What is the law

[Fallguy]

Let me get this right. You can't drink while carrying, but you can carry and have drank earlier but not under the influence?

The law simple says you can not be armed and under the influence.

You can be under the influence and have previously consumed.

You can be in the act of consuming and not be under the influence.

As stated in the other thread, this not meant to be legal or medical advise and should not be seen as suggesting or condoning any course of action!!

[DaveTN]

Let me get this right. You can't drink while carrying, but you can carry and have drank earlier but not under the influence?

I don’t think there is a law against drinking while carrying. But if the cop thinks you are intoxicated then you get arrested. You get to make your case before a Judge or jury.

DISCLAIMER: I would not drink while carrying; it’s dumber than

[Fivestring63]

I'm just talking about 1 or 2 beers at the most. I thought the whole idea of carrying in restaurants that serve beer is as long as you don't drink?

[Fallguy]

I'm just talking about 1 or 2 beers at the most. I thought the whole idea of carrying in restaurants that serve beer is as long as you don't drink?

The restaurant carry law that passed but then was ruled void, did contain a provision that you could not consume while you were inside the restaurant.

The two current restaurant bills do not have that provision.

[Guest Randy]

IMHO we as RESPONSIBLE gun owners, when carrying in public weather open or concealed should set the example for others and not give any one the opportunity to berate us because we carry. as a scout leader I am always setting the example for the youth that around , should we not also set the example for the uninformed non gun people in the world. ( uninformed non gun people ) trying to be nice and not call them stupid. They are out there and will always be looking for a reason to cry foul. Lets avoid giving them that reason. My 2 cents

[Punisher84]

I was always told what Fallguy posted basically. You can carry and drink same as you can drive after having a beer, you just can't be drunk.

That being said, I personally would not want to be in the position of having beer on my breath and a dead bad guy at my feet.

[Guest Ggun]

I was always told what Fallguy posted basically. You can carry and drink same as you can drive after having a beer, you just can't be drunk.

That being said, I personally would not want to be in the position of having beer on my breath and a dead bad guy at my feet.

You need to carry Listerine PocketMist in a spare mag holster.

Of course, they will most likely take your blood alcohol when you tell them you need to go to the hospital.

[Guest XD9GUY]

As far as informing a LEO when you get pulled over that you have a gun I don't think is necessary. As long as he doesn't ask, he doesn't need to know. Of course if he asks, then tell the truth.

I got pulled over about a month ago and let go with a stern warning. He didn't ask about my gun and I didn't tell. There is just no point in saying anything or offering any information if he doesn't ask for it. Most LEO's don't want or need to know everything about your life. Besides, you never know if the cop pulling you over is in a crappy mood and just wants to mess with you because you say "oh by the way I've got a gun in the car" even though there is no legal reason for him to.

[Guest rockbottom12]

if you dont tell him you better hope he is in a good mood. you know how cops or even parents get for that matter, when they have to "discover" something you could have just told them. Then they get suspicious, and cranky and then you get a ticket if not a gun pointed in your face.

[Fallguy]

Officers should already be a bit suspicious of everyone, but that doesn't mean they have to treat everyone like a suspect.

Although I didn't notify the last time I got stopped, if I thought for some reason he was going to search me or some other way find the weapon I would have told him because I agree him "discovering" the weapon is not good. However if he runs my DL and sees that I have HCP (which I think he did run my DL) it doesn't mean I am armed necessarly. If he ask I will answer honestly.

Officers don't need to get cranky and draw their weapon because a legally armed person is acting within the law.

If they want to get cranky and/or do something about it, they should lobby to get the law changed to must notify. If that is the law I would comply. But until then...in certain situations at least, I see now reason to introduce and issue into the situation that otherwise may not come up.