Ok, my Google-fu is failing me.
For my readers in various other states in the Union, if your state allows concealed or open carry of firearms, and if your state further allows those who are carrying firearms to also consume alcohol, please send me the chapter and verse of the appropriate law indicating this. I have already found the appropriate information for Louisiana, Nevada, Utah, and Kansas, but I am pulling a blank on other states. Even worse, a lot of states specify that firearms cannot be carried “while intoxicated”, but do not specify whether the definition of “intoxicated” in those cases is equivalent to the cases of operating vehicles while intoxicated.
(Note: The author of this post does not support or encourage the carrying of firearms while intoxicated/under the influence.)
Mass Allows permitted Conceal carry and open carry. (Note that permit CAN and has been revoked for lawful open carry due to our discretionary laws)
No law that prohibits carry in any establishment (posted or not) besides schools, and federal buildings.
Found this little number that should make your digging a bit easier:
http://www.attorneycohen.com/FIREARMS%20NEWSLETTER%20june%20revised.pdf
I wonder if Vermont even HAS a law on carrying while intoxicated, as they don’t appear to have ANY laws on carrying at all.
Maine and New Hampshire are also non-permitted open carry states, and permitted concealed carry. Both allow carry in bars and restaurants (tho there is a bit of a confusing law that I might have to re-read where a Maine “BAR” *I believe it’s one of the 51% jobs* can post a “No Weapons” sign on the front door and make it a felony to carry, but ONLY bars, and ONLY if posted is my understanding)
If I have a spare moment tonight I’ll see if I can dig them up for you.
Linoge,
Here are the applicable sections of the Texas Penal Code. Not sure if this is what you want:
§ 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER.
(d) A license holder commits an offense if, while
intoxicated, the license holder carries a handgun under the
authority of Subchapter H, Chapter 411, Government Code, regardless
of whether the handgun is concealed.
§ 49.01. DEFINITIONS. In this chapter:
(1) “Alcohol concentration” means the number of grams of alcohol per:
(A) 210 liters of breath
(B) 100 milliliters of blood
(C) 67 milliliters of urine
(2) “Intoxicated” means
(A) not having the normal use of mental or
physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or
more.
In Arizona you may carry concealed only in a restaurant that serves alcohol.
You may not drink.
A restaurant must derive at least 40% of it’s income from food service.
If a restaurant does not serve alcohol
I’ll look up related laws for carrying while intoxicated.
Sorry, hit enter too soon.
If a restaurant does not serve alcohol then you may carry open or concealed.
In addition a restaurant that serves alcohol may post a sign prohibiting carrying a gun. The sign must be a standard sign as specified in the law.
David, I’m not sure where you’re getting the 40% thing from. In AZ you can carry concealed in any establishment with a liquor license as long as it isn’t posted “no guns,” no matter the type of liquor license. Here is the appropriate bill. Anyway, it does specifically prohibit the consumption of alcohol while armed.
I can dig up cites later, but in WA you can carry in any establishment or portion thereof that isn’t age-restricted due to alcohol sales. So you can carry in Denny’s, as long as you don’t go into the lounge.
As far as alcohol consumption, I’ve been TOLD that it’s the same legal limit as for driving (0.08), but I don’t drink when I carry so I’ve never bothered to look it up.
Pennsylvania does not have any laws against carrying either in an establishment with an alcohol license, nor does it have any law against drinking or being drunk while in possession of a firearm. here in the free world, we only outlaw things that we want to be illegal. we don’t write laws to make things legal. the PA Uniform Firearms Act is here.
http://www.acslpa.org/pa_uniform_firearms_act.htm
note the complete lack of alcohol related laws.
In Idaho you can carry in a bar but:
Washington State law prohibits it in establishment that serve alcohol and have a 21 or older requirement.
Weer’d: MA’s laws on the topic are whacky… seem to boil down to “you could be in trouble if your BAC is 0.08 or higher or the arresting officer can convince the court you were intoxicated”. Not something I would want to test.
Bob: Yeah, Texas seems to fall under the same heading of strict definition plus situational interpretation.
David: That sounds a lot like what Tennessee had up until a few days ago.
Eseell: What does Arizona have to say about BAC/intoxication levels?
Aaron: Let me know if you can dig up the chapter and verse on it.
Sean: Given that I am writing from Tennessee (#7), and you from Pennsylvania (#20), you might want to be careful with that high horse.
That said, is there no mention at all, anywhere, in any code, of whether or not intoxication while carrying is illegal? I find that somewhat surprising.
Joe: Idaho also falls under the fast-and-loose definition heading… states definitely like those in laws, with good reason, I suppose.
All: Thanks for the input. I am specifically looking for states like Nevada, Louisiana, and Utah where carry is legal so long as you are below a 0.0# BAC, but this all was quite useful as well. Expect a post on this tomorrow or soon thereafter.
I searched through the Arizona Revised Statutes Title 13 (Criminal Code), Chapter 31 (Weapons and Explosives) and Title 4 (Alcoholic Beverages), Chapter 2 (Regulations and Prohibitions), but I could not find anything that regulates the possession of a firearm while intoxicated or otherwise impaired other than Section 4-244 Paragraph 31 which reads, “[It is unlawful f]or any person in possession of a firearm while on the licensed premises of an on-sale retailer to consume spirituous liquor.”
“That said, is there no mention at all, anywhere, in any code, of whether or not intoxication while carrying is illegal? I find that somewhat surprising.”
yeah, it seems surprising, but no one has ever thought to make it illegal. i guess that’s why i am always slipping in the blood of the innocents slaughtered in drunken bar shootouts. oh, wait. no, actually i am not. i wonder if maybe the professional whiners in the anti-gun world are lying? in any case, you may feel free to CC or OC in PA while drinking a beer in a public establishment.
the free states bit is a response to the assumption that there must exist a law to make something permissable, not a reflection of the relative freedom of Tennessee and Pennsylvania. The Brady Bunch rates PA as 10 out of 50 for restrictive gun laws, mostly on the strength of our required NICS (actually PICS) check and state purchase registry on pistols. that gets us 16 out of our total 26 points.
Eseell: Thanks for doing the digging… just like Pennsylvania, that falls under the “completely whacky” heading for me. I wonder what anti-rights advocates would do if they fully comprehended that one could apparently be roaring drunk and “packing” in AZ (though something tells me such situations fall under “threat to the public good” or something similar).
Sean: I was more approaching the law from the “it is illegal to be smashed and carrying” perspective, rather than the “it is legal to drink responsibly and carry” side. In any case, likewise, thanks for turning up the appropriate laws, or lack thereof.
All: It is looking like the megapost for this small bit of research is being pushed back until next week. Apologies.
I’m sure they’d find something to bust you with if you were actually drunk, but it’s not in statute. I, too, am surprised that this situation is not covered under “misconduct involving weapons.”
Wierd… In any case, thanks for doing the digging. I guess that would explain why I could not find any statutes or codes covering intoxication and firearms
.