[Twolimes]

Quick scenario:

I am at a restaurant, sitting in the restaurant section (not the bar section).

I am carrying a concealed firearm.

I decide I want to order a beer.

- If I order the beer and drink it with the firearm still concealed on me, have I committed a crime?

- If I go and put the gun in my car before I drink the beer, then drive somewhere with the gun in the car (at this point, assume that I am NOT above the legal limit of being DUI), have I committed a crime?

What's the best thing (legally) to do in this scenario?

Thanks!

:smack

 

[T.S.]

Quick scenario:

I am at a restaurant, sitting in the restaurant section (not the bar section).

I am carrying a concealed firearm.

I decide I want to order a beer.

- If I order the beer and drink it with the firearm still concealed on me, have I committed a crime?

- If I go and put the gun in my car before I drink the beer, then drive somewhere with the gun in the car (at this point, assume that I am NOT above the legal limit of being DUI), have I committed a crime?

What's the best thing (legally) to do in this scenario?

Thanks!

:smack

The answer to both questions would be " no ", with a BIG " but " attached to that answer.

This is one of those, what is the definition of " when affected to the extent that his or her normal faculties are impaired, " is.

Best rule of thumb, if you go out to " imbide " on " Adult Alcoholic Beverages ", don't carry.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC151.HTM&Title=->2008->Ch0790->Section%20151#0790.151

The 2008 Florida Statutes

Title XLVI
CRIMES Chapter 790
WEAPONS AND FIREARMS

790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.--

(1) As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

(2) For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand.

(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5) This section does not apply to persons exercising lawful self-defense or defense of one's property.

History.--s. 1, ch. 91-84; s. 1210, ch. 97-102.

 

[GlockComa]

I agree with Tampa :thumsup BUT if I'm only having a beer or three, over a period of time, I'm not disarming.

In lamens terms: Drinking a beer in public does not disqualify you from carrying. Being stupid-drunk does.

 

[Twolimes]

ok, thanks!

 

[NkmG19]

I will have a single beer with dinner at a restaurant and that's my limit when I'm carrying. I want to stay far within the law and also have my awareness level as sharp as possible when out in public. Keep in mind that everyone's tolerance is different when it comes to alcohol, so know your limits.

 

[Rvrctyrngr]

I agree with Tampa :thumsup BUT if I'm only having a beer or three, over a period of time, I'm not disarming.

In lamens terms: Drinking a beer in public does not disqualify you from carrying. Being stupid-drunk does.

Well actually, not quite. Being 'stupid-drunk' and carrying (holstered) is not illegal. The issues arrives when you put it in your hand.

Not advocating getting hammered and carrying a firearm...merely speaking to the letter of the statute.

Short answer: If your drinking and simply carrying, you're not breaking FL law (yet).

 

[Jimceleb]

Would the same be true for prescription medication or is this a completly different issue?

 

[MPDC66]

Think about it. Alcohol not only impairs your reflexes, it impairs your reasoning. So do some prescription drugs. IF you always think in terms of staying as alert and reflex quick as possible, you know the answer to the question.

Sure, some people claim that they drive better after a couple of drinks. We also should know that claim is totally false! The difference between carrying and driving is action. Carrying is like sitting in the car, engine off. Once you start the engine (draw the weapon) it is a whole different story.

Know the difference between FEELING good and actually BEING in good shape. Yep, tolerances differ but everyone is effected by a drink or three. Some more than others but everyone is effected.

 

[Glock23-4-Me]

http://www.flsenate.gov/Statutes/ind...20151#0790.151

The 2008 Florida Statutes

Title XLVI
CRIMES Chapter 790
WEAPONS AND FIREARMS

790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.--

(1) As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

(2) For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand.

(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5) This section does not apply to persons exercising lawful self-defense or defense of one's property.

History.--s. 1, ch. 91-84; s. 1210, ch. 97-102.
quote]


IMHO that statute is poorly written. It says its illegal but in the same statute it says that its not. Its says that it does not apply if you are exercising lawful self-defense, which is the only reason you should be using your firearm to begin with. So you can be hammered off your : censored but if you use the firearm for lawful self-defense then your fine. I think it is just another crime to tack on to your bad deeds if you were to use the firearm for non lawful self defense. Cause that is illegal under a different statute and this would just add another charge. Again not smart but if your plastered and shoot someone for "lawful self-defense" you have not broken the law. At least the one cited above.

 

[fuzzy03cls]

Solved that problem... I don't drink.
But I would say it's fine as long as your not using your gun for unlawful purposes.

 

[T.S.]

Would the same be true for prescription medication or is this a completly different issue?

790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.--

(1) As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

(2) For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand.

(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5) This section does not apply to persons exercising lawful self-defense or defense of one's property.

