Quick Retired Law Enforcement gun carry question

[David]

If someone carrys under HR 218 as retired law enforcement, is it okay for them to carry in a business that serves wine, beer, etc.?

For instance, in South Carolina, you cannot carry in a business that serves wine and beer with a CCW.

However, if someone carrys under HR 218 as retired law enforcement, would this now be okay?

Thanks for any info.

 

[Steve in PA]

Federal trumps State law.

Your question was answered when South Dakota tried to charge the off-duty officers and they were cleared.

 

[dogrunner]

The law exempts a qualified officer/retired officer from state or local law with very specific exceptions. Relative to the alcohol issue a qualified carrier CANNOT be under the influence of alcohol per the Federal law........that said, that same person can be literally falling down drunk and carrying quite legally in Florida under a State license as long as he doesn't have the weapon literally in his hand! Even then, under State law, an exception is provided if the weapon is used in necessary self defense. That may NOT be the case in other jurisdictions.

 

[wannabeagunsmith]

I agree with the above. Thank you for your service, sir.

 

[Unkei]

In Ohio, a CC holder may carry where alcohol is being consumed, as long as he/she is not consuming. As to on duty police, only in limited situations, certain special units. or with Commander's permission.
Retired LEO in Ohio ( 34+ years service)
Unkei

 

[David]

Thanks for the info.

So it's okay to carry under HR 218 as retired law enforcement in a South Carolina business that serves beer, wine, etc as long as that person is not drunk?

It that right?

Thank you

 

[MAC USMC]

A wise person carrying a concealed firearm DOES NOT drink alcoholic beverages. Lawyers love these scenarios because it opens up the "state of mind", "due diligence", "clear mind and judgment" as well as "logical decision-making" when an incident develops. It is much better to be totally sober and shut off this avenue of lawyer attack.

Should I display or use my firearm I wiil REQUEST a chemical sobriety test from the LEO's to prove my sober status. There are two legal avenues in process at the same time when a firearm is involved. First, is the CRIMINAL LAW determinations made by the police at the scene and the District Attorney's Office which reviews and renders the final decision.

Next, are the CIVIL LAW issues which are pursued by private attorneys out to make a living. Most will take any civil case as they make money win or lose regardless if the matter lacks substance or not. To defend yourself it is necessary to hire and pay your own attorney. If you prevail in civil court hopefully the judge will order your opponent to pay for your court/lawyer expenses. This is NOT a slam-dunk - it must be requested by your attorney.

 

[cane]

Just to be accurate, it is not HR-218, it is the Law Enforcement Officers Safety Act.

 

[Kevin Rohrer]

Public Law 108277 , also codified as 18USC928B.