Geaorgia LEO question-carrying in a restrausnt

[03hemi]

The question is, in GA, is an individual subject to arrest if they are a CCW while eating dinner and consuming one beer? The law below copied from the GA carry law, states as long as said person is not under the influence to the "extent" that operating such weapon is unsafe. Simply put, am I at risk for arrest for having a beer (1) while eating dinner while carrying?

Possession and/or discharge of a firearm while under the influence

It is against the law to be in possession of firearm while engaged in hunting and fishing activities or discharge a firearm while under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm except in the defense of life, health, and property;

It is also against the law to discharge a firearm while engaged in any shooting activity while under the influence of alcohol or any drug or any combination of alcohol and any drug.

It is NO defense to violation of this law even if you are legally entitled to use such a drug (prescription). (16-11-134, 27-3-7)

 

[Boamac]

I believe most would interpret that as meaning any alcohol consumption. if you've even had one beer, you're technically under the influence.

That's how I see it, therefore, I don't carry if i'm going to drink at all.

 

[OKFC05]

I'll give you the answer I always gave when doing CHL classes (in more than one state).
1. If you engage in behavior that brings you to the attention of LEO and gives them probable cause that you are engaging in illegal/dangerous activity, the officer may detain/arrest you as necessary.
2. If you read the laws in your state related to firearms and do not understand them, the safest recourse is to retain a qualified lawyer to advise you. My opinion, the cop on the beats opinion, your opinion do not matter when you are brought into court. IANAL

My opinion (which carries no weight in court) is that if you are behaving yourself and your firearm is concealed, there is scant possibility an officer in the area would pay any attention to you; why would he?

However, I know one person here in rural Oklahoma who had her usual couple of beers after work, was stopped for erratic driving, and was NOT legally drunk. She had taken some prescription cold medicine that interacted with the alcohol, and the judge found her impaired by the combination. She lost her driver's license, carry license, was sentenced to mandatory rehab, and was fired from her job.
So I never drink ANY alcohol while carrying.

It is also against the law to discharge a firearm while engaged in any shooting activity while under the influence of alcohol or any drug or any combination of alcohol and any drug.

 

[tops]

Possession and/or discharge of a firearm while under the influence
/QUOTE]

I am not a judge or a lawyer and I know this will step on toes but....In my opinion a person that can't eat a meal without drinking a beer is really under the influence of alcohol. Larry

 

[Comrad]

So watch that rum cake for dessert and careful with the wine vinegar on the salad.

I'm going out on a limb here and saying if the limit is .08 like here in my little slice of heaven in NJ then as long as you blow something less you're not under the influence.

Did I mention that I did stay in a Holiday Inn.

 

[Arik]

The way I read it is that if you have a beer and become sloppy drunk with loss of motor skills then don't drink and carry (as per this topic).

I could be wrong but I'm guessing that's in there for people who have half a Glas of wine during a full course meal or for religious purposes sometimes people drink a little wine.

 

[Old cop]

This is a mountain I'd rather not climb in court, regardless of how legal or not tipsy I was at the time. A good prosecutor can nail you to the slats if he/she chooses so why take the risk?

 

[Kid44]

Let me make sure I understand this correctly, you're having dinner, you are drinking a beer and you are "CCW"?? The way I understand CCW is that one of the C's stands for concealed. If that's case no one should know you are carrying anyway, not even an LEO. Just don't get drunk.

 

[Rpg]

Mixing booze and guns is a very bad idea.

If you need a beer at lunch in a restaurant, leave the gun at home. If you need a beer at home, lock the guns away first.

To me, this is just good judgment.

I've seen more than one person convicted of Driving While ability impaired whose blood alcohol reflected only one or two beers.

All it takes is the expert witness who testifies about the impairment resulting from one or two drinks, even when the result is less than the bac required for Driving Under the influence (.08).

 

[snuffy51]

In Tennessee, you can carry in restaurants that serve alcohol but cannot drink any. You can't carry anyplace that the main business is selling alcohol for on premise consumption or at a bar even in a big restaurant. Dining room only. There is a new bill being heard today in our state house that will make any private business legally liable for your safety and well being if the owner has posted no firearms allowed.

 

[Arik]

Mixing booze and guns is a very bad idea.

If you need a beer at lunch in a restaurant, leave the gun at home. If you need a beer at home, lock the guns away first.

