Carrying a gun and stopping for a beer...no not a good idea; scenario for feedback.

[Guest Perseus MCMXI]

We all know that there is a zero tolerance when it comes to carrying a hand gun and drinking.

So here is the question : you are out with your woman and you have a gun on you . You stop at the local grill and bar and she wants a beer or three. You can sit there and drink a coke but you want a beer too . How far if any can you break your gun down to the point it is not a gun any more and it’s gun parts. As far as I know it’s ok to drink a beer with gun parts in your p/u

Florida Law: 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.

Yep, you can carry it in its holster, even use it if its lawful self defense. How does this differ from Tennessee law?

[Fallguy]

I'm not sure if you have all the pieces still on you that you aren't still carrying a firearm. I'm also not sure if there is some magic point at which a LEO would think so either. Overall I think you'd better just to take it back to your car. If it's in you car, it's not in your posession and you'll be ok....as long as you aren't under the influence when you get back to your car.

Here is the TN law.

39-17-1321. Possession of handgun while under influence — Penalty.

(a) Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled subst.

( 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

(1), are served for consumption on the premises; and

(2)

Consuming any alcoholic beverage listed in subdivision (

(1).

© (1) A violation of this section is a Class A misdemeanor.

(2)

In addition to the punishment authorized by subdivision ©(1), if the violation is of subsection (a), occurs in an establishment described in subdivision (

(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.

However if you did still have it on you and had to use it, you should be covered under 39-17-1322 as for as criminal charges.

39-17-1322. Defenses.

A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim.

Edited April 5, 2011 by Fallguy

[Guest spoolie]

Did you lock this thread so you could have the first post with all the info...then re-open it? Wow.

To the OP...come on guy, really? You can do both (drink and carry) if you're really stupid...and asking questions like this lead me toward stupid.

[Guest 270win]

You can't be in a place 'open to the public' that serves liquor and beer and possess a handgun while drinking anything in Tennessee. Don't even brown bag your own booze into a place open to the public that serves and then drink while carrying.

A firearm is usually considered the receiver under ATF/fed law.

You cannot also be 'under the influence' while in possession of a handgun. This includes places open to the public that serve liquor and also private places.

If you like to drink a beer while carrying a handgun in TN, it is best to do that while at home/private place as long as you are not under the influence of alcohol. Most restaurants in TN that serve liquor seem to be open to the public. I haven't seen any private clubs/supper clubs in the Memphis area.

Edited April 5, 2011 by 270win

[Caster]

Is this really a problem for people? If so than that's just pathetic. Leave your gun at home OR drink at home. If a person feels the need to be armed all the time (like me) then why in the world that person would want to take a chance impairing reaction time, ability to make on the fly judgment calls, ect all for a drink is beyond me. Seems like a person tormented by such a dilemma as said situation has a much bigger problem. ¿Addiction maybe ?

As the weather gets warmer I tend to drink beer daily, but if it ever comes to a point in which I plot and fathom ways to circumvent carry laws just to have another one, I'll quit drinking for good.

[TLRMADE]

Wanting to carry my gun with me everywhere I go has helped me to give up alcohol!

[Guest 270win]

There are some states, like Arkansas and Mississippi, where it is not illegal to have a drink while carrying a handgun in a restaurant. If you are convicted of DWI, public intoxication, etc, in Arkansas while carrying a handgun your concealed handgun license is subject to suspension/revocation. That is how AR deals with someone intoxicated while carrying. They get hammered with public intox or DWI.

[Erik88]

Did you lock this thread so you could have the first post with all the info...then re-open it? Wow.

.

actually I think he moved it because it the OP posted it in the wrong forum.

[Guest Perseus MCMXI]

Did you lock this thread so you could have the first post with all the info...then re-open it? Wow.

To the OP...come on guy, really? You can do both (drink and carry) if you're really stupid...and asking questions like this lead me toward stupid.

You should read the thread before you post.

Edited April 5, 2011 by Daniel
removing name calling.

[Erik88]

[Guest mds3d]

This is how it works out in my mind...

If I feel the need to carry, then I should also desire my greatest mental capacity (defeated by alcohol).

If I do not feel the need to carry, then I should also be okay drinking.

If circumstances changed while out, that is what the lock-box in my vehicle is for (never had this happen).

For the most part, a Coke or Sweet Tea is cheaper, more satisfying, and doesn't conflict with my desire to be armed.

All that being said. I have always considered the part with the Serial Number stamped on it (almost always the receiver) the "weapon" no matter how many other parts are attached to it. I feel safe in this assumption.

