Legal question

Deleted

Varies state-by-state.

Inside of most city limits its probably a no.

If I’m going to raise hell with friends in the bar, I’ll leave my gun at home.

If I’m out having a drink with dinner or at home sippin brew, I have my gun with me.

Smart man.

As others have said, varies by state. Most places usually prohibit being intoxicated while armed. What constitutes intoxication also varies by state.

That said, common sense rules the day.

Exactly. It falls under the Clint Eastwood rule.

A man’s got to know his limitations. :wink:

What would your blood alcohol level be if a cop ask you to take the breath analyzer test?

Might depend on where you live.

In Texas or Oklahoma or Louisiana…that might fly but in NY, NJ, MA, MD or CA…you could be in real trouble.

-brickboy240

That will vary by each state, IA has the limit being the same as .08 just like a drunk driver, if working for a department I know mine says you violate policy if you consume any alcohol while carrying your back up rig or off duty rig even if not legally intoxicated.

however being on your own property could throw some exclusions. however if you had to use it and when leo’s arrive and they smell or think you have been drinking you are going to get tested and those results will be in the police report. If you are not intoxicated that would be good if you are it could violate your states laws.

Best thing to do is some research and if you are friendly with an officer or deputy ask them to look into it for you.

Of course the drive home. . . . . . . . driving home while snockered is ok. . . :suicide2:

In this state, the BAC limit for exercising the rights of a Permit to Carry is .04 (driving is .08). However, on your own property here, you’re not exercising your rights under PTC. You always have a right to be armed on your own property whether you have a PTC or not. Therefore, BAC has no bearing – in Minnesota anyway, you can be roaring drunk on your own property, carrying a gun, and be legal.

In my home state it says this :

Sec. 53-206d. Carrying a firearm while under the influence of intoxicating liquor or drug prohibited. Hunting while under the influence of intoxicating liquor or drug or while impaired by the consumption of intoxicating liquor prohibited. (a)(1) No person shall carry a pistol, revolver, machine gun, shotgun, rifle or other firearm, which is loaded and from which a shot may be discharged, upon his person (A) while under the influence of intoxicating liquor or any drug, or both, or (B) while the ratio of alcohol in the blood of such person is ten-hundredths of one per cent or more of alcohol, by weight.

I think as others have mentioned, common sense rules the day. If you think you shouldn’t be driving, you definitely shouldn’t be carrying.

The statue in my state simply says "No person, while intoxicated, shall carry or use a firearm or dangerous ordinance…person found guilty of this section is guilty of a 1st degree misdemeanor. My problem with this is that what defines possession? Ive seen cases where it is easily accessible. In that case if im drinking in my own room and the gun is 20 feet away, its still possession to some people…I understand to never leave my own property with a gun if im intoxicated or to drink while having a firearm, but on my own property…:confused:

Like others have stated, it varies from state to state.

In the two states I carry the most in…

NV = As long as your BAC is below 0.10, you can legally possess/carry a firearm. [NRS 202.257]

CA = There are no laws that prohibits consuming alcohol or being intoxicated and possessing/carrying a firearm. However, due to the “may issue” CCW system, consuming alcohol or being under the influence or being in an establishment that serves alcohol for consumption while carrying is grounds to have your CA LTC permit revoked.

in Missouri you can be rip shit wasted and still carry anywhere. If you use it in a legit self defense shoot you are ok. If you have an ND or other jack assery happens with your gun while you are drunk you will be in big time shit.

This law was re-written I think in 2011 because the old law, the way it was written, made it a felony to be in your own house with a gun and be drunk even if your gun was locked in a safe. I dont think it was a law that was every actually enforced, but it was a really poorly written law and was cleaned up quite well.

That doesnt mean I condone drinking heavily and carrying a gun, but in Missouri its completely legal.

How many of you have a zero tolerance policy for yourself? As in if you are going to have just one beer the the gun comes off.

How many of you are okay with carrying and having a beer?

I am usually a zero tolerance for myself but have once or twice had a beer with dinner while carrying.

That doesn’t appear to be correct. I don’t believe there is any state that allows carry while intoxicated. The difference is in if there is a presumptive level of intoxication for the purpose, and what the level is.

From Missouri Revised Statutes… “Acting in self defense” would be an immediate act of necessity for self defense, not carrying for the possibility of same.

[i]

Unlawful use of weapons–exceptions–penalties.
571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:

(5) Has a firearm or projectile weapon readily capable of lethal use on his or her person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or projectile weapon unless acting in self-defense;
[/i]

Im ok with having a beer but if it turns into more, which it almost always does, i go and leave the gun in the car. Often i’ll take it apart too…just in case.

Sent from my DROIDX using Tapatalk 2

I believe that MN you are limited to half the legal driving limit, so .04 BAC…anything under that you are okay to carry. Not sure if that pertains to private property though.