I was just kinda wondering the laws pertaining to alcohol while carrying. personally, I would never carry if im even thinking I might have a drink, but I was wondering if there is a zero tolerance policy when it comes down to it or is it similar to operating a motor vehicle under the influence? As I am about to turn 21 on Christmas eve, and fully intend on getting a CCW right away, my anti mother, who seems to think guns have a mind of their own, is very concerned about me getting one. She seems to think every argument I find myself in will end up in a gun fight!
alcohol and CCW
- Thread starter ellswj
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almost every state makes it illegal to carry a firearm while under the influence of drugs or alcohol... most do not specify a limit, so it is assumed that ANY amount is too much
and if you do happen to have to defend yourself on a night of drinking... you are better off running away than you are to shoot... even if you are justified in the shooting you are gonna need some really big boots for all the S**t you just stepped in
and if you do happen to have to defend yourself on a night of drinking... you are better off running away than you are to shoot... even if you are justified in the shooting you are gonna need some really big boots for all the S**t you just stepped in
Ed Ames
Member
Assuming you are in the USA there are about 3690 laws relating to alcohol and firearms, any number of which may apply to you depending on where you are standing, what you are driving, and about 100 other factors.
It's a complicated world.
It's a complicated world.
Jorg Nysgerrig
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Let me sum up the thread:
"You should never drink with gun! Guns and alcohol don't mix!"
"Sure, you can have a glass of wine with dinner. Just be mindful of what you drink."
"HOW CAN YOU HAVE A GLASS OF WINE? ARE YOU A DRUNK?"
"I don't drink, I like to be in control of the situation."
"A beer isn't going to hurt, but I usually lock mine up if I do."
"We should outlaw alcohol, for the children."
"I don't carry if I know I'm going to drink."
"I think Alcohol, Tobacco, and Firearms should be a convenience store."
"I never touch the stuff and you shouldn't either!"
"You should never drink with gun! Guns and alcohol don't mix!"
"Sure, you can have a glass of wine with dinner. Just be mindful of what you drink."
"HOW CAN YOU HAVE A GLASS OF WINE? ARE YOU A DRUNK?"
"I don't drink, I like to be in control of the situation."
"A beer isn't going to hurt, but I usually lock mine up if I do."
"We should outlaw alcohol, for the children."
"I don't carry if I know I'm going to drink."
"I think Alcohol, Tobacco, and Firearms should be a convenience store."
"I never touch the stuff and you shouldn't either!"
Jacka L Ope
Member
Quite frankly, it's none of her damned business.
Second, while it's a good practice not to drink and drive, the same axiom applies to firearms and alcohol - they don't mix well.
Gordon
Member
In Arizona you cannot go into a bar with your CCW, and any consumption while packing is verbotten.
Now lucky California CCW holders can go in where drinks are served (unless 'otherwise restricted' ??) but once again any consumption is a no-no.
I also have an Oregon permit, but am not quite sure of the details so I don't do either there.
Now lucky California CCW holders can go in where drinks are served (unless 'otherwise restricted' ??) but once again any consumption is a no-no.
I also have an Oregon permit, but am not quite sure of the details so I don't do either there.
Elza
Member
You are mixing common sense and those that apply the law. Rarely the twain shall meet.
While I agree with you in principle (and I don’t drink at all) there will always be some horses a$$ of a prosecutor that will use ANYTHING against a gun owner. Even a trace of blood alcohol could be used to muddy the waters.
Cosmoline
Member
I'm not sure what you were trying to get at. You are ALWAYS better off running away if you can safely do so. But you are not better off shot to death because you've had a drink.
The facts and circumstances are always in play, and whether or not you have had a drink may be a factor to be considered. But having a drink does not mean you've lost the right to defend your life. It may mean you're not going to be in an ideal position to judge if your life is threatened, or it may be that the threat is so clear even a drunk can see it.
I'm aware of some CCW statutes that prohibit IMPAIRMENT from ANY source while carrying, and most prohibit carrying in a bar. But can anyone cite a code provision making it illegal to have any alcohol at all?
ZeroJunk
Member
In NC you cannot carry a concealed weapon with any alcohol in your blood period.
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Kevin108
Member
Depends on where you live but almost universally concealed carry is illegal.
Here in VA OC is legal up until the limit of legal intoxication, .08 BAC.
All in all, it's stupid even if it is legal. If you're going to have a beer, just take your OC.
Here in VA OC is legal up until the limit of legal intoxication, .08 BAC.
All in all, it's stupid even if it is legal. If you're going to have a beer, just take your OC.
