From that link:
"Carrying a firearm while substantially intoxicated by alcohol or another drug is a gross misdemeanor, punishable by several weeks to months in jail and possibility of revocation."
Doesn't say you can't drink alcohol.
From that link:
"Carrying a firearm while substantially intoxicated by alcohol or another drug is a gross misdemeanor, punishable by several weeks to months in jail and possibility of revocation."
Doesn't say you can't drink alcohol.
I would say that 21-1272.1 states:
Provided further, nothing in this section shall be interpreted to
authorize any peace officer in actual physical possession of a weapon
to consume low-point beer or alcoholic beverages, except in the
authorized line of duty as an undercover officer.
Where
TITLE 21 § 1289.9 CARRYING WEAPONS UNDER INFLUENCE OF ALCOHOL
It shall be unlawful for any person to carry or use shotguns, rifles or pistols in any circumstances while under the influence of beer, intoxicating liquors ...
The fact that the same Title, 21, uses two different terms consume and UNDER INFLUENCE OF ALCOHOL tells me that having a glass of wine with dinner is fine, unless you are a LEO that is not undercover.
This is an interesting read about 21-1272.1.
https://www.casemine.com/judgement/us/5914b702add7b0493477c817
Provided further, nothing in this section shall be interpreted to
authorize any peace officer in actual physical possession of a weapon
to consume low-point beer or alcoholic beverages, except in the
authorized line of duty as an undercover officer.
Where
TITLE 21 § 1289.9 CARRYING WEAPONS UNDER INFLUENCE OF ALCOHOL
It shall be unlawful for any person to carry or use shotguns, rifles or pistols in any circumstances while under the influence of beer, intoxicating liquors ...
The fact that the same Title, 21, uses two different terms consume and UNDER INFLUENCE OF ALCOHOL tells me that having a glass of wine with dinner is fine, unless you are a LEO that is not undercover.
This is an interesting read about 21-1272.1.
https://www.casemine.com/judgement/us/5914b702add7b0493477c817
I don't necessarily disagree bit consider the fact that "Under the influence" in this instance doesn't have a stipulated Blood Alcohol Content (BAC) to be considered "Under the influence". That being said, if you are stopped and LEO smells alcohol on your breath and you are carrying, is it really an argument you can win on the side of the road?
My position and the advice I give to those who go through my classes is that it's just not worth the risk/hassle to test it.
My position and the advice I give to those who go through my classes is that it's just not worth the risk/hassle to test it.
I do not really drink anyway, my father was a drunk. However, I will have a glass of wine with dinner. If I am armed, I will not drink any alcoholic beverages. I do not think it is illegal to have a glass of wine, depending on the size of the glass, but I consider it irresponsible to drink if you are armed. Also, since I have had a gastric sleeve surgery I get a buzz off of a drink of wine.
I think "on the side of the road" argument does not really fit, because they would be taking to get a blood alcohol test for driving Under the influence, anyway.
Read the the category titled "restrictions on carrying handguns" under the category titled "carrying firearms in public".
It says there "handgun permit holders may not carry while consuming alcoholic beverages".
That's why I asked if the link is credible and said it stated you can't drink and carry clearly.
In essence, no Wikipedia is not what I would base my legal stance upon. However, you can't go wrong if being more conservative than necessary. The relevant state law is what is important, not the judgement of those who write Wikipedia articles. If they're not directly quoting the law, it's not solid, in my opinion.
<edit> And there are no citations on that paragraph, as there are in the paragraph above it. So... take it for what it is. An internet article.
I will try to look through the SDA again and see if I can find the relevant sections, besides what was posted in post #5. IF I get time at work - as of late, that's a big if.
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