Restaurant Carry - Page 4
Page 4 of 4 FirstFirst ... 234
Results 31 to 35 of 35

Thread: Restaurant Carry

  1. #31
    Quote Originally Posted by BC1 View Post
    Examples of what? That alcohol affects judgment?
    .
    MICHIGAN
    .
    DEARBORN: Police arrested drunken man for having loaded handgun
    Published: Tuesday, December 17, 2013
    .
    By Joe Slezak
    .
    DEARBORN — A man, 30, who had a loaded 9 mm handgun and a valid concealed pistol license was arrested just after midnight Saturday on a charge of possessing a firearm while under the influence of alcohol or drugs. He was a back-seat passenger in a 2004 Chevrolet Impala that was pulled over on southbound Greenfield Road near Blesser for having a cracked windshield and because the front-seat passenger wasn’t wearing a seat belt. The man who was arrested told police about the gun and license, which police confiscated. Because he was unsteady on his feet, his speech was slurred and he smelled of alcohol, he was given a breath test. His blood-alcohol level was 0.19 percent, above the state’s 0.17 percent “super drunk” standard. His blood-alcohol level at the police station was 0.20 percent. Officers smelled marijuana in the car, but the driver, 30, said his brother used the car earlier and had been smoking the drug. Police didn’t find any marijuana. The driver was ticketed for having defective equipment and not having a valid license. The front-seat passenger, who had a valid license, was allowed to drive the car.
    .
    MI Law - Chapter 571, Weapons Offenses, Section 571.10 (7) Nothing in this subdivision authorizes any individual who has been issued a concealed carry permit or endorsement to possess any firearm while intoxicated;
    .
    TEXAS - The Wilder Law Firm
    .
    Drunk Driving Law on Concealed Handguns... If you are pulled over or arrested for driving while intoxicated, completing a sobriety test or facing a small fine may not always be the worst of your worries. Here in Texas, many people are able to carry concealed weapons as long as they carry a proper concealed weapons permit. However, if you are found carrying your handgun while also facing a DWI charge at the same time, you could be in some serious trouble if you do not take the proper steps. If you are someone who frequently travels with a concealed weapon, you must be aware that if you drive while you are intoxicated and you have your gun with you, there is a possibility that you could be charged with two very serious fines. First, of course, is driving while intoxicated (DWI). Second, you could be charged with Unlawful Carrying of Handgun by License Holder. The law in Texas states that “a license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Sub-chapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.”
    .
    VIRGINIA
    .
    Section 18.2-308.012 - Any person permitted to carry a concealed handgun who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place is guilty of a Class 1 misdemeanor.
    .
    .
    .
    A civil action will have teeth in that should someone cause an injury with a gun while under the influence of alcohol they will likely face a criminal charge. Even if the use was thought to be lawful in defense of someone, the drunk is still charged under the alcohol statute. A lawsuit by an injured or aggrieved party will have teeth in that the tort need not be proven, only the damages. If the drunk is convicted of carrying while intoxicated a plaintiff in a civil action may file a motion for summary judgment. That means the tort (wrong) has already been proven in another court. In the event the actions of the drunk are egregious, willful, wonton and reckless, the element of intent is established. this allows a jury to treat the drunk as if the harm he caused was intentional... thus punitive damages. Has it happened? I don't know. Probably, considering the millions of cases that have passed through the courts. While I don't see a problem with a drink while carrying a gun I don't do it and would certainly financially take apart anyone who hurt me while under the influence. The legal cost of a defense in itself will break most people.
    what a shame, here in FLA none of those incidents would get a CWFL holder in trouble with the law because there is no provision in the law about drunken carrying, however if you draw or fire your weapon while intoxicated that would open up the carrier to many issues.

    4 that chapter 571 in MI would never hold up to a challenge. the prohibition cannot be implied it has to be a written law.

  2.   
  3. #32
    Join Date
    Mar 2011
    Location
    State of Confusion
    Posts
    7,733
    Quote Originally Posted by apvbguy View Post
    what a shame, here in FLA none of those incidents would get a CWFL holder in trouble with the law because there is no provision in the law about drunken carrying, however if you draw or fire your weapon while intoxicated that would open up the carrier to many issues.

    4 that chapter 571 in MI would never hold up to a challenge. the prohibition cannot be implied it has to be a written law.
    I agree. Some states will call it reckless endangerment or some non-gun crime. NY doesn't have it under gun crimes. It's a reckless charge.
    GOD, GUNS and GUITARS

  4. #33
    2Awarrior Guest
    My personal take? If you feel you must drive with under .08, at least the law is on your side.
    But carrying? Absolute zero blood alcohol. None.

  5. It's difficult separating the law from advice. I understand that many people believe that one shouldn't carry if they've been drinking. I get that. I don't personally subscribe to that theory. I don't turn into a moron when I drink. I do however want to stay LEGAL. I live in SC, but spend a lot of time in GA. My personal reading of the law is ( I am not a lawyer):

    In SC, no prohibition to carry if you've been drinking, however, can't drink IN A RESTAURANT while carrying. (Stupid law IMO, but at least it's better than it was.) you open yourself up to repercussions if you discharge a weapon WHILE UNDER THE INFLUENCE. The criteria seems to mirror driving under the influence.

    In GA, drinking in a restaurant ok. Drinking in a bar requires owner's consent. Carrying with a BAC ok. Discharging your weapon opens yourself up to repercussions if not justified.

    In FL, they have the stupid rule of the "bar area" of a restaurant, but otherwise, same as GA.

    In NC, can't have ANY alcohol in your system. Also can't carry in any place that charges admission (another stupid rule.)

    I would sincerely appreciate any corrections to this, because I certainly don't want my misinterpretation to cost me my CWPs. But I would also appreciate any rebuttal to be based on the actual words of the law, and not a person's belief of what the law should be or what they personally choose. I get that many people believe that one shouldn't carry if they've had a drink. And i respect that. But that's not what the law says in all cases.

    And I really wish states could write laws that are easy to understand for the laymen who want to follow the law.

  6. #35
    Quote Originally Posted by Tom86 View Post

    And I really wish states could write laws that are easy to understand for the laymen who want to follow the law.
    and put lawyers out of work?
    WARNING:
    This post may contain material offensive to those who lack wit, humor, common sense and/or supporting factual or anecdotal evidence.

Page 4 of 4 FirstFirst ... 234

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Quantcast