Thernlund
Member
True on going into bar, but I don't think so I consumption. You can be smashed out of your mind with a pistol on your hip. Nothing in the law forbids that. There is however a whole host of laws that will nail you should the pistol leave your hip while you're drunk.
In that light, the gun you have on you becomes legally useless. But you can pack it while three sheets all day everyday.From the AZ DPS website...
I suppose I better give the obligitory drink responsibly, booze and guns don't mix, I don't advocate carrying while drinking, blah, blah.
But you all don't fool me. You knew that. -T.
Ringer
Member
Here is (some of) what the Michigan State Police have to say about it:
Michigan State Police - Carrying Under the Influence
An individual carrying a concealed pistol with any BAC is subject to immediate seizure of their pistol and the following penalties:
BAC of .02 - .07 = State civil infraction, $100 fine, and up to 1-year CCW license revocation.
BAC of .08 - .09 = 93-day misdemeanor, $100 fine, and up to 3-year CCW license revocation.
BAC of .10 or more = 93-day misdemeanor, $100 fine, and permanent CCW license revocation
Click the link for more details.
Michigan State Police - Carrying Under the Influence
An individual carrying a concealed pistol with any BAC is subject to immediate seizure of their pistol and the following penalties:
BAC of .02 - .07 = State civil infraction, $100 fine, and up to 1-year CCW license revocation.
BAC of .08 - .09 = 93-day misdemeanor, $100 fine, and up to 3-year CCW license revocation.
BAC of .10 or more = 93-day misdemeanor, $100 fine, and permanent CCW license revocation
Click the link for more details.
Supplementing Kevin's comment about VA...
Concealed carry is not allowed in any place that serves alcohol, so..
to remain legal when carrying concealed, to enter a bar or restaurant that serves alcohol, you have to change to open carry. Because open carry IS legal in there!
I've had my permit less than a year. This rule STILL confuses me.
Oh, wait, open carry is NOT allowed in the state capitol builiding, but permitted concealed carry is. I guess this balances it all out.
craig
Concealed carry is not allowed in any place that serves alcohol, so..
to remain legal when carrying concealed, to enter a bar or restaurant that serves alcohol, you have to change to open carry. Because open carry IS legal in there!
I've had my permit less than a year. This rule STILL confuses me.
Oh, wait, open carry is NOT allowed in the state capitol builiding, but permitted concealed carry is. I guess this balances it all out.
craig
Novus Collectus
Member
In MD there is no restriction I am aware of on carrying concealed in a bar.
As far as consuming alcohol, the limitation is on influence here too and does not address simple consumption.
As far as consuming alcohol, the limitation is on influence here too and does not address simple consumption.
gunsmith
member
how can we answer that question when you refuse to list your state of residence.
welcome to thr, please fix profile so it shows your location.
there are billions of laws in different states,counties,towns,villages,buildings.
Here in NV you have to obey the same law as driving .08 or something, I don't drink so I never worry.
In general, guns and alcohol don't mix...unless shooting makes you nervous, in that case, a couple of shots of Jameson is acceptable
welcome to thr, please fix profile so it shows your location.
there are billions of laws in different states,counties,towns,villages,buildings.
Here in NV you have to obey the same law as driving .08 or something, I don't drink so I never worry.
In general, guns and alcohol don't mix...unless shooting makes you nervous, in that case, a couple of shots of Jameson is acceptable
DWARREN123
Member
Like drinking and driving not a good idea.
well sir...
Some states have a no booz and guns law on the books, while some say that you cannot be "intoxicated". If the latter is your state, then for the most part the DWI limit is your limit, unless stated other wise. check your local/state laws and consult legal counsel.
Some states say that you cannot be in a bar while CCW'ing, others where booze is served, some leave it at intoxicated... but what if your local bar serves food? Is it a bar or resturant? Most states leave it vague so use common sense.
Some states have a no booz and guns law on the books, while some say that you cannot be "intoxicated". If the latter is your state, then for the most part the DWI limit is your limit, unless stated other wise. check your local/state laws and consult legal counsel.
Some states say that you cannot be in a bar while CCW'ing, others where booze is served, some leave it at intoxicated... but what if your local bar serves food? Is it a bar or resturant? Most states leave it vague so use common sense.
kd7nqb
Member
I recently turned 21 and gained both my legal drinking and my legal CCW status. I have a personal policy that even 1 drink is too much if I am carrying. Thats pretty much fine with me because I have the same policy when I drive within 6hrs.
Oregon laws are pretty friendly to CCW in bars so I can CCW and drink Coke ALL NIGHT LONG. While my buddies kill their livers.
Oregon laws are pretty friendly to CCW in bars so I can CCW and drink Coke ALL NIGHT LONG. While my buddies kill their livers.
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