I disagree. There’s a difference between having a couple of drinks and “drinking”. If you’re good to drive, you’re good to carry.
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Not in WI. Any amount of alcohol while in possession of a firearm is illegal. If caught, you will be charged.
Is the $5-10k in legal fees really worth “a couple drinks”?
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Thank You!
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I can remember several years ago I was asked to pull over at a roadblock and asked to step out of my vehicle. I told him I was armed at which his partner relieved me of my weapon. He said he smelled alcohol and would I blow in his portable breathalyzer which I did. I blew 0. He then asked me to do some field sobriety tests which I refused. I asked why are you asking me to do that when I blew nothing? (I blew in that thing 3 times with the same results). He said that the breathalyzer is not 100% accurate. I said I’ll wait on my attorney then. Then he said I could go but I could pick up my weapon the next day at the Sherriff Dept. Again I said no you will give it to me now or I will continue to wait on my attorney. (My attorney is a friend and I had texted him already). After another 10 minutes of yee yawing they returned my weapon and I was free to leave. I had no alcohol that night nor was there a smell of it. LEOs use that “smell” as probable cause to take a stab in the dark. Beware if you have “a couple” and carry.
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I would never even drink one beer if I was carrying. That’s why I only drink martinis. If it was good enough for 007, it’s good enough for me.
(Just joking for those among you lacking a sense of humor.)
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I declare HERESY! As I clutch my pearls…
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No drinking alcohol at all when carrying ji
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An aspect to consider is that having any alcohol in your system is going to come up in any subsequent civil or criminal case. You may not be charged criminally, but you should expect a civil suit from the “victim” or their family. The standard of proof in a civil case is lower and arguing that alcohol impaired your judgment will be easier. Alcohol and firearms don’t mix.
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The problem with our Wisconsin law ‘Going Armed While Intoxicated’ is that the state never defined what was considered to be intoxicated in this matter. Shortly after the shall issue CCW was passed, one county DA said that he wanted an arrest for this no matter how low the level was so he could try and force caselaw to interpret the statute. I don’t know about you, but I don’t want to be a guinea pig put through the system to correct an error made by the legislature.
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Why Drinking, Guns and a Cat don’t Mix
https://fox11online.com/news/state/woman-using-guns-laser-sight-to-play-with-cat-shoots-friend
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I live on 17 acres so does my neighbor, however I believe he has nepoleon syndrome . He tells me if i do anything out back (my house is toward the front of the property) like riding my side by side, skeet shooting, hunting, … etc… I should let him know… when we were still talking he’d constantly tell me I shouldn’t mow the grass in my fields. He also hints to the other neighbors that “If I was you… I’d complain to him about that. (I know this because they’ve come over & repeated his exact words) Therefore, whenever I feel like having a few beers I make sure I’m unarmed. Why do people have to act like this ???
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Yeah. A fishing expedition. I ran into people that couldn’t pass a FST even though they were not under the influence. Then I ran into people who were and could nail the FST. You smell like booze and fail the horizontal eye nystagmus test and have a suspicious driving pattern we are going for a ride. The folks I took in using that standard always came back on their blood/urine/breath test as being over the legal limit.
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That’s how I interpreted the law I quoted above, if they can prove you had even 1 they have a case that you violated the law and will push that as hard as they can to get you.
Putting it in your car won’t be enough in MD transporting a firearm after drinking is a crime, if they can prove you were drinking, I’d expect charges when they find the firearm. I quoted a MD law above and while not a lawyer the way I read that law is alcohol + firearm = jail period.
I was in PA recently shortly after getting my non-resident permit. I happened to go out to lunch while I was out and carrying, and checked on the USCCA site for the laws regarding drinking while carrying. From what I can tell, there’s really no limit at all. I would think there’s some law that would come into play in the event of a weapon being drawn/brandished or discharged, but otherwise, it doesn’t seem there’s any limit to how much you can drink while carrying in that state.
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I still wouldn’t do it. I’m sure that a determined prosecutor would find a way to interject your “alcoholic content” into the court record.
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Not to mention the Civil Suit fallout. Not hard to argue negligence if the shooter has alcohol in their system. Guns and booze don’t mix. You might get a pass on the criminal charge but waive goodbye to a nice chunk of your assets.
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I’m not disagreeing in the sense that it’s not worth the risk of going through such a lawsuit, but I’m wondering how much that has mattered in actual lawsuits. If I’ve had one drink and I shoot an innocent bystander in a justifiable defensive situation, and I’m sued by the bystander’s family, I’d hope that my attorney can make an effective argument that 1) my impairment was negligible, and 2) that no one is a perfect shot and there would have been the possibility of hitting the bystander if I had consumed no alcohol at all. I think that would sound reasonable to me as a juror. In fact, if consumption is not illegal, I’d think a good attorney would prevent the suit from getting far enough if that’s the only basis.
Again, I agree with the advice, just curious about the actual legal implications.
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Any trial before a jury is a roll of the dice. I’d rather not have alcohol in my system be an issue. Remember a Civil Suit has a lower standard of evidence. A Preponderance of Evidence versus Guilt Beyond a Reasonable Doubt. Civil Jury decisions don’t have to be unanimous. In some states it takes 9 of the 12 to burn you. I don’t drink away from home but thats the way I roll.
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I also used to have a beer or so with dinner in the day. But penalties increasing over the years that was one strike against it. 15 years ago I became a CCW then I also looked at from that angle also. After that for all intents and purposes i quit drinking. With that I will add that at times on back deck or grilling I may have a couple long necks. So I guess more or less don’t drink while out. 
Freedom of choice is a right. Choose wisely
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