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Discussion Starter · #1 ·
What is the actual law in Florida about drinking and concealed carrying. I might have one or two drinks when I go out and so I would like to know what is legal and what is not.
 

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I can't remember exactly what the law says but I do remember my ccw instructor saying its the same as the DUI statute. Maybe one drink is all you can have before you hit the limit.
 

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Florida 790.153 states that if you are involved in a shooting you may be subjected to an alcohol test. This test is to see if you are intoxicated. It does not say what that alcohol limit is however it is assumed that it is the same as a DUI limit. So the best course of action is to not drink when carrying. If you know your limit you might do it but I want any shooting I'm ever involved in to be clean and clear as possible.
 

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We all have our own personal limits when it comes to drinking and only we know when to say enough. Maybe one drink at dinner might be ok for some and for others not. We consider everything when we carry concealed so this should be another consideration one should take when carrying a Concealed weapon.
 

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well you can always have a light beer and drink it slow you will do 2 things not get drunk for one and save a few dollars:laughing
 

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I dont do either, but ID be careful .08 is the legal limit for DUI's
 

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I agree. It is better to not carry, get caught and pay the penalty than to carry, get buzzed, and get busted. Could be a pretty stiff penalty.
 

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This is why I love this place!!

I got curious and did some research and this is what I found .....


The 2007 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.

Now, with all that being said .... I never, repeat NEVER consume alcohol when I am carrying concealed.

First of all, I do not want to be handling a firearm when I have been consuming " adult beverages ".

Secondly, if I have to use my weapon, I want to be totally alert and hit what I am aiming at and NOT an innocent citizen.

Third, being an ex-LEO, I can tell you for sure that if you ever have to use your firearm, and the LEO's smell alcohol on your breath, you are in a world of hurt. If you do consume, and have to use your firearm, I HIGHLY reccommend that you answer NO questions and ask for your attorney immediately, you are going to need him.

So, my best advice about consuming alcohol and carrying a firearm ....

No Way, No How, No Ever.

Section 5 ( above ) has really got me stumped.

It appears that even if you are under the influence you have the right to exercise " lawful self-defense or defense of one's property."

BUT, I wouldn't suggest trying it, because even if you beat the criminal charge, there is always the civil lawsuit that can cost you ' mucho dinero '!

:thumsup
 

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

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Just found these sections .... I think this might answer some questions.

Title XLVI
CRIMES Chapter 790
WEAPONS AND FIREARMS

790.153 Tests for impairment or intoxication; right to refuse.--

(1)(a) Any person who uses a firearm within this state shall submit to an approved chemical or physical breath test to determine the alcoholic content of the blood and to a urine test to detect the presence of controlled substances, if there is probable cause to believe that the person was using a firearm while under the influence of alcoholic beverages or controlled substances or that the person is lawfully arrested for any offense allegedly committed while he or she was using a firearm while under the influence of alcoholic beverages or controlled substances. The breath test shall be incidental to a lawful arrest and administered at the request of a law enforcement officer who has probable cause to believe such person was using the firearm within this state while under the influence of alcoholic beverages. The urine test shall be incidental to a lawful arrest and administered at a detention facility, mobile or otherwise, which is equipped to administer such tests at the request of a law enforcement officer who has probable cause to believe such person was using a firearm within this state while under the influence of controlled substances. The urine test shall be administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such tests in a reasonable manner that will ensure the accuracy of the specimen and maintain the privacy of the individual involved. The administration of either test shall not preclude the administration of the other test. The refusal to submit to a chemical or physical breath or urine test upon the request of a law enforcement officer as provided in this section shall be admissible into evidence in any criminal proceeding. This section shall not hinder the taking of a mandatory blood test as outlined in s. 790.155.

(b) If the arresting officer does not request a chemical or physical test of the person arrested for any offense allegedly committed while the person was using a firearm while under the influence of alcoholic beverages or controlled substances, such person may request the arresting officer to have a chemical or physical test made of the arrested person's breath for the purpose of determining the alcoholic content of the person's blood or a chemical test of urine or blood for the purpose of determining the presence of controlled substances; and, if so requested, the arresting officer shall have the test performed.

(c) The provisions of s. 316.1932(1)(f), relating to administration of tests for determining the weight of alcohol in the defendant's blood, additional tests at the defendant's expense, availability of test information to the defendant or the defendant's attorney, and liability of medical institutions and persons administering such tests are incorporated into this act.

(2) The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as evidence in a criminal prosecution for the possession of a controlled substance.

