• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Having a drink or two while carrying

Mlutz

Regular Member
Joined
Feb 26, 2010
Messages
758
Location
, ,
I looked into handgunlaw.us, and it states carrying into a "class b" in Iowa is ok, so thats taken care of. However, 724.4C Possession or carrying of firearms while under the influence. States,

"A permit issued under this chapter is invalid if the person to whom the permit is issued is intoxicated as provided in section 321J.2, subsection 1." (http://www.legis.iowa.gov/DOCS/ACO/IC/LINC/Chapter.724.pdf)

So move to 321J.1

"321J.2 Operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more (OWI).
1. A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state in any of the following conditions:
a. While under the influence of an alcoholic beverage or other drug or a combination of such substances.
b. While having an alcohol concentration of .08 or more.
c. While any amount of a controlled substance is present in the person, as measured in the person’s blood or urine."
(http://thompsonjustice.com/2008/02/for-your-reference-iowa-code-§321j2-owi/)

Lets not get into the "if you should" drink and carry, I would like to hear the "if it is legal" to do so. I would like to think a drink or two with a meal would be legal... But, it says in section a, "While under the influence of an alcoholic beverage " so one would think that means even one sip renders your permit invalid. Then sub section b goes on to say, "While having an alcohol concentration of .08 or more." This would seem to mean that sub section a says with ANY alcohol in your system, even a .01, would mean you are commiting an OWI. Sub section b says it needs to be .08 or higher. I am a bit confused, thoughts?
 

amaixner

Regular Member
Joined
Mar 26, 2008
Messages
308
Location
Linn County, Iowa
In short, a permit to carry weapons is valid as long as you BAC is under 0.08. This has come up before, and "under the influence" is defined in the code somewhere, I don't know exactly where. Just like it is illegal to operate a motor vehicle on a public roadway while "under the influence."

Department of Public Safety said:
All carry permits and permits to acquire pistols or revolvers are invalid when the permit holder is intoxicated. This is defined as any one of the following:
1) while under the influence of an alcoholic beverage or other drug or a combination of such substances,
2) while having an alcohol concentration of .08 or more, or
3) while any amount of a controlled substance is present in the person, as measured in the person's blood or urine.
 
Last edited:

Tucker6900

Regular Member
Joined
Jul 10, 2008
Messages
1,279
Location
Iowa, USA
While I fully advocate open and concealed carry of firearms, I do however caution people to be seen drinking while carrying. Although we as individuals know that what we are doing is legal, the only concern I share with the anti's is drinking while carrying. All I ask is that you continue to be a responsible citizen while carrying and drinking.
 

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
Location
Okanogan Highland
Have a beer with dinner, not a problem, go to a bar to drink...leave the car and gun at home. Much less problem that way. Even a long cab ride is cheaper than a DUI.
 

vermonter

Regular Member
Joined
Oct 5, 2006
Messages
340
Location
, ,
I know I will get flamed for this... Alcohol impares judgement. 3 beers certainly impares you more then 1, but any imparement while carrying in not acceptable. I would not want an impared, but otherwise lawful carrier making situational decisions in a restaurant where my family was seated. For those that drink and carry b/c your state has no law against it I say this.... You are the reasons restrictions are passed on to the rest of us, not the libtards! Sometimes we are our own worst enemies. If you have even one drink put the pistol away until one hour has passed IMHO. We have to be self-policing or others will do it for us by way of added restrictions.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
I know I will get flamed for this... Alcohol impares judgement. 3 beers certainly impares you more then 1, but any imparement while carrying in not acceptable. I would not want an impared, but otherwise lawful carrier making situational decisions in a restaurant where my family was seated. For those that drink and carry b/c your state has no law against it I say this.... You are the reasons restrictions are passed on to the rest of us, not the libtards! Sometimes we are our own worst enemies. If you have even one drink put the pistol away until one hour has passed IMHO. We have to be self-policing or others will do it for us by way of added restrictions.

Flamed, no.

But, would you also push for the same when operating a motor vehicle, that even being seen having one beer means you can't drive? I hope so. Not because I think you are right, but you should be consistent at least. After all, driving is OPERATING a dangerous machine. Having a drink while carrying is merely POSSESSION of a dangerous device (though the same could be said for your steak knife next to you while you have those two glasses of wine in the restaurant.)
 

amaixner

Regular Member
Joined
Mar 26, 2008
Messages
308
Location
Linn County, Iowa
In short, you may only legally carry if you could legally drive. I also believe that if someone can't be trusted enough to carry at .07, they can't be trusted to carry at .00 -- my personal opinion.

Note also, that several sheriffs expressed concern about the fact that they can not compel a alcohol test from someone carrying (as they may with someone driving). Apparently there is no "implied consent" when carrying, and therefor you do not have to take any kind of unwarranted alcohol test.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
...Note also, that several sheriffs expressed concern about the fact that they can not compel a alcohol test from someone carrying (as they may with someone driving). Apparently there is no "implied consent" when carrying, and therefor you do not have to take any kind of unwarranted alcohol test.

Driving is a licensed activity.

