procedure if drinking occurs

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I stand corrected and you're correct on that point, but let me rephrase then. Only a few states allow open carry in the same capacity as NC (no permit, in vehicles, and what have you). In any event, that's tangential to the point I was making though about how the OP could handle the situation in NC, where concealed carry is disallowed with any amount of alcohol in your system.

Edit: And for what it's worth, I did learn something from your post and from digging into it a bit more. ;)
 
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Bozwell said:
In any event, that's tangential to the point I was making though about how the OP could handle the situation in NC, where concealed carry is disallowed with any amount of alcohol in your system.

Fair enough! :D
 
I keep a cheap pistol case in my car for such occasions. They can be found for under $10 quite easily. Laws are different here in MN, but cased, unloaded, and in the trunk should keep you out of trouble.

The laws are pretty reasonable here, but carrying a pistol while legally drunk will get you a free squad car ride.

One more reason to practice moderation in public places.
 
Deltaboy said:
Reread what I posted Brother Sam1911, I stated what I was taught by my Dad and from the NRA.

It really doesn't matter who taught it to you, Sam1911 is trying to keep this thread focused on what the statutes say is legal or not legal, not what your Dad or the NRA says is smart or not smart.
 
Sorry if it offends you, but the OP specifically asked for what is LEGAL or ILLEGAL, not what you feel about it, or even what you Dad, or the NRA taught you.

I'm not going to delete your posts (for now) -- but let's drop this side-issue.
 
Ummmm..... 42 states currently allow open carry. Not exactly a few.

The only states that don't are:
DC
NY
IL
SC
TX
OK
AR
FL
Curious as to where this statistic came from. I haven't seen any definitive answer for Louisiana, for example. I wonder if this proposition builds in some assumptions?
 
We have an interesting situation in Washington state. It's not illegal to carry a firearm while intoxicated. But there are a few RCW's that muddle the situation:

RCW 9.41.270
Weapons apparently capable of producing bodily harm — Unlawful carrying or handling — Penalty — Exceptions.

(1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

So, depending on the totality of circumstances, a person may be guilty of the above for carrying while intoxicated, IF they do something with their gun that warrants alarm. Being intoxicated would certainly add to the elements required for conviction.

and

RCW 9.41.098
Forfeiture of firearms — Disposition — Confiscation.

(1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:

(e) In the possession of a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in chapter 46.61 RCW;

So, the way 9.41.098 would play out is if a person is arrested for DUI, and they have a loaded handgun in the vehicle, they could be ordered to forfeit that firearm. However, walking down the street open carrying does not require a CPL, so forfeiture could not be ordered in that case.
 
Derry 1946 said:
Curious as to where this statistic came from. I haven't seen any definitive answer for Louisiana, for example. I wonder if this proposition builds in some assumptions?

A person can open carry in Louisiana with no license or permit required, except in a few localities with old, grandfathered laws on the books.

http://www.opencarry.org/opencarry.html
http://www.opencarry.org/la.html

Summary
Louisiana is a traditional open carry state. They have complete state preemption of firearms laws with the exception that laws in place prior to the passage of preemption are allowed to remain in place.

http://laopencarry.freeforums.org/how-do-i-know-open-carry-is-legal-in-louisiana-t73.html

Attorney General Opinion No. 79-1212 - The AG replies to a Ms. Irene W. Pressley of the Westlake, LA Police Department, answering her question of "1. Are there any laws prescribing when it is legal to carry a gun?" The AG answers, "It is the conclusion of this office that it is legal to carry a gun when it is exposed on one's person. The LOUISIANA Supreme Court has affirmed this conclusion. State v. Fluker, 311 So.2d 863 (1975). However, the legality of carrying even an exposed gun is subject to certain limitations of law." and "Therefore, it is the opinion of this office that a gun may be carried legally if it is in open view;..."
 
AFAIK...

In CA... it's not aganist the law to drink while carrying. But, it is grounds to have your CA CCW permit revoked.

In NV... it's illegal to drink and carry, if your BAC is greater than 0.10.

In UT... it's illegal to drink and carry, if your BAC is greater than 0.08.

In AZ... it's illegal to drink and carry.
 
Originally Posted by NavyLCDR
Ummmm..... 42 states currently allow open carry. Not exactly a few.

The only states that don't are:
DC
NY
IL
SC
TX
OK
AR
FL


California banned open carry in 1967 with the Mulford Act in all incorporated areas of California, and most others places.
Ronald Reagan signed it into law.

