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April 25, 2017, 03:49 PM | #26 | |
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I somehow misread the op's question, thought they wanted the law in each state to compare.. well anyway....
I doubt there are any states that say it's ok to be wasted with a gun on your hip, and even if there is one that is silent on the presence of the gun I'd have a hard time believing there are any jurisdictions without a general public intoxication law. At home I really doubt there is ever going to be a problem.. unless well.. there is a problem and the cops are called. I found this article via google talking about Texas which seems to just say unless you're drunk it's ok. They do have a legal limit of .08 which im guessing is probably just what ever is already on the books for drunk driving or general public intoxication charge. http://www.thetruthaboutguns.com/201...ont-mixexcept/ http://www.dps.texas.gov/RSD/CHL/faqs/index.htm Article is old and says it's question #35 but it's been bumped to #46 Quote:
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April 25, 2017, 05:14 PM | #27 | |||||
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As I discussed earlier, the 0.08 limit is NOT found in the statutes regarding handgun carry (§ 46.035) nor in the generic definitions that apply throughout the entire Penal Code (§ 1.07). IMHO the DPS FAQ is misleading in this regard. However, notice the way that § 49.01 and the DPS FAQ are worded... Quote:
Thus, the direct response to the OP's question... Quote:
Discussion by an actual attorney can be found HERE. As author Walker Byington states: Quote:
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April 25, 2017, 08:34 PM | #28 | |
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I know this is a legal thread but can't we just use common sense...
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April 26, 2017, 09:00 AM | #29 | ||
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April 26, 2017, 11:08 AM | #30 |
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This discussion is about "carrying" and drinking. What about if the gun is in the center console of the car? My understanding is that your car is considered an extension of your home, and here in Virginia you do not require a concealed carry permit for a loaded gun in the glove compartment or center console.
So if I have two drinks at a restaurant with dinner, my BAC would be 0.02 - far from intoxicated and not impaired. With a gun in my center console, would this be considered drinking while carrying? Personally I never drink while "carrying", but I do drink modestly when dining out and do keep a pistol in my car's center console. BTW, in VA you may be in a bar while carrying concealed but may not have any alcohol to drink while there. If you carry open, however, in the same bar you are permitted to drink as there are no laws prohibiting it. Strange! There are laws, however, against being intoxicated while carrying anywhere outside your home and property. Tom
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April 26, 2017, 11:44 AM | #31 |
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In MI that "car is an extension of your home" thing does not fly as it does in some states at least down south. Not sure about other states.
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April 26, 2017, 01:12 PM | #32 |
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Even without a law it may be difficult to show reasonable judgment if the use of self defense comes into play. If your judgment is impaired enough to affect your ability to drive is it still good enough to judge the intent or actions of another?
Either way it is never a good practice to carry under the influence. |
April 26, 2017, 01:34 PM | #33 | |
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April 26, 2017, 01:43 PM | #34 | |
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April 26, 2017, 01:47 PM | #35 |
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I know that here in Ohio, you cant open carry if youre drinking and you typically cant conceal carry in a bar, so I dont really see it being an issue.
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April 27, 2017, 06:04 PM | #36 |
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afaik ianal
when I lived in NV it was .10 to be to drunk to carry, .08 for driving. At one point in time the driving was .10 as well, they fixed the driving to .08 due to drunk moms driving and against it all I don't drink, so i never worry |
April 27, 2017, 10:02 PM | #37 |
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I guess folks can argue the fine points of intoxication, impairment, etc., all they want, but carrying a firearm while your judgement is reduced is one of the stupidest things you can bet your vehicle, bank account, and status of citizenship on.
