HCP and Alcohol

[Guest waldo]

First let me say that I am not looking for advise on how you should not drink and shoot. I am curious as to the actual law.

Edited November 20, 2010 by waldo

[Punisher84]

First let me say that I am not looking for advise on how you should not drink and shoot. I am curious as to the actual law. Last weekend I went to our property and shot most the afternoon and drank a FEW cold ones. No were near drunk. Three beers in a 5 hour period. My question is what would happen if I got stopped on the way home. Let's say I was about .03. If it is illegal, would I be OK if I unloaded it and put the ammo in the back and gun in the front just like if I did not have a permit. Would like to hear from some LEO's if you would use discretion. Do you have to be over the legal limit?

The only laws that address it are the restaurant carry "cannot consume" law and I believe it says you cannot carry impaired. Impaired doesn't mean .08. If you're stumbling,slurring, or smell like booze you're going to find yourself in trouble I'd wager.

Whether you wanted to hear it or not you probably would have been better off not mentioning shooting and drinking. I don't care how few you've had or what your tolerance is, I wouldn't want to be around anyone who is drinking and actively handling a firearm. That's for after the guns are put up. It's really that kind of activity and admission that gives us a bad rep when we try to get laws like restaurant carry passed.

[mikegideon]

Nothing against the law about transporting a firearm when you're drinking AFIK. If you're carrying it as if you don't have a permit, then you're not armed, you're transporting.

[DaveTN]

Yes it is against the law to be under the influence and carry a handgun. There is no .08 requirement.

.08 is a legal presumption of being too impaired to drive.

[Guest Guy N. Cognito]

I certainly wouldn't want to associate with anyone who thinks it's wise to shoot and drink. That's a recipe for disaster.

[LagerHead]

The only laws that address it are the restaurant carry "cannot consume" law and I believe it says you cannot carry impaired. Impaired doesn't mean .08. If you're stumbling,slurring, or smell like booze you're going to find yourself in trouble I'd wager.

Whether you wanted to hear it or not you probably would have been better off not mentioning shooting and drinking. I don't care how few you've had or what your tolerance is, I wouldn't want to be around anyone who is drinking and actively handling a firearm. That's for after the guns are put up. It's really that kind of activity and admission that gives us a bad rep when we try to get laws like restaurant carry passed.

Well said Punisher. Drinking a beer is great. I obviously am a big fan of it. But if you can't wait to get home to have a beer, well...It's just not worth it. I'll leave it at that.

[Guest bkelm18]

Drinking, driving, and firearms? That's the apocalypse right there.

[Guest tnxdshooter]

I feel dude should have his permit revoked. I would want mine revoked if I started drinking and playing with guns.

[Guest TargetShooter84]

^Agreed

[deerslayer]

First let me say that I am not looking for advise on how you should not drink and shoot. I am curious as to the actual law. Last weekend I went to our property and shot most the afternoon and drank a FEW cold ones. No were near drunk. Three beers in a 5 hour period. My question is what would happen if I got stopped on the way home. Let's say I was about .03. If it is illegal, would I be OK if I unloaded it and put the ammo in the back and gun in the front just like if I did not have a permit. Would like to hear from some LEO's if you would use discretion. Do you have to be over the legal limit?

After three beers in five hours, you would probably be more like .06, depending on your size. You don't have to be "over the legal limit" to get a DUI. The officer may or may not let you go. I have a feeling that he/she would be less inclined to let you go if you were also carrying. So, the short answer is that you don't have to be "over the legal limit" to get a weapons violation and help ruin it for the rest of us.

[Oh Shoot]

I feel dude should have his permit revoked. I would want mine revoked if I started drinking and playing with guns.

^Agreed

Oh, lighten up dudes. 3 beers in 5 hours, shooting out in the country somewhere. Big whup.

People are more impaired from a bad night's sleep.

AND, it's not even illegal, per se.

The driving part is what nixes it, though. Not wise to get stopped for something and smell like alcohol period, and/or be packing too.

- OS

[aquaman67]

Here's 7 pages of answers.

http://www.tngunowners.com/forums/handgun-carry-self-defense/35069-armed-under-limit.html

[titan14]

Oh, lighten up dudes. 3 beers in 5 hours, shooting out in the country somewhere. Big whup.

People are more impaired from a bad night's sleep.

AND, it's not even illegal, per se.

The driving part is what nixes it, though. Not wise to get stopped for something and smell like alcohol period, and/or be packing too.

- OS

+1000

It always cracks me up when this kind of question comes up...most don't answer the question....they just put on their "holier than thou" hats and act like they've never done it.

[Punisher84]

+1000

It always cracks me up when this kind of question comes up...most don't answer the question....they just put on their "holier than thou" hats and act like they've never done it.

I haven't ever done it. I've never gotten trashed and taken the motorcycle or car for a spin either. If the OP had said "I went shooting, then had a beer at the end of the day with my friends, then left. Was I ok to carry?" I'd have said IME if you weren't impaired then yeah you're fine. Call it "holier than thou" if you want. I'm not saying the guy should go to jail or anything. I'm just saying I wouldn't be around ANYONE who is drinking and handling firearms.

