.

    In Tennessee at least, if you really want to be "Bubba's *****" in the lock-up, have a few drinks and then shoot somebody would be a pretty sure way to have the experience. If you are going to drink, leave gun home. If you are really concerned about self defense: stay alert (totally sober) and stay away from booze and people drinking booze!
    Retired Marine, Retired School Teacher, Independent voter, Goldwater Conservative.

  10. #55
    VIP Member Array gottabkiddin's Avatar
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    Quote Originally Posted by wjh2657 View Post
    Again we get hung up on the law.

    You are facing a double whammy if you drink and then have to fire your weapon.

    Criminal Court: The prosecutor may go for impaired judgement on your self defense call. "After imbibing in spirits could the defendent actually make a reasonable decision as to whether he was threatened?" This does not require intoxication, which is impaired ability, but whether you were at full faculties to reason when you decided to fire.

    Would also depend on jury makeup. If you have more than one "Temperance Lady" in jury, you lose!

    Civil Court: Impaired judgement card will be played to hilt, count on it. Plaintiff's attorney will front load jury with hard core fundamentalist types (only thing more evil than guns is the Demon Rum!)

    I am not a lawyer but I have served a bunch of jury time. Have seen the civil side of it albeit involving motor vehicles. In cases I saw, defendent was not anywhere near legal intoxication but had one drink during the day. Impaired judgement won the day.

    I do drink (30 years AD in USMC. you do pick up some habits!) but no longer drink when out. If drinking at home I put up HG, but still have HD shotgun in rack. TN Castle law pretty much negates the need for hard decisions if somebody comes through locked door.

    I know there will be lots of replies about not worrying about jury if facing BG. But, jury will reason that you don't really have to go out and drink around BGs.

    In Tennessee at least, if you really want to be "Bubba's *****" in the lock-up, have a few drinks and then shoot somebody would be a pretty sure way to have the experience. If you are going to drink, leave gun home. If you are really concerned about self defense: stay alert (totally sober) and stay away from booze and people drinking booze!
    +1 to the whole thing!

    Way better to be safe then sorry. But then again some have to feel the heat before they realize the flame will burn ya.
    "He that hath no sword, let him sell his garment, and buy one." – Luke 22:36

    "If a law is unjust, a man is not only right to disobey it, he is obligated to do so." – Thomas Jefferson

  11. #56
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    Well, for the number of times in one lifetime that I as a civilian will draw and fire and kill another human being...which averages out (in my area) to about less than Zero - and being as regardless of that near Zero Stat - I still carry a firearm every day...I logically and honestly don't think that denying myself one occasional beer with dinner for the entire remainder of my life...when it is perfectly legal to do so makes very much sense.
    In Pennsylvania the law is that you cannot be BAC level intoxicated while carrying a firearm and it is legal to carry a firearm into all restaurants and even into bars and to enjoy an alcoholic beverage while doing so.

    I should add that I personally do not ever frequent bars and do not ever drink to get intoxicated though I will sometimes have either a (as in one) beer or one mixed drink with a hearty "restaurant meal" at dinnertime.

    That is because I am a mature adult living in a Non-Nanny State that amazingly still believes that mature adults are capable of making Life, Liberty, & Pursuit Of Happiness...responsible, rational, and mature personal life decisions when armed out in public.

  12. #57
    Senior Member Array unloved's Avatar
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    Quote Originally Posted by QKShooter View Post
    Well, for the number of times in one lifetime that I as a civilian will draw and fire and kill another human being...which averages out (in my area) to about less than Zero - and being as regardless of that near Zero Stat - I still carry a firearm every day...I logically and honestly don't think that denying myself one occasional beer with dinner for the entire remainder of my life...when it is perfectly legal to do so makes very much sense.
    In Pennsylvania the law is that you cannot be BAC level intoxicated while carrying a firearm and it is legal to carry a firearm into all restaurants and even into bars and to enjoy an alcoholic beverage while doing so.

    I should add that I personally do not ever frequent bars and do not ever drink to get intoxicated though I will sometimes have either a (as in one) beer or one mixed drink with a hearty "restaurant meal" at dinnertime.

    That is because I am a mature adult living in a Non-Nanny State that amazingly still believes that mature adults are capable of making Life, Liberty, & Pursuit Of Happiness...responsible, rational, and mature personal life decisions when armed out in public.


    One minor correction; there is no law concerning BAC.

    This argument comes up over and over. The fact is, we Pennsylvanians have at least two decades of empirical evidence that suggests the dire predictions and fears of some harm caused by (or befalling) armed citizens consuming alcohol are completely unfounded.

  13. #58
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    Sometimes I am surprised at the miniscule odds of having a forced entry or having to shoot an attacker that people insist is wise to plan for. But then they ignore much greater odds of problems with alcohol and guns and are willing to drink and carry.

    I'm glad that I never had to drink to have a good time.

    Regards,
    Jerry

  14. #59
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    you are not carrying a concealed weapon in your scenario...you are transporting a firearm...

    Traveling with Firearms in California - Bureau of Firearms - California Dept. of Justice - Office of the Attorney General

    and by the way...it is admirable that you ask a question like this...less than admirable that people choose to use the situation as a soapbox to display their virtues on the subject...

  15. #60
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    Quote Originally Posted by RGERBER View Post
    Ok, either I poorly typed the question, or most of you poorly read the question.
    Or there was not enough info in the question.

    Let me try again – if I am going out to party the gun stay’s home – forget that get it out of your mind.

    Now lets say I am driving around all day doing my job carrying my weapon, a friend calls and say’s hey if you are close come by for one. Or let’s say the wife calls and say’s hey we are all meeting at the bowling alley at 5pm – I say ok

    Now I am 10 miles from home at the bowling alley or my friend’s house. I unload my gun and put it in the truck safe and the loaded magazine in the back of the truck (with lid)

    Now can I go have a few beers or when I get in the truck am I still carrying
    The legal question is "are you considered in possession of a firearm while consuming alcohol - even though the firearm is not on your person, but rather in your vehicle that you own and are operating?" This will vary from state to state. An excellent question for a lawyer in your state.

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