Carrying While Intoxicated

S

steve4102

New member
With all the Marijuana and firearms possession controversy going on all across the country, I thought I would ask about other intoxication.
I live in MN, we have a BAL of .04 to be allowed to carry. some States have different language like "impaired" without a physical limit like MN's (.04%).

Are there any State or States that do not have Statutes regarding alcohol or intoxication limits while carrying a firearm?

I was told that AZ has no such statute and one can carry intoxicated without violating AZ law. I find that incredible. True?
 
steve4102 said:
Are there any State or States that do not have Statutes regarding alcohol or intoxication limits while carrying a firearm?
Click to expand...
Texas disallows carry while intoxicated, but there is no clear legal limit.

From the TX Penal Code § 46.035:
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster.

[Sections (e)-(f) omitted]

(g) An offense under Subsection (a), (a-1), (a-2), (a-3), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3)...
Click to expand...
There is no definition of "intoxicated" under § 46.035 or in § 1.07 General Provisions. There is a definition under § 46.06 Unlawful Transfer of Certain Weapons, but it only applies to that section. Ergo, there is no affirmative legal standard for intoxication for TX LTC holders.

Every LTC instructor I've spoken with advises their students not to drink while carrying, period. Better safe than sorry!

There have been several attempts in the state legislature to establish a standard, and IIRC another attempt is under consideration as I write this, but none of them have come to fruition.

By the way...
steve4102 said:
With all the Marijuana and firearms possession controversy going on all across the country, I thought I would ask about other intoxication.
Click to expand...
Just so we get this straight at the outset: so long as marijuana remains a DEA Schedule I controlled substance, it remains a violation of 18 U.S. Code § 922(g)(3) for a person who is an "unlawful user of or addicted to" marijuana to possess a firearm. Period.

As far as federal law is concerned, it doesn't matter whether someone has actually been burning one within the last couple of hours, or how groovy and mellow he feels; if he smokes dope even occasionally, he is a prohibited person.
 
Last edited:
I don't smoke but I do drink.

ANY drinking and there is NO firearms. I don't care if I am going out for one beer there will be no firearm carried or handled. Laws or otherwise that is just prudent course of action, at least for me.
 
I live in a zero impairing substance state. You cannot carry with ANY amount of impairing substance in the body

As always things are relative. I don't carry out in town if I have consumed, or wil consume, alcohol. I have carried walking up the street to investigate suspicious vehicles parked at the dead end after one or two beers. I'm aware it may not be the best practice, but its a risk I take to keep folks who have no business parking on a private dead end street late at night from being there.
 
There are already laws on the books in AZ about being publicly intoxicated - carrying a gun will mean something only if you do something stupid with it. Stagger around drunk, and you are going to go sober up in the drunk tank. Then you can fight next week to get your gun back, you idiot.
 
I live in Colorado. In my class,I was taught the limit was .04,same as driving impaired,however!
There is a loophole. The officer has discretion to call you impaired and no BAC is necessary.
The advice in my class was "Just don't"
Seems like good advice.
 
There is no law about drinking and carry in PA. However, use of controlled stuff will cost you your LTCF in a heart beat.
 
I don't believe the intent of the OP's question had anything to do with the prudence, or imprudence, of drinking while carrying. I believe he was asking for the LEGAL aspects and what limit - if any - is in each state. I went through my state's regs, as well as a concealed carry book written by a 2A lawyer. In neither case did I find a defined legal maximum.
It is legal in my state to consume while carrying (just no consuming in a bar), so having a glass of wine while dining out I have no issue with. The point then becomes, is my legal limit while carrying the same as vehicular DUI? Less?

I don't know, but would like to find out.
 
As far as I know, Georgia has no specific statute on the matter.

That said, firearms and intoxicating substances of any sort do not mix. Period. Not at the range. Not when cleaning my guns at home. Certainly not when carrying. It used to amaze me when I denied range use to people who were intoxicated and I actually got an argument from them.