In more recent times some have applied the name "open carry" to a more modern phenomenon. However this is not open carry, which has been understood as the carrying of a loaded firearm in the country wherever practiced. Rather it is because the law to allow for transportation of firearms never outlawed possession of an unloaded gun in public, otherwise even taking it from the trunk of your car in to your home unloaded would be a crime as it is in public (as defined by law). But rather the law outlawed possession of a loaded gun so that members of the public could not walk around with guns for self-defense and similar purposes.
1967 was also one year before the GCA, the start of federal prohibited persons, so in 1967 felons who had spent time in prison could also walk around armed, protest while armed, and otherwise rejoin armed society.
Which would have included a number of the activist members of the Black Panthers, the primary group that allowed support of an unConstitutional ban of the open carrying of firearms to build.
Police found it annoying when these activists would often listen on police scanners and show up armed anytime the police stopped a black man. The panthers had a policy where they would then explain to the black man being questioned or arrested by police their rights from at least 10 feet away, while visibly armed (and so intentionally deterring the police from any action that might incite a response) which was a cause of great intimidation to officers. The panthers were generally quite professional during this role, knowing how to stay within the law and not interfering unlawfully, which of course infuriated the officers and public even more that they could get away with legally being so intimidating.
Some officers disliked this so much that they responded in a manner that would incite a response such as trying to disarm them, attacking them, drawing on them, shooting them, etc, and some shootouts and armed standoffs and resulting ambushes of responding officers occurred on a few occasions.

Governments already like a monopoly on force, but this was just too much, and resulted in a bill to ban open carry.
To protest the bill the Black Panthers then showed up well armed to the Capitol, a bunch of black men (when the country was still more racist) in militant uniforms, carrying rifles, who espoused a socialist doctrine. The intimidation felt by the legislatures insured they passed a law making the action that intimidated them illegal. That being the carry of loaded firearms in public.
They also made it a crime to protest with firearms (even police must remove their firearms before protesting.)
Reagan after running away when he spotted the militant group of armed black men at the capitol promptly signed the legislation into law when it came across his desk.

So open carry is not really legal in California either.
 
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NAVY ~ You are a useful pool of information! :)
ZOOG ~ I agree protesting while armed could be bad. We as citizens are allowed "peaceful" protest, an armed mob might give the wrong impression.

I've revealed my CC to my friends on few occasions. Most recently, was when we went out for dinner/drinks and I insisted on sitting in the resteraunt side and not the bar side.

As a responsible citizen, I do not get DRUNK while carrying. Having a drink with dinner should not void my right to safety. When I do want to get drunk, I'll leave my weapon in the truck. I am not as focused on my situational awareness when I am drunk, I am aware that I am not in a condition to be armed. Being a free American means being responsible for your own actions, sober or not.
 
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In Missouri, according to my CCW permit instructor it's Zero Tolerance. :eek: As it should be BTW.
Best,
Rob

I actually disagree with that. The reason I do is that the FAA has a regulation against flying while intoxicated, but you can still have alcohol in your system up to 0.04%. (Time since last drink matters, but simply having small amounts of alcohol in your system is not disqualifying.)

I don't know about you, but one or two glasses of wine or a beer or two with a meal isn't going to affect my judgment a whit. One of the problems I've read about recently is couples being attacked by bat wielding men at night, after the couples have left restaurants (and bars, admittedly). Would I be in a bar, drinking while carrying? Nope...emphasis on the drinking part. I have been in bars while carrying, though.
 
^ However,, if you're a mechanic, and a plane you worked on goes doown, for 8 hours after your shift you better not have any alcohol in your system.
 
In Michigan the limit is 0.02....thats like taking cough syrup with alcohol in it. If you are between 0.02 and under 0.08 you must separate gun and ammo locked up.
I am not a lawyer nor play one on TV.
 
I am pretty much zero tolerance on myself when it comes to booze and guns. If I am going out for a meal where I know I am going to drink the gun stays at home. One of the reasons I rarely drink out, as to your earlier scenario make sure you wife has her CCW then its not an issue if the gun is in the car and thus under her control.
 
Well IMO it is a violation of safe gun rules.

Guns and Booze don't mix at home, range, or out on the town.

well delta boy its obvious that you have never had any fun, just kidding haha. Anyway i want to thank you guys for the input, it makes sense now, appreciate it. Sometimes the law can be very ambigous.
 
Well then, let's call this answered -- as best as we can -- for the time being, lest what is lawful get lost in another round of the drinkin'-and-carryin' debate.
 
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