Carrying While Intoxicated

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".
 
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.
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Have taken the CO class recently, don't remember this as pertaining to firearms. They only spoke of DWI's and what to do if you were charged with such. Did they quote the specific law at all? Was it perhaps a city or even a county ordinance?
 
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.
 
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.
 
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.
 
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.
 
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".
 
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.
 
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. :eek:

(b) It is an offense for a person to possess a firearm if the person is both:
(1) Within the confines of an establishment open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-6-102, are served for consumption on the premises; and
(2) Consuming any alcoholic beverage listed in subdivision (b)(1).
(c) (1) A violation of this section is a Class A misdemeanor.
(2) In addition to the punishment authorized by subdivision (c)(1), if the violation is of subsection (a), occurs in an establishment described in subdivision (b)(1), and the person has a handgun permit issued pursuant to § 39-17-1351, such permit shall be suspended in accordance with § 39-17-1352 for a period of three (3) years.
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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.
 
Funny thing. This is all my understanding, not advice. However,

In South Carolina, I can legally carry inside of a bar, nightclub, whatever, but may not consume any alcohol while carrying.

In Florida, there appears to be no limits at all about being intoxicated and carrying a gun (there is one about using a gun while intoxicated, but lawful self-defense is an exception). BUT strict legal interpretation in Florida prevents me from walking through the bar section of Applebee's or Chili's to go to the bathroom even if I am not drinking.

Go figure
 
I do not believe that to be true -you cannot SIT or EAT in the bar section, but passing through to go to the bathroom ,I do not believe, is covered as a no-no.

What part of Florida will you be relocating to?
 
Taking out the garbage. Use a knife/pepper spray instead.

I am licensed to carry, but in our training class here in Texas my instructor said any amount is bad. I have been known to take out the trash late at night after a few brews, I leave the gun inside and instead put a good knife in my pocket and pepper spray as well. I make a quick effort to reduce my time outside, and if there are any shady looking people I will just cancel and do it in the morning.
 
"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."


Up north as long as you are not driving you can stumble all over. It is pretty rare to get public intoxication, you would have to be screwing with the cop or cause a problem. Falling down drunk, is not a problem. Better than driving.


Good to carry a handgun case. Not going to get you out of everything, but in a case in the trunk is better than under the seat. The % to drive is higher, that the % to carry.
 
I put my garbage can out in my underwear, after dark. If I needed a knife and pepper spray, I would move. Especially if I had a family. No way to live.
 
I can't say I never drink but it is rare. 3 - 4 times a year I will have a beer or a glass of wine during or after dinner. I don't drink and drive and I don't carry, handle or use firearms if I have had any alcohol. It just isn't worth the trouble it might cause.
 
I don't have an answer to the OP's post. But, carrying while intoxicated sounds like a good way to get one's name mentioned in the local newspaper. :eek:
 
I am a big fan of common sense. We recently had quite a thread going on the topic of trigger modification and potential liability.
Being under the influence of alcohol or drugs while carrying, seems like a real opportunity to be shredded in court if you were to be involved in any kind of self defense shooting lethal or not. I quit consuming alcohol 1.5 years ago, but I wonder if I would have had the discipline to leave it home every time I went out for dinner and drinks.
 
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