Alcohol + Handgun: Hypothetical Question

[crossfire]

if I have to wonder what might happen to me if I am found with a gun I pretty much don't go.

 

I don't mind a beer or two and some .22 plinking here at the estate.  Crucify me if you must.

The first line sums it up for me. :up:

 

Your house, your rules. :bow:

Edited June 30, 2015 by crossfire

[crossfire]

Scenario 1:  I drink two beers at home, then about an hour later I get into my truck with my handgun for a quick run to Lowes. I am stopped, given a breathalyser test because alcohol is smelled on my breath, but the results show that the content in my blood is below the legal limit for driving. Is there a problem due to my handgun?

 

Scenario 2: Same as the first, but instead of being stopped, I shoot someone in the Lowes parking lot in clear self defense. I am assuming that in this case, I am sure to lose the likely lawsuit at best and found guilty of manslaughter at worst.

 

I'm not much of a drinker but I enjoy an occasional beer and am curious.

 The OP may want to visit this thread from a couple years back

http://www.tngunowners.com/forums/topic/67715-is-it-okay-to-drink-while-carryinghandling-guns/?hl=%2Bdrinking+%2Band+%2Bshooting#entry998213

[prdunson]

Law basically says no comsumption while carrying....no consumption means none not even a sip but that's just me

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[jgradyc]

Law basically says no comsumption while carrying....no consumption means none not even a sip but that's just me

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Could someone provide a link to this law, please? When I last looked this up, I don't remember it reading like this.

[DaveTN]

Could someone provide a link to this law, please? When I last looked this up, I don't remember it reading like this.

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 substance or controlled substance analogue.

(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.

I would guess he’s giving his interpretation of the law for him personally (since he says "But that's just me"). It’s the same as mine. The law doesn’t use words like “impaired” or “intoxicated”, there is no .08% BAC presumption point of impairment as there is for driving.

“Under the influence” That means it’s pretty much whatever the cop can articulate in front of a Judge. Also, if Tennessee were to put a BAC limit on it, it would be something below .04% because that’s where they say you are too impaired to drive a commercial vehicle.

I don’t drink at all and drive. I don’t carry a gun and drink for some the same reasons, one is its irresponsible, another is that I am very familiar with the fact that cops and the courts are intolerant of drivers that drink; I would bet the same holds true for people carrying guns when their drinking has come to the attention of the Officer. But that’s just a WAG, I don’t know that.

There may also be case law on this....does anyone know if there is? Edited August 29, 2015 by DaveTN

[Jonnin]

I think you slightly misunderstood what I was saying. If your gun handling becomes unsafe due to alcohol impairment, you are unsafe with either the gun by itself or you are unsafe with the alcohol by itself. I recommended figuring out which one it was and eliminating that. The implication was more along the lines of folks having more of an issue with alcohol than they think.

 

I liked most of what you said here but booze reaction time / reality distortion kick in fast and are the primary cause of drunk driving incidents from my understanding of it.   The distortion affect makes the car seem to be going slower than it really is.  So you know you are a bit into your bottle, but your impaired judgement tells you you are fine to drive,  then you get in there and see that 35 zone and 50 feels about like 30 to you but you want to get on home so you decide that 40-45 is better so you are now doing 60, 70 down a 35 mph road.  And your reactions are slowed.  You whip around a corner into a tree (see that one a lot with drunks).  Or you whip around the corner and cut into oncoming traffic, see that one a lot too.  ETC.   Its got very little to do with fine motor control ... they find the GAS pedal just fine and steer pretty well considering their inappropriate speeds on curvy roads.  Its the reaction time and distorted speed sense that get them into trouble.

 

Someone can correct me if I am wrong.

Laughably pot has the reverse effect.   These are the people doing like 20 in a 35.  Thankfully they should pull over at the first food stop.

Edited August 29, 2015 by Jonnin

[DaveTN]

Someone can correct me if I am wrong.

You are correct; however you are describing what happens when you are beyond the point of presumed legal impairment.

At very low BAC levels things start to happen that influence your actions; not simply your reactions.

http://www.cdc.gov/motorvehiclesafety/impaired_driving/bac.html

.02%
* Some loss of judgment
* Relaxation
* Slight body warmth
* Altered mood* Decline in visual functions (rapid tracking of a moving target)
* Decline in ability to perform two tasks at the same time (divided attention)

.05%
About 3 alcoholic drinks*** Exaggerated behavior
* May have loss of small-muscle control (e.g., focusing your eyes)
* Impaired judgment
* Usually good feeling
* Lowered alertness
* Release of inhibition* Reduced coordination
* Reduced ability to track moving objects
* Difficulty steering
* Reduced response to emergency

[BlackHawk93]

All good points but in all likelihood, ANY reason to diminish justification in todays society what with all the "guns kill people, people don't kill people" bs being thrown around, will be held against you. If not by the law then by a civil lawsuit. Just like a good friend of mine who had an unfortunate accident where a guy on a bicycle cut in front of him and was seriously hurt. There were witnesses and even the cyclist said he was wrong. But because he had a cold and had a small amount of codeine from the cough syrup in his blood he was charged. It's just not worth it these days. Everyone judges us based on our beliefs already. I wouldn't want to have to face that situation if it ever came up. 