(3) Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, information obtained pursuant to this section shall be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of s. 790.151 upon request for such information.

History.--s. 2, ch. 91-84; s. 1211, ch. 97-102.

790.155 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.--

(1)(a) Notwithstanding any recognized ability to refuse to submit to the tests provided in s. 790.153, if a law enforcement officer has probable cause to believe that a firearm used by a person under the influence of alcoholic beverages or controlled substances has caused the death or serious bodily injury of a human being, such person shall submit, upon the request of a law enforcement officer, to a test of his or her blood for the purpose of determining the alcoholic content thereof or the presence of controlled substances therein. The law enforcement officer may use reasonable force if necessary to require such person to submit to the administration of the blood test. The blood test shall be performed in a reasonable manner.
 

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Discussion Starter · #12 ·
I think when all is said and done, just don't do it. That way you can avoid the additional headaches if you have to defend yourself.
 

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(5) Seems a little out of place here, doesn't it?
 

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Section 5 ( above ) has really got me stumped.

It appears that even if you are under the influence you have the right to exercise " lawful self-defense or defense of one's property."

BUT, I wouldn't suggest trying it, because even if you beat the criminal charge, there is always the civil lawsuit that can cost you ' mucho dinero '!

:thumsup
It means just what it says. But you're right....I don't wanna be a test case!

Be aware, too, that here in FL, you are supposed to be immune from civil action resulting from a righteous act of self-defense (as of 2005).
:drinks
 

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(5) This section does not apply to persons exercising lawful self-defense or defense of one's property.
Basically in plain English ... I believe what it means is that the State of Florida has shown the wisdom to understand that even IF you are intoxicated, you have the right to defend yourself and your property AS LONG AS it is a LAWFUL shooting.

I think there should be a PS on that one though:

" P.S.: Make sure you have a VERY good lawyer as well. "

Best advice would be ... " If you carry, don't get too merry! " :rolf

Any opinions on this?
 

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I think it's an example of a poorly worded law, and it's going to need some test cases in the courts to give us all a better understanding.

The law pointedly states, "Don't use a firearm while under the influence--unless in lawful defense of yourself or your property." In my mind that leaves A LOT of room for interpretation.

Personally I don't think that, just because I have a beer or two, I have to give up my right of self protection. However, I also don't want someone who is "three sheets to the wind" walking around with a gun either. A line will have to be drawn somewhere, and the current statutes don't seem to do it.

Brian
 

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There are already so many laws on the books that do not work. You can not legislate someones behavior no matter how many laws we make. Common sense should be the law of the day. Use it or lose it.
 

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Actually, I think the law is pretty clear. There is no restriction on concealed carry related to how much alcohol you've had to drink. As long as you have your permit, you can have a BAL of 0.40 and carry (though you'll probably be unconscious). It may not be smart, but it's legal. However, except in cases of self-defense, you had better not pull it out your holster/pocket/etc. while you're drinking/drunk.
 

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Actually, I think the law is pretty clear. There is no restriction on concealed carry related to how much alcohol you've had to drink. As long as you have your permit, you can have a BAL of 0.40 and carry (though you'll probably be unconscious). It may not be smart, but it's legal. However, except in cases of self-defense, you had better not pull it out your holster/pocket/etc. while you're drinking/drunk.
Hmm, I don't think that would be a good idea.

The 2007 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.
I take this to mean, if you are out drinking and are under the influence of alcoholic beverages, and come into contact with LEO's for any reason, and they discover that you are carrying a firearm .... I see an arrest being made.

Now, here is where the law gets fuzzy .....

(5) This section does not apply to persons exercising lawful self-defense or defense of one's property.
So, if you are " under the influence of alcoholic beverages " .... then you cannot ..... " use a firearm in this state. "

By law, using a firearm means having .... " a firearm readily accessible for immediate discharge. "

But the law says you can "use a firearm" if you are " exercising lawful self-defense."

The ONLY time I would carry/use a firearm to defend myself is if I were at home having an adult beverage or two, someone breaks into my home and attempts to cause me serious harm or commit a home invasion. THEN I would use my firearm, no matter what my blood alcohol content is.

If I am out drinking at a party or somewhere other than a bar ( because I can't have it in a bar ) then I lock my firearm in the trunk.

The LEO's will have a lot of questions about my sobriety, why I had a firearm on me readily accessible for immediate discharge while I was drinking.

My Defense Attorney will argue that I was covered under 790.151 (5).

He better be a damned good attorney!!:eek:
 
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