[Oh Shoot]

... I'm just saying I wouldn't be around ANYONE who is drinking and handling firearms.

Well, I guess a little snow or smack would be out of the question too.

Man, this younger generation shore is square.

- OS

[titan14]

I haven't ever done it. I've never gotten trashed and taken the motorcycle or car for a spin either. If the OP had said "I went shooting, then had a beer at the end of the day with my friends, then left. Was I ok to carry?" I'd have said IME if you weren't impaired then yeah you're fine. Call it "holier than thou" if you want. I'm not saying the guy should go to jail or anything. I'm just saying I wouldn't be around ANYONE who is drinking and handling firearms.

With your "holier than thou" attitude....yeah...i called it that AGAIN...i don't want to be around you... period.

[Guest HvyMtl]

"Last weekend I went to our property and shot most the afternoon and drank a FEW cold ones. No were near drunk."

Ok. So, you were drinking AND shooting? IF so. Bad form. Unsafe? Yep. Very. Disconnected your Common Sense, I see.

So, if you were under the influence and had a mis-fire, or "oops" and had a gun go off when you did not expect it, and injured someone, do you think for one instance the Cops and Prosecutor will let you slide?

Nope. You would be used to "make a statement," and they would be gunning for you to go to prison for the maximum. And kiss your HCP good bye, too.

Sadly OS, we ALL must be square, or risk becoming the Poster Boy for the Anti's.

Drinking and Driving does not mix, for the obvious reasons.

Firearms should NEVER be handled while drinking. PERIOD. It is unsafe, foolish at best, and can lead to mistakes which can easily end someone's life. Far easier and quicker than Drunk Driving...

Now, if you shot for a bit, left your firearm unloaded, slide open, and did the proper set up for transporting, BEFORE drinking, good. IF you did this AFTER, you need to rethink your safety measures. And don't do that again. Ever.

Do not let, "I didn't mean for this to happen," "It was an accident," or the like, be your statement to the Cops after the fact...

Congrats, you may have committed a misdemeanor. And had your fun been interrupted, by Cop, you probably would have lost your permit for 3 years, too.

http://www.michie.com/tennessee/lpext.dll/tncode/1203e/12a89/12de8/12e6c?f=templates&fn=document-frame.htm&2.0#JD_39-17-1321

Edited November 20, 2010 by HvyMtl

[Garufa]

How about prescription drugs? Half the country's on them. Is it OK to handle a gun after swallowing a nerve pill?

[Guest HvyMtl]

Sadly, the law I posted to, says "any controlled substance." How clear as mud is that?

[mikegideon]

How about prescription drugs? Half the country's on them. Is it OK to handle a gun after swallowing a nerve pill?

A nerve pill, just like a beer, will turn you into a complete retard. That's why we have the laws. Happy meals are very dangerous as well, especially after having a beer.

[Oh Shoot]

...Is it OK to handle a gun after swallowing a nerve pill?

Sadly, the law I posted to, says "any controlled substance." How clear as mud is that?

A nerve pill, just like a beer, will turn you into a complete retard. That's why we have the laws. ...

What's a "nerve pill"? Xanax, anti-depressant, Thorazine, morphine?

First, a controlled substance is one listed in the five classification schedules of the Federal Controlled Substance Act.

Second, isn't having a prescription for even one that is listed there at least an arguable exception to "intoxication"?

- OS

[mikegideon]

What's a "nerve pill"? Xanax, anti-depressant, Thorazine, morphine?

First, a controlled substance is one listed in the five classification schedules of the Federal Controlled Substance Act.

Second, isn't having a prescription for even one that is listed there at least an arguable exception to "intoxication"?

- OS

I haven't seen many prescriptions that would get you intoxicated if they're followed. With that said, I've seen folks face down in the dinner plate when they went too deep into their bottle of Xanax.

[Oh Shoot]

I haven't seen many prescriptions that would get you intoxicated if they're followed. With that said, I've seen folks face down in the dinner plate when they went too deep into their bottle of Xanax.

Dunno, I've got old bottles of Oxycodone and Hydrocodone, both say one or TWO every four hours. After 4 of them at about hour 5, I probably shouldn't be doing much of anything that's very serious at all.

- OS

[Punisher84]

With your "holier than thou" attitude....yeah...i called it that AGAIN...i don't want to be around you... period.

That's cool. I like to fraternize with people who have common sense anyway. Not sure what you do for a living, but I see on a daily basis what stupidity and alcohol mixed together alone accomplish. Add a gun or a vehicle and I don't want to be anyway near unless it's to prevent it.

[mikegideon]

Dunno, I've got old bottles of Oxycodone and Hydrocodone, both say one or TWO every four hours. After 4 of them at about hour 5, I probably shouldn't be doing much of anything that's very serious at all.

- OS

I've worked on those kinds of dosages. They don't really mess me up. Nothing like alcohol.