To me, this is just good judgment.

I've seen more than one person convicted of Driving While ability impaired whose blood alcohol reflected only one or two beers.

All it takes is the expert witness who testifies about the impairment resulting from one or two drinks, even when the result is less than the bac required for Driving Under the influence (.08).

I get what you're saying but that wasn't the question. For instance, in Pa there is no law about restaurants or bars or how much money a place makes of off food vs liquor. However, they frown upon drunken carry.....as in over the limit, sloppy drunk. You can still carry in a restaurant or at a bar.

You have to know your limits, where you hang out and whom you have out with.

Why lock up your guns at home? Are they going to jump in your hand? Mine never have. Not once not even close. In fact they seemed to always be where they were left originally. Do you lock up all your knives as well?

For a bunch of people that scream at liberals that guns are inanimate objects and don't kill some sure are deathly afraid of them

 

[CQB27]

OP the answer is no. It is not a crime in Georgia to drink and carry with a permit. It is a crime to discharge a firearm if you are under the influence of alcohol and/or drugs to the extent that it is less safe for you to discharge a firearm (the standard used is the same for DUI) ...EXCEPT in the defense of life, health, or property.

Search OCGA 16-3-21 "Use of force in defense of self and others"
OCGA 16-3-23 "Use of force in defense of habitation"
OCGA 16-3-24 "Use of force in defense of property other than a habitation"
and OCGA 16-11-134 "Discharging firearms while under the influence of alcohol or drugs.

Edit to add: Georgia is a state that recognizes that a man minding his own business and enjoying a beer should never be made a criminal when another man decides to unlawfully threaten life, health, or property, and forces him to react.

 

[les.b]

In all my years of police work, no matter how drunk a person was, the most that I recall anyone admitting to drinking was "two beers". I'll bet other LEOs here had similar experiences. The moral is, that LEOs never believe what folks tell them... Why should they? So when I am out at say Olive Garden, and want a glass of wine with the meal, even though I know that it won't make me drunk, I usually let my Fiancée carry in her purse. That way it is there in case of an emergency, and not on my person. This very seldom happens, however, as now that I'm older, I don't indulge often. Either way, I don't like the thought of being far from a defensive weapon, especially when in public.

 

[okiegtrider]

... is that if you are behaving yourself and your firearm is concealed, there is scant possibility an officer in the area would pay any attention to you; why would he?

Exactly my take on the matter and what I tell anyone if asked. I truly believe that guns that are never seen, are never an issue.

 

[comtedeloach]

Probably should not carry and drink alcohol.

 

[The Big D]

Again...

Variations of this question have been posed repeatedly.

My answer stands: If you cannot control your actions whilst having an alcoholic beverage, perhaps you should not carry at all.

Be safe.

 

[DevilDog72]

Well......... I am a professional drinker, that's why I do my drink'n at home. Do not imbibe when out and about.

 

[reddog81]

It would appear that you knew the answer before asking the question given that you put quotation marks around the key word in the sentence.

I'd say sure an officer can arrest you for only having 1 beer and carrying if your actions would indicate you are "intoxicated". If the officer can tell that you've been drinking you've probably already had more than 1. Realistically any normal person is probably safe, but it's probably analogous to drinking and driving. What is the cutoff? For some it could be half a beer for others it might be 3. It's a judgement call for the officers and if your acting like a fool the officer probably isn't going to be lenient.

 

[SMSgt]

OP, the law you referenced applies to hunting and fishing, not eating in a restaurant. Look elsewhere as to carrying while consuming alcohol.

 

[CQB27]

OP, the law you referenced applies to hunting and fishing, not eating in a restaurant. Look elsewhere as to carrying while consuming alcohol.

The law the OP is referencing 16-11-134, is entitled "Discharging firearm while under the influence of alcohol and drugs" and applies no matter the location/activity. In other words it is not hunting and fishing specific, and doesn't mention the words "Hunting" or "Fishing".

Georgia has no law that prohibits a weapons permit holder from carrying a weapon and consuming alcohol, so I am not sure where else the OP could look. As far as carrying in a restaurant or bar, Georgia has no law that prohibits that either. Private business owners can prohibit weapons on their property, and ask someone legally carrying to leave. If the weapons carrier refuses to leave, it becomes a criminal trespass issue, not a violation of the weapons carry law.