A Couple beers

[bkj]

My son is getting ready to take a CHL class. As he has a habit of stopping for a beer or two I mentioned that would have to stop when he is carry.

He then asked a couple questions

If he locks the gun in a lock box under the trucks seat would that be legal?
I told him no but I would ask around to be sure

Does the no alcohol apply to having a gun in the truck if you are not a CHL holder?
This one I do not know

[Captain Matt]

If he locks the gun in a lock box under the trucks seat would that be legal?

No. If he's intoxicated it's illegal to drive, even if he doesn't have a gun.

[WildBill]

If he locks the gun in a lock box under the trucks seat would that be legal?

No. If he's intoxicated it's illegal to drive, even if he doesn't have a gun.

... has a habit of stopping for a beer or two ... ?

This kind of question brings chills to my spine.

[Bunkins]

It probably wouldnt be a good idea to have a gun anywhere near him if he's pulled over, it will just make the situation much worse. It's a good idea to make it a rule that no firearms are to be around when alcohol is around. If I go to a bar, which is very very rare, the gun stays at home even if I dont drink ( which I also rarely do ). If your pulled over coming out of a bar, with a firearm even if you didnt drink a drop of alcohol it could possibly make the situation tence. So it's just best that the firearm stays at home.


Many many many people stop after work to grab a few beers. There is nothing at all wrong with that as long as your not intoxicated when you leave. I dont think I'd be so quick to pass judgement when ya dont know the whole story..

[anygunanywhere]

The alcohol and carrying issue has been discussed many times on this forum.

IMHO, if an individual has to ask if what he is doing with alcohol then the individual is not an adult that has their priorities straight when it comes to carrying a firearm and drinking adult beverages. A habit of stopping for a few beers on the way home is a habit that needs some serious attention when it comes to carrying a handgun.

I certainly hope your son takes a serious look at what he is doing before he decides to carry. Actions have consequences and these are serious.

Anygunanywhere

[Fangs]

If he's good to drive (legally), he's good to carry.

One or two beers, depending on his weight, should be ok.

I was told in my class that there was a "zero alcohol in system" law. The members of this forum informed me that "intoxicated" for driving is the same as for carrying.

Being legally under the limit and thinking you can make it home are two different things.

[Oldgringo]

The alcohol and carrying issue has been discussed many times on this forum.

IMHO, if an individual has to ask if what he is doing with alcohol then the individual is not an adult that has their priorities straight when it comes to carrying a firearm and drinking adult beverages. A habit of stopping for a few beers on the way home is a habit that needs some serious attention when it comes to carrying a handgun.

I certainly hope your son takes a serious look at what he is doing before he decides to carry. Actions have consequences and these are serious.

Anygunanywhere

Well said. Alcohol does not mix well with either gasoline or gunpowder.

[Captain Matt]

Many many many people stop after work to grab a few beers. There is nothing at all wrong with that as long as your not intoxicated when you leave. I dont think I'd be so quick to pass judgement when ya dont know the whole story..

I agree but the bottom line is intoxicated is intoxicated. Some people make a big deal that there's no lower limit to intoxicated for CHL but there's also no lower limit to intoxicated for DWI. See the A definition of intoxicated in 49.01 and notice the "or" between A and B.

[Bunkins]

I agree but the bottom line is intoxicated is intoxicated. Some people make a big deal that there's no lower limit to intoxicated for CHL but there's also no lower limit to intoxicated for DWI. See the A definition of intoxicated in 49.01 and notice the "or" between A and B.

This is why I dont do it You can be on Nyquil and be considered intoxicated. Basicly if you on any substance that affects your judgement blah blah blah etc. etc., dont get caught with a firearm. Not a good idea to operate a motor vehicle either while under the "influence" either.


It's up to the OP's son to decide if he wants to take that chance or not. Hopefully takes my advice, if alcohol is around, the guns need to be put away ( at home, in a safe, whatever, but not on or near your person ).

[srothstein]

Well, I guess I may ruffle a few feathers here, but I kind of read this differently. The son is getting a CHL and his father told him he needs to stop carrying or stop drinking. The way i read it, the father (sorry, bkj) actually had some wrong info and was spreading the old fallacy of no alcohol at all when carrying. The son asked for more clarification not ways around the law.

I really do not see the problem with a person asking for more information on the way the law works and is applied. This is not immature, even if it concerns alcohol. I do see it as immature if it was someone looking for ways around a law, but this is not what I read into the original post.