Not knowing what Prescription Medication you are talking about, I am simply going to post the link, and you can check yourself to see if your med is listed.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0893/SEC03.HTM&Title=->2008->Ch0893->Section%2003#0893.03

Title XLVI
CRIMES Chapter 893
DRUG ABUSE PREVENTION AND CONTROL

893.03 Standards and schedules.--The substances enumerated in this section are controlled by this chapter. The controlled substances listed or to be listed in Schedules I, II, III, IV, and V are included by whatever official, common, usual, chemical, or trade name designated. The provisions of this section shall not be construed to include within any of the schedules contained in this section any excluded drugs listed within the purview of 21 C.F.R. s. 1308.22, styled "Excluded Substances"; 21 C.F.R. s. 1308.24, styled "Exempt Chemical Preparations"; 21 C.F.R. s. 1308.32, styled "Exempted Prescription Products"; or 21 C.F.R. s. 1308.34, styled "Exempt Anabolic Steroid Products."

(( Click on link for the loooooong list of medications listed in this section. ))

 

[CJP]

http://www.flsenate.gov/Statutes/ind...20151#0790.151

The 2008 Florida Statutes

Title XLVI
CRIMES Chapter 790
WEAPONS AND FIREARMS

790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.--

(1) As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

(2) For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand.

(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5) This section does not apply to persons exercising lawful self-defense or defense of one's property.

History.--s. 1, ch. 91-84; s. 1210, ch. 97-102.
quote]


IMHO that statute is poorly written. It says its illegal but in the same statute it says that its not. Its says that it does not apply if you are exercising lawful self-defense, which is the only reason you should be using your firearm to begin with. So you can be hammered off your : censored but if you use the firearm for lawful self-defense then your fine. I think it is just another crime to tack on to your bad deeds if you were to use the firearm for non lawful self defense. Cause that is illegal under a different statute and this would just add another charge. Again not smart but if your plastered and shoot someone for "lawful self-defense" you have not broken the law. At least the one cited above.

--------------------------------------------------------------------------------

I think this means if you are sitting in your house having a few drinks and someone unlawfully enters your house you can exercise the castle doctrine.

 

[PaulJ]

I think the intend of the law is clear: Don't drink and carry. However, in case of self defense, the fact that you had to defend yourself doesn't change based on your intoxication.

However, one thing this law does not do: If you think you had a reason to defend yourself, but the reason didn't exist (it was just the result of being intoxicated), you are still going to jail. If you defend yourself, and you miss because you are intoxicated and hit an innocent bystander, you are probably going to go to jail as well.

 

[Jimceleb]

Not knowing what Prescription Medication you are talking about, I am simply going to post the link, and you can check yourself to see if your med is listed.

Thanks for the link TampaSSGT. Much appreciated.:drinks

 

[Buckley]

If you are drinking and shoot anyone, even the BG, your actions, decision making, and capacity will be questioned in both the criminal and civil arenas. Be careful.

 

[T.S.]

790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.--

(1) As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

(2) For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand.

(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5) This section does not apply to persons exercising lawful self-defense or defense of one's property.

IMHO, I believe section (5) was added to protect the law-abiding citizen who is setting at home, having beers or alcoholic drinks, then an intruder breaks into his home and he has to use a firearm in " self-defense or defense of one's property."

Section (5) does not make an action described in section (3) legal and an individual who is out drinking, becomes intoxicated " to the extent that his or her normal faculties are impaired, " and posseses and uses a firearm in said condition, is in fact in violation of the law.

 

[daytona]

I wouldn't drink at all, lets say god forbid you use your gun and have ANY kind of blood alcohol reading i bet that would be used against you. In Fla .08 is over and thats only a couple of drinks.

 

[SGB]

I wouldn't drink at all, lets say god forbid you use your gun and have ANY kind of blood alcohol reading i bet that would be used against you. In Fla .08 is over and thats only a couple of drinks.

790.157 Presumption of impairment; testing methods.--


(a) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

(b) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

(c) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, that fact shall be prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

 

[Steve48]

Section (5) does not make an action described in section (3) legal and an individual who is out drinking, becomes intoxicated " to the extent that his or her normal faculties are impaired, " and posseses and uses a firearm in said condition, is in fact in violation of the law.

Possesses and uses, yes. But I agree with Hesevil on this. Section 3 doesn't forbid mere possession.

 

[T.S.]

Possesses and uses, yes. But I agree with Hesevil on this. Section 3 doesn't forbid mere possession.

Oh, I agree with that as I said in my original post:

Originally Posted by TampaSsgt

Originally Posted by Twolimes
Quick scenario:

I am at a restaurant, sitting in the restaurant section (not the bar section).

I am carrying a concealed firearm.

I decide I want to order a beer.

- If I order the beer and drink it with the firearm still concealed on me, have I committed a crime?

- If I go and put the gun in my car before I drink the beer, then drive somewhere with the gun in the car (at this point, assume that I am NOT above the legal limit of being DUI), have I committed a crime?

What's the best thing (legally) to do in this scenario?

Thanks!

The answer to both questions would be " no ", with a BIG " but " attached to that answer.

That BIG "but" is, if you are going to "imbibe", and by law NOT be able to use your concealed carry, then why carry it in the first place if you are going to drink?