Open Carry and Alcohol Limits - Page 2
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Thread: Open Carry and Alcohol Limits

  1. #11
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    Quote Originally Posted by JJFlash View Post
    I guess cause in some states, it's legal to carry in bars and even drink. I don't think that's the norm, but several have posted that's the case where they live. I don't remember the states....
    Florida is one of those states (sorta), here you may carry into restaruants that serve alcohol and consume while carrying. You can't carry in "bars" however. There is a limit (I believe it is .05) however, that is only for "handling" your firearm (loaded and in your hand). Technically you can be drunk and if it is in its holster and your hands not on it, you are OK.

    Here is the good stuff. Violation is only a misdemeanor and you MAY use your weapon, even if intoxicated, in self-defense !!!!


    (4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
    (5) This section does not apply to persons exercising lawful self-defense or defense of one's property.

    Welcome to Florida!

  2.   
  3. Quote Originally Posted by 2beararms View Post
    Florida is one of those states (sorta), here you may carry into restaruants that serve alcohol and consume while carrying. You can't carry in "bars" however. There is a limit (I believe it is .05) however, that is only for "handling" your firearm (loaded and in your hand). Technically you can be drunk and if it is in its holster and your hands not on it, you are OK.

    Here is the good stuff. Violation is only a misdemeanor and you MAY use your weapon, even if intoxicated, in self-defense !!!!


    (4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
    (5) This section does not apply to persons exercising lawful self-defense or defense of one's property.

    Welcome to Florida!
    WOW! I'm not saying those who drink should be defenseless, but wow..
    Quick to the gun, Sure of your grip. Quick to the threat, sure of your shot. - Chris Costa

  4. #13
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    Many good replies. How we can be talking about drinking at any level and OC or CC is beyond me. To not understand this is to be looking for trouble---big trouble. Just sayin from an old man.

  5. Texas is also one of those "zero tolerance" states when it comes to alcohol and carrying. I seem to remember hearing that Louisiana had a .05 limit. I understand the good intent behind having limits like this, but if you can legally drive a car, why shouldn't you be able to legally defend yourself? After all, cars have been ruled as deadly weapons in plenty of cases.

    IMHO, blood alcohol level shouldn't be a factor in determining the legality of a self-defense incident. If it was a justified shoot sober, it should still be justified after a couple beers. If your intoxication caused you to use your weapon illegally, then you should be charged and punished in the same way as if your stupidity had caused it.

  6. #15
    WHY does this post even exist? It's very bothersome (to me) that one would need to even ask this. Booze and guns don't mix! Hello????

  7. #16
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    Quote Originally Posted by surfcc View Post
    WHY does this post even exist? It's very bothersome (to me) that one would need to even ask this. Booze and guns don't mix! Hello????
    Sorry, I was too drunk to realize what you were saying the first time around .

    Well seriously now... What you say is true, however, having a beer or a glass of wine with dinner to me is totally different than "drinking". If you are impaired to any degree on one beer, then you ARE an alcoholic because only the physical allergic reaction will impair a normal human with one drink.

    Additionally, the ludicrous rule of not being able to carry into places that SERVE alcohol to prevent people from drinking and carrying simply hurts decent restaruants and the economy. To say I cannot defend myself in an establishment because my wife wants a glass of wine with dinner is rediculous.

    The RULE here is RESPONSIBILITY!!! If you are going to be a drunk and carry a gun, the odds are you are going to do it with or without a law and probably are not that likely to bother to get a permit.

  8. #17
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    It's simple. In my case if you see me having anything that has alcohol in it I am not carrying! I even emphasize to the server that the Coke, Ice Tea, milk is for me!
    " Yes officer he was here. I served him a beer right before he left and shot that guy in the parking lot but that guy had is coming."

    "Yes officer he was here. His wife had a beer he had a Coke with a piece of lemon in it right before he left and shot that guy in the parking lot but that guy had it coming!

    Pick one that you want to hear as a witness account in court.

  9. #18
    Kansas law allows a CCHL to be in a bar that isn't posted. A BAC% of 0.08 is prima facie evidence you're under the influence which is not allowed if you carry concealed. But you can be arreste3d and convicted if you had a sip of wine and then acted in such a manner that you appeared to be under the influence.
    If you act out of control, whether you have taken a medication or consumed an alcoholic drink, carrying a gun will get you arrested, whether you have a license or not. The charge will change, disorderly conduct, carry under influence, or something else.
    Open carry or concealed, drunk and disorderly or just disorderly will still get you arrested.

    KSA 75-7c12. Carrying concealed weapon while under influence of alcohol or drugs prohibited; evidence; testing; revocation of license, when. ...
    (1) If the alcohol concentration is less than .08, that fact may be considered with other competent evidence to determine if the defendant was under the influence of alcohol, or both alcohol and drugs. (2) If the alcohol concentration is .08 or more, it shall be prima facie evidence that the defendant was under the influence of alcohol.
    (3) If there was present in the defendant's bodily substance any narcotic, hypnotic, somnifacient, stimulating or other drug which has the capacity to render the defendant incapacitated, that fact may be considered to determine if the defendant was under the influence of drugs, or both alcohol and drugs.
    (c) The provisions of subsection (b) shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol or drugs, or both.
    The people think the Second Amendment protects their rights;
    Government sees an obstacle to be over-come.
    NRA Life since 1966

  10. #19
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    Hey surfcc: I absolutely agree with; I believe I have basically the same reply on this thread---why are we even discussing this?
    Hey 2beararms: You are also correct, in a manner of speaking, when we talk about a recreational beer while CC.
    Obviously the problem is the open door on the issue. Is it 1 beer or 2 beers or 3 beers? Is it 1 beer and a whiskey shot chaser? The answer is if we allow an open door on drinking while CC, the punishment should be very Draconian. You are "caught" CC and at some predefined limit of alcohol (much less than the .8 standard) YOU GO TO JAIL. If you shoot someone, for whatever reason, and it is not a very clear cut case of imminent danger (and you have to prove it) you are charged with manslaughter. The onus has to be on those of us who are CC--we have been given an awesome responsibility and awesome consequences should flow from that. Just sayin

  11. Why would you even consider drinking and carrying cc or oc? I believe that as a representative of the legal carry community one should be a model citizen. Do NOT drink and carry. Obey traffic rules. Go the extra step to be responsible. If a glass of wine with dinner is desired, then lock up before you consume and don't present the opportunity for questioning.

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