 

On another note, I saw a bumper sticker the other day that said "Guns don't kill people, Drivers with cellphones kill people". Wish I could find where one of those were sold. So true

[Oh Shoot]

 

On another note, I saw a bumper sticker the other day that said "Guns don't kill people, Drivers with cellphones kill people". Wish I could find where one of those were sold. ...

 

http://www.amazon.com/Bumper-Sticker-People-Drivers-Phones/dp/B00Q67N2U6

 

http://www.zazzle.com/guns_dont_kill_people_drivers_with_cell_phones_do_bumper_sticker-128937383862150659

 

need a tee shirt?:

 

http://www.ironhorsehelmets.com/guns-dont-kill-people-drivers-with-cell-phones-do-biker-t-shirts/

 

- OS

[TMF]

Know your limitations.  I would think that any amount of alcohol in your system will be something looked at in an SD shoot, especially if there are aggravating factors.  No two cases are the same, so it's impossible to predict what impact it would have.

 

I have a beer almost every day with lunch when I'm home.  I know my limitations, and I know how much I can drink before I feel any effect.  This one beer does not prevent me from operating a motor vehicle or carrying a weapon.  Some say it's bad to drink even a drop, but let us be realistic; does a drop of beer cause any adverse effect?  The issue with alcohol is most folks don't identify their limitations.  Some people can't have just one drink.  Some people are impaired after just one drink.  For some people, a "couple of beers" is a six pack.  Each individual is responsible for knowing their limitations and acting accordingly.  If you know you're the type who will drive and carry a firearm while impaired, staying home after you drink should be your answer.

Edited September 3, 2015 by TMF

[Dolomite_supafly]

Alcohol tends to exaggerate most things. Actions, personality as well as emotions.

 

If you are dangerous without alcohol then you are going to be more dangerous with alcohol. And it doesn't really matter what it is you are doing. If a person is a dangerous driver then alcohol will only exaggerate it and the same thing can be said for any other activity you might do while under the influence. Carrying a firearm, mowing your lawn, swimming, and it can even make sex dangerous.

[TMF]

... and it can even make sex dangerous.

 

Dangerously awesome, you mean.

[Chucktshoes]

[MountainDewed]

I think I stated this in my hello thread, not sure but I have yet to own a handgun due to the fact that I love to drink...a lot. Ever since I was a teen I drank...a lot. Now, in my mid 40's and quit a year and half ago, I have this ever growing desire to own a gun and once I get moved  settled, take a class or two and into my new place, I will purchase my first handgun.

 

   From watching the firearm classifieds daily on here, it has a high chance to come from one of these TGO members as they are always fare in every manner.

 

   My point is that I never felt comfortable even thinking about owning a gun in my previous condition and it actually surprises(dunno if word i am looking for) me now that I look back that this was the main reason I never wanted to own a gun. Surprises me in that I was responsible that way, just to be somewhat clear. 

 

  Actually kind of interesting typing this out even... as it has me think back at how irresponsible I was except for the gun/alcohol mix or not mixing I should say,

[crossfire]

I think I stated this in my hello thread, not sure but I have yet to own a handgun due to the fact that I love to drink...a lot. Ever since I was a teen I drank...a lot. Now, in my mid 40's and quit a year and half ago, I have this ever growing desire to own a gun and once I get moved  settled, take a class or two and into my new place, I will purchase my first handgun.

 

   From watching the firearm classifieds daily on here, it has a high chance to come from one of these TGO members as they are always fare in every manner.

 

   My point is that I never felt comfortable even thinking about owning a gun in my previous condition and it actually surprises(dunno if word i am looking for) me now that I look back that this was the main reason I never wanted to own a gun. Surprises me in that I was responsible that way, just to be somewhat clear. 

 

  Actually kind of interesting typing this out even... as it has me think back at how irresponsible I was except for the gun/alcohol mix or not mixing I should say,

Been there, done that. It's been over 35 years with no alcohol for me. Even in my drinking days I had enough sense not to mix the two, and I had  guns. Your last sentence sums it up. :up:

Edited September 19, 2015 by crossfire

[Will Carry]

    You cannot say that because a person has a couple of beers that they forfeit their right to defend themselves.  That just ain't right. You can say that you cannot carry a handgun in public after you have had a couple of beers. So you have to answer one question (do you feel lucky?) or...Is there anything at Lowes that you need bad enough to risk getting busted over? I don't drink often, but when I do, I stay on the porch. in my boxer shorts, with my western leather rig, singing "Rippy I aye Ki aye!" Which is why I don't drink often....

[Shepherd Master]

16.5 years sober. 

 

I don't worry about it.......anymore.