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April 27, 2017, 10:23 PM | #38 |
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The OP's title to his post is "carry While Intoxicated"
While Intoxicated. Intoxicated means having a toxic level of something in your body.The various states have various means to define "Intoxicated" but if you meet that definition,it would surprise me if any state tolerates carry,concealed or otherwise. Someone suggested that two drinks with a meal would result in a BAC of .02. Those are vague terms,and YMMV,but I believe your info is off. Back when the standard was pretty much 0.1 %,the driver's test included questions about "How much can I drink and stay legal?" Times and standards have changed,but the guideline for 0.1 was 1 drink per hour..for most places,0.1 is old history,but if you eat fast,2 drinks with a meal will break it. With the newer standard of .04 for impaired,one drink with a meal may be borderline,and two may very well get you to .08,especially if you have a generous bartender. Two quick beers after work on a hot,thirsty day and you probably are over the .04 impaired line.More likely .06 to .08. That is "busted" We can argue semantics and "Well,I feel just fine with x number of drinks" Ok,knock yourself out! I'm not the law. I get it that SOME folks want to know "Where do I become vulnerable?" And of course,each state has rules which may vary.Many have very vague (seemingly) rules. I have never studied law,I'm not a lawyer.Someone mentioned "Common Sense" If I am involved in a SD shooting,I have to worry if my trigger is under 4 lbs. I will have to make it through a criminal and a civil court. What will the jury sympathy be toward "The defendant had been drinking before his clouded judgement pulled the trigger and ended the like of young Geoffry,loved by all,looking forward to...." It won't help you. As I mentioned for Colorado,yes,a BAC of .04 (one beer) is criteria for impaired. No shooting required. Traffic stop and you are packing. Busted. In Colorado,smelling beer,pot,etc,the Officer's discretion is sufficient. No 0.04 is necessary. (Pot and gun's? Feds call "Felony") I suggest the vagueness is not wiggle room that the pistol packing impaired can use to advantage. More likely it is a broader net to catch you with. My class advised avoiding the problem by making a choice,one or the other. That will work. You can do whatever makes you happy. Please do keep us posted on how your argument might workout in court if you choose to test your theory. Last edited by HiBC; April 27, 2017 at 10:30 PM. |
April 27, 2017, 11:48 PM | #39 | |
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OCGA 16-11-134 makes it illegal to discharge a firearm while under the influence unless it is in self defense (a good shoot is still a good shoot and a bad one is still a bad shoot.) Its is defined as a misdemeanor of a high and aggravated nature the penalty for which is up to $5k and 12month in jail, or both. Someone carrying while schnockered isn't illegal so long as he doesn't do anything stupid. If you do, then one hopes the wrath of the state will rightfully rain down upon him. Idiots will of course idiot, but a wise man keeps his imbibing to a minimum. |
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April 28, 2017, 10:31 AM | #40 |
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There are numerous BAC calculators online that take into account your age, gender, weight, number of drinks, type of drinks, and the consumption timeframe. Since they do not include food consumption I believe they assume no food with the drinking. For my age and weight, all of these calculators put my BAC between 0.02 and 0.03 for two standard drinks in one hour.
To hit the impaired level of 0.04 I would need to have three plus drinks in one hour, and in my experience I would indeed feel impaired and I would not drive. I therefore set my top limit to two drinks (usually one), with food over 1.5 hours if driving. I never drink while carrying, but I do keep a pistol in my car's center console. I am not clear if this is considered "carrying" as in VA a concealed carry permit is not required for a car gun in the glove compartment or console, and the gun is not on my person. Nonetheless, since I do not drive impaired it should not matter. Tom
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In NJ, the bad guys are armed and the households are alarmed. In VA, the households are armed and the bad guys are alarmed. |
April 28, 2017, 01:52 PM | #41 |
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Washington changed its rules a long time ago to "impaired" rather than "intoxicated". Driving "under the influence" means they can arrest you if you have had anything at all to drink. (or have taken cold medicine or any drug that might influence your ability to make a good judgment call. It comes down to the officers ability to decide if you are "under the influence".
