CCW and Alcohol at Restaurants

[JohnKSa]

Does a convicted felon or other disqualified person lose the right to defend themselves? No, but they can't use a firearm to do it.

Well, not precisely. They can use a firearm to do it, but doing so may open them up to other charges, as pointed out.

So a drunk person (or convicted felon) who killed someone with a firearm in self-defense might not be convicted of murder if the circumstances were extremely clearcut in his favor. But he might still be prosecuted for possessing the firearm and (in the case of the intoxicated individual) might lose the right to carry, or even to own, firearms in the future.

 

[JN01]

In Ohio, you can't have any alcohol in your system.

Actually, what the law says is:

2923.15 Using weapons while intoxicated.
(A) No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance.

(B) Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree.

There is no definition of "under the influence" in this section of the law, but presumably, you could have some alcohol in your system and not be in violation of this section of the law.

On the other hand, if you are in a bar or restaurant serving alcohol, the following applies:

2923.121 Possession of firearm in beer liquor permit premises - prohibition, exceptions.
(A) No person shall possess a firearm in any room in which any person is consuming beer or intoxicating liquor in a premises for which a D permit has been issued under Chapter 4303. of the Revised Code or in an open air arena for which a permit of that nature has been issued.
(B)
(1) This section does not apply to any of the following:
(e) Any person who is carrying a valid concealed handgun license, as long as the person is not consuming beer or intoxicating liquor or under the influence of alcohol or a drug of abuse.

In this case you may not consume a drop while in the establishment, but if you had a small amount (not enough to constitute intoxication) in your system prior to entering the establishment 2923.15 should apply, though proving that the consumption occurred earlier might be problematic.

 

[8MM Mauser]

I do not think that you should be forced to give up your right to defend yourself simply because you enjoy a beer or two, that's BS. Be responsible is the only guide that I use. Better judged by a jury that to perish at the hand of a criminal. Refuse to be a victim!

The other day I went shooting, and I noticed that my score diminished somewhat because of poor diet. I at pancakes loaded with sugar and had two cups of coffee that morning, and it hurt my shooting. How do you think alcohol is going to affect your ability to shoot? I would not feel at all comfortable personally firing a gun with alcohol swimming in my system. Leave the gun at home, stay away from bad areas especially if you have a few drinks and maybe carry a small impact weapon. IMO you give up the right to use lethal force once you have impaired your judgement. No one is making you go out and drink. If it is important to you, leave it at home; if not then carry it and don't drink.

What if it causes you to make a bad call and draw down on somebody walking towards you with a cell phone or something? Think about it. You say refuse to be a victim, and I agree. So don't drink while out, that is a great way to become a victim.

 

[Glenn E. Meyer]

Well, the right to eat pancakes shall not be abridged!!

I wonder if that was truly the causal agent?

 

[Dreaming100Straight]

Drinking in a bar is not the same as other places

Carrying in a bar is more likely to result in the poor exercise of judgment than elsewhere due to the opportunity for conflict with others with impaired judgment.

 

[monkeyfist]

"The other day I went shooting, and I noticed that my score diminished somewhat because of poor diet. I at pancakes loaded with sugar and had two cups of coffee that morning, and it hurt my shooting. How do you think alcohol is going to affect your ability to shoot?"

I'd likely be more steady after a few beers than after a few coffees due to caffeine. I'm definitely more shaky after drinking coffee. So should we outlaw caffeine and carrying?

 

[Theohazard]

Doesn't it bother anyone that when someone chooses to drink, they take off their gun and lock it in the car? Then what? Drive home?

Bingo! A lot of people say you should never have even a single drink while carrying a gun, but do they feel the same way about driving? Statistically, cars are far more dangerous than guns. So if you won't even have one drink while carrying, you should never have a single drink before driving.

I live in Washington. Here the law is very clear: You can't carry in a bar, but it's OK to drink alcohol while carrying, you just can't go over the .08% limit.

I carry everywhere I can legally carry, including restaurants where I might have a beer or two. If I'm sober enough to drive home, I'm sober enough to carry. Just as I would never drink too much to affect my driving, I would never drink too much to affect my judgement while carrying.

 

[rburch]

If I decide to drink the gun gets locked in the safe in my car.

If anything happens while I'm inside, I'll just have to make do with pepper-spray, and my knives.

That's the way the law is set, if you don't like it, change the law.

 

[Aguila Blanca]

It's illegal to carry and consume in NC and most places, ...

While this statement may be correct, I know that there are many states where simply consuming any alcohol whatsoever while carrying is not prohibited by law. "Most places" would suggest that "no alcohol whatsoever" is the law in a preponderance of states.

Does anyone know what states actually have this requirement, compared to what states impose a blood-alcohol percentage requirement as for driving?