Florida Carry...

[titan14]

I'm going on vacation soon and obviously I'm gonna take my pistol...I have been reading(a lot) and know that I CAN carry concealed in Florida and TN does have reciprocity with FL. My question is...can I carry while consuming alcohol?

I can't find anything that states that it is illegal....I have read that I can't carry in an establishment that's main purpose is serving alcohol...can I carry in a restaurant and have a beer at the same time?

Any knowledge on this would be appreciated.

[Guest pws_smokeyjones]

titan14

according to Handgunlaw.us, restaurants are ok, but pure bars (or bar areas inside of restaurants) are off-limits. Still trying to verify if you can drink or not, my gut tells me no.

http://www.handgunlaw.us/states/florida.pdf

790.06 (12) License to Carry Concealed Weapon or Firearm

• Any place of nuisance as defined in s. 823.05

• any police, sheriff, or highway patrol station;

• any detention facility, prison, or jail;

• any courthouse; any courtroom, except that nothing in this section would preclude a judge from

carrying a concealed weapon or determining who will carry a concealed weapon in his or her

courtroom;

• any polling place;

• any meeting of the governing body of a county, public school district, municipality, or special

district;

• any meeting of the Legislature or a committee thereof;

• any school, college, or professional athletic event not related to firearms;

• any school administration building;

• any portion of an establishment licensed to dispense alcoholic beverages for consumption on the

premises, which portion of the establishment is primarily devoted to such purpose;

• any elementary or secondary school facility;

• any area vocational-technical center;

• any college or university facility unless the licensee is a registered student, employee, or faculty

member of such college or university and the weapon is a stun gun or non-lethal electric weapon or

device designed solely for defensive purposes and the weapon does not fire a dart or projectile;

• inside the passenger terminal and sterile area of any airport, provided that no person shall be

prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment

for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or

• any place where the carrying of firearms is prohibited by federal law

Edited June 9, 2009 by pws_smokeyjones

[Guest 3pugguy]

Common sense would indicate if you are drinking, don't be carrying. My two cents..

[titan14]

Thanks smokey...I've been looking for that info for two days now....

[titan14]

3pugguy.....yeah.....i understand that....I'm just asking.....If I can have a beer or two (NOT TEN) with my dinner.....I'm gonna be on vacation, so....I'm gonna be drinkin a little......then.....when I get back to the condo.....PUT MY GUN AWAY.....I'm gonna be drinking A LOT.......

[Guest 3pugguy]

3pugguy.....yeah.....i understand that....I'm just asking.....If I can have a beer or two (NOT TEN) with my dinner.....I'm gonna be on vacation, so....I'm gonna be drinkin a little......then.....when I get back to the condo.....PUT MY GUN AWAY.....I'm gonna be drinking A LOT.......

I completely understand, but I am a gun owner/HCP person like you. Should God forbid something happens and you have alchohol on your breath, what would be the legal impact on you?

That was why I default to either no gun or no beer (drink). I don't doubt you would be fully capable of having a beer with a meal and not losing your marbles...but remember, I am not someone on a jury or in the media looking to paint a gun user/owner/permit holder who defends himself against some "poor, underpriviledged, denied a chance, never loved my his Mama, crackhead gansta criminal" as a raging, blood thirsty lunatic. :-)

Have fun (and be safe) on your trip.

Barry

[titan14]

I completely understand, but I am a gun owner/HCP person like you. Should God forbid something happens and you have alchohol on your breath, what would be the legal impact on you?

That was why I default to either no gun or no beer (drink). I don't doubt you would be fully capable of having a beer with a meal and not losing your marbles...but remember, I am not someone on a jury or in the media looking to paint a gun user/owner/permit holder who defends himself against some "poor, underpriviledged, denied a chance, never loved my his Mama, crackhead gansta criminal" as a raging, blood thirsty lunatic. :-)

Have fun (and be safe) on your trip.

Barry

Gotcha!...thanks Bro:up:

[TN9mm]

I completely understand, but I am a gun owner/HCP person like you. Should God forbid something happens and you have alchohol on your breath, what would be the legal impact on you?

That was why I default to either no gun or no beer (drink). I don't doubt you would be fully capable of having a beer with a meal and not losing your marbles...but remember, I am not someone on a jury or in the media looking to paint a gun user/owner/permit holder who defends himself against some "poor, underpriviledged, denied a chance, never loved my his Mama, crackhead gansta criminal" as a raging, blood thirsty lunatic. :-)

Have fun (and be safe) on your trip.