Furthermore, if I had to use a weapon in self-defense and was intoxicated, I would expect the situation to get very dicey for me. Whether or not there's a statute on the matter, it's just a bad idea all around to mix the two.
 
Refer to case law regarding officers being armed and consuming alcohol. IIRC, there was one shooting where an officer was called away from where he had just consumed 1/2 glass of beer, and was involved in a shooting. That half glass caused much hate and discontent through the case, (I think this is a Massad Ayoob one), though I think the officer did prevail. Calling actual lawyers?
I know several people who absolutely love to g out shooting while drinking and I avoid them off duty. So while there may not be a legally specified limit in your local/state law, assume that any mind altering substance in your bloodstream, alcohol, marijuana, opiods, etc., are going to cause you much grief if you have to fight this in court.
 
Here in Ohio there is no legal limit.. if you blow anything but zero you're in trouble.

Im not sure how strictly it's enforced at the street level as I can think of many innocent ways someone would blow enough to register but still be completely sober.

But that's da law here.
 
So while there may not be a legally specified limit in your local/state law, assume that any mind altering substance in your bloodstream, alcohol, marijuana, opiods, etc., are going to cause you much grief if you have to fight this in court.
Click to expand...

There you go. Any amount of anything can be argued to have impaired your judgment. You might not have your motor skills be too impaired to operate a gun, or a car, or whatever, but your JUDGMENT is suspect. And, I don't see any real argument other than "no, I was not impaired", which go nowhere with a jury. Its just your word, and while it may be the truth, there's no way to prove it.
 
I may be wrong, but I don't think you are supposed to be in a bar with a gun in PA. If the greeter at WALMART tells you to check your gun at the door, it is that or leave. It is never good to push stuff. I was at Federal Jury duty for a month once in Philadelphia. The cops in the Courthouse said all I had to do was check it with them, but if Philly cops pulled me over "Have fun getting it back".
 
I may be wrong, but I don't think you are supposed to be in a bar with a gun in PA. If the greeter at WALMART tells you to check your gun at the door, it is that or leave. It is never good to push stuff. I was at Federal Jury duty for a month once in Philadelphia. The cops in the Courthouse said all I had to do was check it with them, but if Philly cops pulled me over "Have fun getting it back".
Click to expand...



To repeat under the law, you can carry in a bar open or concealed. it is private property so the bar may not allow it.
 
To the best of my knowledge, there is no law in my beloved adopted home state of New Hampshire regarding alcohol consumption and firearms. There is no law prohibiting concealed or open carry in a restaurant that serves alcoholic beverages, or in a bar, although private businesses do have the option of banning carry on their premises (I've never seen one that did that). That, of course, doesn't mean that mixing alcohol and firearms is a good idea, just that we don't feel it's necessary that every good idea needs to be a law.

We are (now, finally, thanks to our Republican Governor) a constitutional carry state with the option, if an individual chooses, of obtaining a license for reciprocity purposes. We are one of the safest places to live in the entire country. Live free or die.
 
Due to the popularity of intoxicants other than alcohol, many states have laws that grant considerable discretion to police officers in determining if you are impaired. So let's say you have a single beer and get made by a local police officer, who then uses that discretion to arrest you. Now let's say you luck out and get the incredibly rare "all-TFL" jury. Reading through this thread and the attitudes on mixing firearm and alcohol use here - how do you think you'd do in court?
 
If you're gonna drink or blow pot please don't carry. It's just asking for trouble, have you never seen how stupid drunks are? No telling what you'll do, pot will do the same thing.
 
The advice in my class (the lawyer portion) was REFUSE the breathalyzer and demand a blood test if you had been drinking AT ALL. You will loose your license for doing so but its easier to fight the license problem then the firearm issue. His theory was the blood test would take long enough it would help eliminate your issues.

Of course his primary advise was just don't.

As I do not drink caffeine (ok maybe once in awhile) I could make an argument that those that do are impaired in both motor skills and neurological activity when compared to someone who does not. Be very careful about vague terms like "impaired" or "impairing substance"
 
You must log in or register to reply here.
Back
Top