Alcohol and concealed carry
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Thread: Alcohol and concealed carry

  1. #1

    Alcohol and concealed carry

    Is it legal for a concelaed carry permit holder to consume Alcohol while carrying a firearm in the State of Georgia provided of course the establishement is clearly a resturant and not a tavern?

    I'm not talikng about consuming alcohol to the point of intoxication, just enjoying a glass of wine while having a nice dinner with my wife.

    Thank you,

  2.   
  3. good resources

    http://www.nraila.org/statelawpdfs/GASL.pdf
    Weapons Related Georgia Code on GeorgiaPacking.org

    their code uses the term "under the influence" a lot which is vague. Even when there is a defined legal limit (0.08g per 210 liters of breath), being under the influence can mean any alcohol in the blood system.

    I know I didn't really effectively answer the question, but I don't feel that the code is clear enough to give you a good answer.

    More than likely, you wouldn't run into problems if you were to have a glass of wine with dinner, but I'm not a law expert by any means.

  4. #3
    Quote Originally Posted by Ryker View Post
    Is it legal for a concelaed carry permit holder to consume Alcohol while carrying a firearm in the State of Georgia provided of course the establishement is clearly a resturant and not a tavern?

    I'm not talikng about consuming alcohol to the point of intoxication, just enjoying a glass of wine while having a nice dinner with my wife.

    Thank you,
    Most states, from my understanding, absolutely prohibit drinking while your armed.
    Honestly, I agree.
    I dont know how many times I went out with friends who said they were just going to have a couple drinks who went home falling down drunk. They had the best intentions, but its just to risky when youre driving or carrying a gun to even take that first drink.

    Frankly, Ive turned in guys with guns who were drinking. Its a felony charge here and it should be.

  5. #4
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    Guns and booze do not mix. Even if it was legal to have just some wine I wouldnt. If you had to use your gun defensively after that 1 glass of wine you can bet that the state will question you anyway. And even if no charges were filed there is the civil liability that any shyster lawyer will exploit on behalf of the 'poor' criminal that you shot. You might prevail in court but it might cost you everything. Drink a soft drink instead.

  6. #5
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    Quote Originally Posted by Ruger357SP101 View Post
    Most states, from my understanding, absolutely prohibit drinking while your armed.
    Honestly, I agree.
    I dont know how many times I went out with friends who said they were just going to have a couple drinks who went home falling down drunk. They had the best intentions, but its just to risky when youre driving or carrying a gun to even take that first drink.

    Frankly, Ive turned in guys with guns who were drinking. Its a felony charge here and it should be.
    Well I hope you turn in all the police you have in your town cause last I checked they are allowed to carry in bars and drink alcohol whiled armed.

    Now what makes you feel safer with them doing that then your fellow citizens I don't know. But it goes to show that you do not comprehend what the second amendment says.

    For if you make rules for people to follow you yourself should follow the same rules you will be enforcing.

  7. #6
    Quote Originally Posted by Ryker View Post
    Is it legal for a concelaed carry permit holder to consume Alcohol while carrying a firearm in the State of Georgia provided of course the establishement is clearly a resturant and not a tavern?

    I'm not talikng about consuming alcohol to the point of intoxication, just enjoying a glass of wine while having a nice dinner with my wife.

    Thank you,
    To answer the actual question asked:

    Georgia Code:

    16-11-134. Discharging firearm while under the influence of alcohol or drugs


    (a) It shall be unlawful for any person to discharge a firearm while:

    (1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;

    (2) The person's alcohol concentration is 0.08 grams or more at any time while discharging such firearm or within three hours after such discharge of such firearm from alcohol consumed before such discharge ended; or

    (3) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.

    (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of possessing or discharging a firearm safely as a result of using a drug other than alcohol which such person is legally entitled to use.

    (c) Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature.
    Washington, BTW, has no law against carrying a firearm while under the influence, but does have a law that says a firearm is forfeited which is confiscated under circumstances where the subject is intoxicated and carrying a firearm in a manner or place that requires a CPL.

  8. #7
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    Quote Originally Posted by santa View Post
    Guns and booze do not mix.
    You can say that again.

    As somebody who works in the bar/nightclub industry there is no way I'd want people carrying while drinking in a bar or anywhere else alcohol is flowing.
    (Insert random tough-guy quote here)
    "See my gun?? Aren't you impressed?" - Anonymous sheepdog
    The hardware is the same, but the software is vastly different.

  9. #8
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    NavyLT quote of Georgia law says it all. Yes I understand the difference between a car and a firearm but common sense would tell me that they both can kill you--actually, by statistics, the car is infinitely worse than the firearm. SC law is in process of maybe being changed to something similar to the GA law allowing casual drinking. The 08 limit certainly makes sense and, quite frankly, if there is one occasion that I would really like to be CC it is when I am trying to retrieve my car at 10PM after going to a restaurant--right now in SC, I cannot CC in the restaurant even if I do not have a drink.

  10. I do not drink, however, I fail to see how someone drinking has lost his right to self defense? The same applies to pain medications.

    In my state you car carry a gun as long as you are able to drive legally.

    Those who oppose beer and guns ought to think what the Second Amendment means.

  11. #10
    Those who oppose beer and guns ought to think what the Second Amendment means.

    With great freedom comes great responsibility.

    I'll also add this with the expectation of getting flamed.

    Proverbs 20:1 Wine is a mocker, strong drink is raging and whosoever is deceived thereby is not wise.

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