Open Carry and public alcohol consumption

Open Carry and public alcohol consumption

This is a discussion on Open Carry and public alcohol consumption within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; So, was talking with my son this afternoon. He manages a craft beer and wine store. They serve alcohol by the glass on premises. Its ...

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    VIP Member Array scottync's Avatar
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    Open Carry and public alcohol consumption

    So, was talking with my son this afternoon. He manages a craft beer and wine store. They serve alcohol by the glass on premises. Its a family place; people often bring their kids or dogs. 1/4 of the establishment is a bookshop. My son doesn't have his carry permit yet. He turned 22 yesterday.

    While visiting, a cop came came in to buy some craft brew. Nice guy, we chatted a few minutes. The cop was in uniform. He bought his beer and left. The local police station is 2 blocks from the place. Even the chief of police comes in from time to time.

    After the cop left, my son said that he's had two open carriers come in to his store recently. Both wanted to have a beer on tap while carrying. My son asked me for advice.

    My first thought was to post a sign that "we support 2A, but will not serve alcohol to gun carriers to drink on premises". I also suggested that he ask one of the local cops for advice as well.

    From the research I've done, the issue is murky. I only open carry on my property. I know next to zilch on open carry laws, but my son needs to protect himself, his employees and establishment. What say you? Does your state have specific open carry laws that address the issue?

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    VIP Member Array Havok's Avatar
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    I donít drink at all when Iím carrying, but I believe the only wording in the law here is that you canít be intoxicated while carrying.
    We get the government we deserve.

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    It's a no-go in Ohio:

    https://www.sorokalegal.com/blog/201...-to-know.shtml

    "It's illegal to drink while open carrying. Even if you're not intoxicated, it is illegal to have a gun while drinking or under the influence".
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    VIP Member Array LimaCharlie's Avatar
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    It all depends on state law. There are no specific ties of Oregon Constitutional open carry laws or Oregon Concealed Handgun License laws to alcohol consumption here in Oregon. A responsible person knows their limits. If you have alcohol in your system and have to use your gun, they will likely try to use it against you in criminal court or especially in civil court. I limit myself to one beer or one glass of wine usually with a meal when carrying in public.
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    VIP Member Array OldChap's Avatar
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    @scottync My apologies, but I guess I'm a little confused as to how the laws of the other 49 states are going to hold up in court in NC. Sounds like you might be better served by a well-versed practicing attorney in your state.
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    Member Array CDRJed's Avatar
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    Hope this helps:
    You may not carry a weapon into establishments where alcoholic beverages are sold. This does not apply to owners of such an establishment, when in their own establishment; or people participating in an event, when the weapon is carried with the permission of the establishmentís owner or the organizer of the event. (N.C. Gen. Stat. Ann. ß 14-269.3.)

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    VIP Member Array scottync's Avatar
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    Quote Originally Posted by OldChap View Post
    @scottync My apologies, but I guess I'm a little confused as to how the laws of the other 49 states are going to hold up in court in NC. Sounds like you might be better served by a well-versed practicing attorney in your state.
    I agree. Just posting this for discussion and thought. Also curious as to the opinion of local police and how they will advise my son. He hast several attorneys that are regulars. No limit on opinions I guess. The owner and his partners will make the final call.
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    Senior Member Array SFury's Avatar
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    You need to look up the local laws. Each state has different rules. I can go into establishments carrying, but I cannot legally drink alcohol while armed. That's Wisconsin.
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    In FL you can drink while carrying concealed but cannot open carry except under limited circumstances (hunting, fishing, camping). It would, however, be a violation to have the gun "in hand" except for legitimate SD purposes. I, personally, don't carry if drinking.
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    @scottync , You need to check NC law. In PA it is legl to serve a peson with a gun with the usual proviso that serving an intoxicated person is a liblity. Each state has its own laws. Call the office of the attorney general and ask what the law is.
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    Member Array gnius's Avatar
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    It is absolutely against the law to carry a firearm while having any intoxicating substance in the bloodstream.
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    If I understand, the LEO walked in, bought you sons Beer, didnt consume & left. No problem.
    Someone carrying open or concealed and drinking no. Tell him to consult his Attn.
    But it is pretty obvious.
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    I can find reference to concealed carry while imbibing but have found nothing about open carry.

    (c2)It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in the person's body any alcohol or in the person's blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person's blood was lawfully obtained and taken intherapeutically appropriate amounts or if the person is on the person's own property.
    https://www.ncleg.gov/EnactedLegisla..._14-415.11.pdf
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    VIP Member Array jmf552's Avatar
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    In VA, you can CC where alcohol is served, but you cannot consume. This does not apply to LEOs, because I guess they can be trusted drinking and CC'ing.

    There is no such restriction on OC. However, you cannot be in possession of a firearm while intoxicated, but it does specify a blood alcohol content that constitutes "intoxicated" like it does for drivers.

    What some people here will do is CC into a restaurant, sit down and pull back their concealment garment so they are OC'ing and have a glass of wine with dinner, and they re-conceal as they leave. Typical stupid law.
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    VIP Member Array scottync's Avatar
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    Quote Originally Posted by Instymp View Post
    If I understand, the LEO walked in, bought you sons Beer, didnt consume & left. No problem.
    Someone carrying open or concealed and drinking no. Tell him to consult his Attn.
    But it is pretty obvious.
    Yup, no problem with the cops. They don't drink while on duty. Just added that part for background. Local police that I have met are good guys.
    Instymp likes this.

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