Now, having said all of that, I have to agree with most that drinking and carrying [abbreviated profanity deleted] not mix, even with one drink.

[boomerang]

This is why I dont do it You can be on Nyquil and be considered intoxicated.

Good point. I wonder if the people who argue against someone having even one beer while carrying also unload and lock up their home defense guns when they take a sick day and stay home and put Nyquil or other drugs into their system.

[ErnieP]

How would your son feel about a law enforcement officer drinking on duty? Probably think it was not a good idea. Why? Because the law enforcement officer by virtue of his/her position, may be called upon to exercise critical judgment, that in the case of a shooting, would require the best ability of the officer.

Okay, right, your son is not a law enforcement officer, and neither are the majority of CHLs. That said, when we choose to carry, we equip ourselves to protect ourselves and our families. Should the need arise to do that, isn't it equally logical to expect that we would not put ourselves in a position of compromised ability? Just because you can do something, doesn't mean it is the right thing to do.

Bottom line, if you drink, don't carry.....for the sake of you, your family, and the rest of us who day in and day out try to sway public opinion to being comfortable with concealed carry.

[NcongruNt]

bkj: Others may disagree with what I am about to say, including you.

I have never been a big drinker myself. But I have done my fair share of partying and drinking, both before and after receiving my CHL. Whenever I am going out with friends and I know we are going to be drinking, the gun stays home, period, end of story. No compromises, no "what if's", and no "how can I get away with it and still be technically legal?" I don't want a gun anywhere near me if I end up having to defend myself and I have been drinking. I will say this one thing, and hopefully you might agree and can pass it on to your son:


If you have to ask if you are legal when drinking, then you don't belong carrying a handgun. Your priorities are not where they need to be.


Please do not allow him to have a gun on him if he has a habit of stopping for "1 or 2" beers. Not only for his own safety, but for the safety of everybody around him. If he has to use it in self defense, it is going to be very hard to keep him out of jail if he has been drinking. He is not grown up enough if he has to ask questions on how he can be legal and still stop for some beers.

I am going to disagree. I am also not a big drinker - in fact I average less than one month.

I have no issue with a CHL stopping to have a beer or two. For a normal person, that will not cause intoxication unless the drinks are chugged in short succession. Even then, it would take a person who weighs considerably less than 100 pounds drinking two "light beers" in quick succession to break .08 BAC, according to the online BAC I'm reading ( http://www.ou.edu/oupd/bac.htm" onclick="window.open(this.href);return false; ). Alcohol affects people differently, and intoxication could be at a lower BAC for some people. In your description, stopping and having a couple of beers over the period of an hour or two is not a recipe for impairment or intoxication. Your son needs to understand the gravity of the use of alcohol, but I'm not going to join the folks that think this is a terrible idea.

I'm going to disagree strongly with Rusell's statement: "I don't want a gun anywhere near me if I end up having to defend myself and I have been drinking." If I have to defend myself, I want a gun as close as possible. I do not drink to excess, or really what most would consider moderation. The most I ever have is 2 drinks in one sitting, and even then it is only when I am eating and/or staying for a couple of hours at minimum. Generally, I have one drink - when I do drink. The fact that I enjoy something to drink with friends should not deprive me of my most effective tools for self-defense. I'd much sooner have to defend myself in court and be well within my rights than be dead and have the tragedy of my death at someone else's hands weigh on my family and loved ones for the rest of their lives. I have intimate first-hand experience dealing with the consequences of a family member's inability to effectively defend herself against a violent, heinous, and deadly crime. I will not have that kind of tragedy hang over the hearts of my loved ones if there's anything I can do about it, and am determined to go about armed and prepared to defend myself whenever possible and within the bounds of the law.

I will say that you should advise your son to behave responsibly. You know him better than any of us can speculate. If he lives responsibly and a "couple" really does mean one or two, then I see no issue with him carrying to and from whatever establishment he has chosen. I also see no issue with him holstering back up when he returns to his vehicle. If he is not intoxicated and can legally drive, then he's just as good to carry.

[boomerang]

How would your son feel about a law enforcement officer drinking on duty? Probably think it was not a good idea.

You know the law against carrying while intoxicated only applies to CHL not LEO.

If they (the legislature) really believed that guns and beer don't mix, they would have made it a Class A misdemeanor for everyone to carry a handgun while intoxicated (peace officers, special investigators, bodyguards, etc.) instead of making it illegal only for someone with a CHL.