Barry

+1 on that...what he said!! Oh and have a blast!!!

[Punisher84]

I carried for a total of 30 minutes in a week in Destin. I drank and had a good time and just relaxed. I said "if I survived Memphis for 24 years and get killed in Destin, Florida during retiree season then this is where God wants me to die" lol

I honestly wouldn't drink with your gun on you. It's just not a good idea. I really can't imagine it being legal either.

[Guest pws_smokeyjones]

titan14 - I go to Florida for vacation every year, actually will be there in late July of this year as well. I have never had a problem carrying into restaurants etc... I have found a fanny pack carry style to be very handy. In Florida most everybody looks like a tourist so you don't stick out like you would somewhere else. Also, if you are in a restaurant and decide you just want to throw a few back, it makes it super easy to just run that fanny back out to the car before hand.

Like the others, I do not condone drinking while carrying under any circumstances. I figure you are an adult and can make that decision for yourself though.

[Fallguy]

From Title XLVI; Chapter 790 of FL statutes

790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.

(1) As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

(2) For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand.

(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

(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.

It almost seems as long as it is not "in your hand" it it not considered "readily accessible for immediate discharge" and you would be legal. ...and if you did have to use it in self-defense you would be covered under section 5.

But seems a little shaky to me, not sure I would want to risk it being out of state.

Edited June 9, 2009 by Fallguy
Different opinion after reading a bit closer.

[Punisher84]

From Title XLVI; Chapter 790 of FL statutes

So seems to me it would be illegal because you would have the handgun "readily accessible for immediate discharge".

Although worded slightly different, pretty much the same as TN.

Well but that says under the influence to impair normal abilities, so maybe you can have a beer just not be intoxicated...

[Fallguy]

Well but that says under the influence to impair normal abilities, so maybe you can have a beer just not be intoxicated...

LOL...I was changing my opinion as you were typing.

But for the record TN says "under the influence" as well, but from what I've heard many LEOs take that to mean "any" influence..at least in TN.

[Punisher84]

LOL...I was changing my opinion as you were typing.

But for the record TN says "under the influence" as well, but from what I've heard many LEOs take that to mean "any" influence..at least in TN.

Yea I've heard varying opinions too. Some say they view it the same as being to drunk to drive, others say if they smell it you're going for a ride. Ain't the law grand?

[TN9mm]

Ain't the law grand?

It depends on what your definition of "is" is!

[Punisher84]

It depends on what your definition of "is" is!

LOL

[titan14]

You guys are hitting on the exact questions I had and the exact reasons for the original post.....I read that staute and I think it could be interpreted either way....

[Mike.357]

I say let your conscience be your guide.

Whenever we travel, go in and out of restaurants or in and out of the hotel, I always feel most vulnerable in the coming and going part of it all. Hate not having a pistol when getting ready to re-enter a hotel room.

Find some way to have 1000% concealment, enjoy your vacation and stay safe.

[Guest Smitty]

No drinking while carrying period IMO. Florida recognizes TN permits now?

[Guest foister82]

florida is a little strange on their laws. For example, their idea of a stored weapon not readily accessible means in a holster with a snap in the passenger seat.

[Punisher84]

No drinking while carrying period IMO. Florida recognizes TN permits now?

Yea...for awhile now. Florida is pretty sweet for carriers. I barely ran into a place I couldn't carry when I was there.

[Oh Shoot]

... Florida recognizes TN permits now?

When did they not?

- OS

[Guest Smitty]

When did they not?

- OS

I thought they only recognized their own residential permits and no one elses for a while back a couple of years ago. Well I'm glad they recognize ours now anyway.

[Fallguy]

I thought they only recognized their own residential permits and no one elses for a while back a couple of years ago. Well I'm glad they recognize ours now anyway.

You have to be a resident of the state that your permit is from for FL to recognize it. (Except that they will honor their own non-resident permit)

In other words if you lived in IL and had a permit from AZ it would not be valid in FL. But if you lived in AZ and had a AZ permit it would be valid.

[Fallguy]

You guys are hitting on the exact questions I had and the exact reasons for the original post.....I read that staute and I think it could be interpreted either way....

To be honest I think it does mean you can consume as long as the gun is not "in your hand", but IANAL and my legal advice is worth what has been paid for it...zilch.

My point is, if I lived in FL and felt confident in my opinion I might be willing to try and prove it in court. But being a non-resident...not sure I would want to try it that way.