I have never seen any laws specifically about the possession of a gun while intoxicated. There are laws in place that restrict addicts and alcoholics from owning or possessing a gun but they have to be convicted of such and not just "high" or "drunk". |
April 28, 2017, 04:05 PM | #42 | |
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April 28, 2017, 08:07 PM | #43 |
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Platinum,The advice was classroom lecture.I took it in good faith.
I still have the curriculum,notes,and documents from the class. I could take the time to do the research.... But then,I assume you were given the same resources. I'm satisfied I can make good choices with the information I was taught. If you require verification I suggest you contact the folks who gave you your training or review the materials they may have provided. |
April 30, 2017, 12:22 AM | #44 |
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Carrying while Intoxicated / Carrying while 'Impared'.
I am NOT a lawyer but I believe our usual bevey of Lawyers have been remiss on this subject. DUI laws are NOT just about alcohol or "banned" (aka Schedule 1) substances. They also cover prescription medications that are schedule 2, 3, & 4. If YOUR prescription drug "impares" you (see warning labels) you can run afoul of your State and Federal laws. Your Blood Pressure Med.s* CAN 'impare' you. If an officer can use field sobriety tests to show imparement then you MIGHT JUST HAVE A LEGAL PROBLEM. Alcohol combined with your prescription medication CAN be an issue even if it is only ONE DRINK. Something for all of you to think about. * Then there are pain killers / opiods, and other classes of drugs. |
May 1, 2017, 09:49 AM | #45 |
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HiBC, I'll go back through the notes we were given. I think for the most part, common sense applies, but I would like to know if there's anything written on paper about carrying specifically.
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May 2, 2017, 01:30 AM | #46 |
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Not saying it's wise, but I've been known to grab a 6 pack of long necks and a .22 rifle and head out with friends.
But I'm not an angry drunk, .22 is a high powered bb gun, and the 6 pack gets split up. Btw, I am fully aware that even a normal bb gun can cause serious or even fatal wounds. |
May 2, 2017, 11:01 AM | #47 |
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While what is, or is not a legal limit, or if there is one at all, is useful information, it only really matters when you wind up in court. In other words it matters as to what charges you may face, and whether or not you are ultimately found guilty or innocent.
It really doesn't matter when it comes to a police officer "haulin' you in". I don't believe there is a state that does not have some (often several) laws that allow the officer's judgment alone to be sufficient cause for them to arrest you. The rest, as they say, "will be sorted out in court".
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May 2, 2017, 11:26 AM | #48 |
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I live in Indiana where there is no link between one's level of intoxication and the possession of a firearm. This is as it should be.
I do not drink or take drugs of any kind, but I do not believe that someone who has had dinner with a couple of drinks or went out on the town to imbibe should lose all their rights to self-defense. Yes, judgment can be impaired but that is no different than the guy or gal, and there are many, who is taking medication that clearly states not to drive or operate heavy machinery. Clearly, that would be an impairment, yet those millions of people are not asked to give up their God-given right to self-protection. My oldest son was a passenger (while carrying) in a vehicle that was pulled over after a night of drinking with friends. The sober designated driver changed lanes without signaling, was pulled over, and during the stop, everyone was asked to exit the vehicle. Although my son had obviously had a few drinks, the officers checked his handgun for the duration of the stop, and then returned it to my son when the stop was complete. In other states, my son would have had charges brought against him, and his carry rights stripped.
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May 3, 2017, 03:14 PM | #49 | |
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I wasn't sure about Tennessee so had to look it up. I don't carry when drinking luckily because the law says that it is a misdemeanor to even consume while carrying and will result in the loss of your permit for 3 years.
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May 19, 2017, 01:55 AM | #50 |
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In wisconsin it's the same as the limit for a dui (.08 I think?) with two exceptions. 1. restaurants/pubs that you are drinking in. That first drop makes it illegal to carry while inside the bar. If you are not drinking, you are legal. 2. At home. You are not required to put away your firearm at home when you are drinking; however, handling or having that firearm on your person is illegal.
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