[Guest friesepferd]

nope. not on your person. just stupid idea too.

my simple suggestion- dont drink. or if you do, leave your gun at home locked up.

when you strap a gun on your hip you have decided to stay away from the alcohol

[daddyo]

nope. not on your person. just stupid idea too.

my simple suggestion- dont drink. or if you do, leave your gun at home locked up.

when you strap a gun on your hip you have decided to stay away from the alcohol

^^^^^^^^^^^^^^^^^^ THHIIIIIIIIIIIIIIIIIIIIIIIIIISSSSSSSSSSSSSSS.

[Fallguy]

Did you lock this thread so you could have the first post with all the info...then re-open it? Wow.

No...why would you even ask? See below.

actually I think he moved it because it the OP posted it in the wrong forum.

The forum it was first posted in was the Carry Prohibited Locations which is susposed to be a database to search posted loactions and only the OP or a Mod can make additional post to the thread. So I moved it hear....just so happens I was the first person to post after I moved it...so imagine that....

[walton6467]

What about meth? Is it ok to do meth while strapped?

[VERO1]

If you're going drinking, make sure to take along a designated shooter as well as a designated driver!

[Motasyco]

It's simply a matter of priority. Beer is not a priority. Defense of my family and myself is.

[Guest 270win]

I had to laugh at the idea of someone taking along a designated armed driver when you decide to go out drinking at night.

That sounds like something that goes on in Latin America or other places overseas where you have your driver who is also your personal armed guard. It is also probably necessary in closer places like Memphis! Maybe we have discovered a new business for high crime areas. Designated armed drivers to the bars for hire.

Edited April 6, 2011 by 270win

[Oh Shoot]

What about meth? Is it ok to do meth while strapped?

"...it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance."

- OS

[7dogguy]

I had to laugh at the idea of someone taking along a designated armed driver when you decide to go out drinking at night.

That sounds like something that goes on in Latin America or other places overseas where you have your driver who is also your personal armed guard. It is also probably necessary in closer places like Memphis! Maybe we have discovered a new business for high crime areas. Designated armed drivers to the bars for hire.

Or what a US official with Secret Service protection does...just sayin'

[Guest Bronker]

I had to laugh at the idea of someone taking along a designated armed driver when you decide to go out drinking at night.

That sounds like something that goes on in Latin America or other places overseas where you have your driver who is also your personal armed guard. It is also probably necessary in closer places like Memphis! Maybe we have discovered a new business for high crime areas. Designated armed drivers to the bars for hire.

Or what a US official with Secret Service protection does...just sayin'

My first thought:lol:

[Guest friesepferd]

I had to laugh at the idea of someone taking along a designated armed driver when you decide to go out drinking at night.

I actually did all the time in college. Most my friends carried. A few of them drank. Although we couldnt carry in bars (Michigan), we could carry in alcohol-serving restraunts. So if we were going out to eat people decided before hand whether or not they wanted to have a drink while they were there, and we always made sure that at least one person was on gun duty.

good times.

[East_TN_Patriot]

If I am out and decide to have a drink, I just lock the pistol up in the car. I never drink to the point of intoxication (literally 1 beer with dinner), so I see no significant risk in doing that. The risk involved is no worse than sitting at home drinking a beer with my entire gun collection nearby. I totally get the "alcohol and guns don't mix" argument, but let's be realistic here. One or two drinks doesn't suddenly turn someone into an inebriated stark-raving lunatic. If it did, there would be literally millions of shootings every year.

[Erik88]

I totally get the "alcohol and guns don't mix" argument, but let's be realistic here. One or two drinks doesn't suddenly turn someone into an inebriated stark-raving lunatic. If it did, there would be literally millions of shootings every year.

I agree. And some states actually allow CCW holders to drink while carrying to a certain point. It hasn't seemed to be an issue in those states. I'm happy with the laws we have now though. I don't care to drink while I'm carrying.

[Guest 270win]

Yes, each individual is different. Some shouldn't drive, handle machinery, etc. after a drink, while some are ok. That is why DWI laws have the .08/.10 limit and then also have a deal where you can be arrested for DWI even if not at .08/.10 where you are obviously intoxicated acting, swaying, sluring words because some people may be at .05 (possibly two drinks).

Driving, dangerous equipment, etc. is each person's call if within the laws after having a drink with say a meal. It is true that some states do not have laws against people having drinks while carrying handguns in bars/restaurants open to public as long as that person is not intoxicated. There are probably more of those states than the states that don't allow it. I can think of Texas, Arkansas, Louisiana, Mississippi, Alabama, Florida off the top of my head that do not have laws against having a drink in a restaurant while carrying a handgun. Now you get drunk/intoxicated whatever it is called in that state, that is a different story. You are in deep trouble and rightly so.