Open carrying in most places is not.
 

Tucker6900

Regular Member
Joined
Jul 10, 2008
Messages
1,279
Location
Iowa, USA
They were referring to permit carry. There is technically no prohibition on having a .20 while legally carrying in a manner for which no permit or license is required.

The .08 rule is better than what it was before Shall Issue. If the Sheriff did not put any restrictions on your permit, you could legally have as many drinks as you like, and still be legal. Thats something alot of people do not know.
 

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
Alcohol impares judgement.

3 beers certainly impares you more then 1, but any imparement while carrying in not acceptable.

I would not want an impared, but otherwise lawful carrier making situational decisions in a restaurant where my family was seated..

... if you have even one drink put the pistol away until one hour has passed IMHO.

We have to be self-policing or others will do it for us by way of added restrictions.

Great points...one and all!
 

MuchoUno

Regular Member
Joined
Apr 23, 2012
Messages
10
Location
Iowa
I know I will get flamed for this... Alcohol impares judgement. 3 beers certainly impares you more then 1, but any imparement while carrying in not acceptable. I would not want an impared, but otherwise lawful carrier making situational decisions in a restaurant where my family was seated. For those that drink and carry b/c your state has no law against it I say this.... You are the reasons restrictions are passed on to the rest of us, not the libtards! Sometimes we are our own worst enemies. If you have even one drink put the pistol away until one hour has passed IMHO. We have to be self-policing or others will do it for us by way of added restrictions.

I trust that you give someone else control of your firearm for 1 hour after a drink, because you cannot be trusted not to retrieve it in a moment of impaired judgement. Safe assumption?
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
I know I will get flamed for this... Alcohol impairs judgement. 3 beers certainly impairs you more then 1, but any impairment while carrying in not acceptable. I would not want an impaired, but otherwise lawful carrier making situational decisions in a restaurant where my family was seated. For those that drink and carry b/c your state has no law against it I say this.... You are the reasons restrictions are passed on to the rest of us, not the libtards! Sometimes we are our own worst enemies. If you have even one drink put the pistol away until one hour has passed IMHO. We have to be self-policing or others will do it for us by way of added restrictions.
Then you must be consistent in your call to abrogate the right of self-defense in the home also until one hour has passed after the last adult beverage.

Definitions. 571.010. As used in this chapter, the following terms shall mean:

(11) "Intoxicated", substantially impaired mental or physical capacity resulting from introduction of any substance into the body;

Unlawful use of weapons--exceptions--penalties. 571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:

(5) Has a firearm or projectile weapon readily capable of lethal use on his or her person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or projectile weapon unless acting in self-defense;

http://www.moga.mo.gov/statutes/c571.htm
I understand that you are referring to 'restaurants', going out. But, the affects of any substance, alcohol in this case, that impairs 'judgement' is not limited to only going out.
 

Tucker6900

Regular Member
Joined
Jul 10, 2008
Messages
1,279
Location
Iowa, USA
I understand that you are referring to 'restaurants', going out. But, the affects of any substance, alcohol in this case, that impairs 'judgement' is not limited to only going out.

Good point. I think the point is......Dont do anything to impair your ability to think and react while your carrying a firearm.

I for one wish they would take that out of the current Iowa law. Yes we have a right to bear arms, but that right comes with great responsibility.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
From a practical perspective the "Don't do anything to impair your ability to think and react while your carrying a firearm." can not work.

No booze, no medication, no distractions, no normal (whatever normal for you is) life.

We are carrying a tool.

Sure, we need to be a little more vigilant, because a thug cop could be lurking around any corner. But that mind set, which I do not hold, is not about self defense but about mitigating any legal hassles, any inconveniences, potentially huge inconveniences to be sure.

Maybe the proper perspective is, we law abiding citizens are responsible for our actions. And leave it at that.
 

zekester

Regular Member
Joined
Mar 28, 2010
Messages
664
Location
Uvalde, Texas
I just have to chime in on this one, because the discussion went on forever on the Missouri thread..

I carry a weapon and I like to drink....I never OC while drinking, but CC is another story.

Just because I like to drink doesn't mean that I should not have the ability to defend myself, that said, explains why I never OC if I do drink. I don't need some idiot coming up to me and give me crap, even though I have a right to OC. A drunk will be the first person to challange you and possibly try to grab your weapon...(JMHO)

OC is second nature to me, like said above it is a tool, something that I carry everday without a second thought ( and sometimes it is almost TOO second nature). If I drink I CC and am more aware of what is going on, because I am going to do my best to stay out of situations that require me to defend myself. I am never looking for a confrontation whether OC or CC, but I think about my "tool" the entire time if I am drinking.

I be damned tho, if I cannot have the option to defend myself, out and about or in my home, just because I decided to have a few beers.

Missouri changed it's laws because a person was passed out drunk in his home. Police were called on a domestic dispute and charged him with possesion of a firearm while intoxicated. He did not have any weapons on him, they were just in his house. If the law was not changed, every hunter in Missouri would be charged on Friday night, even though they had all their weapons in a gun safe!!

If your state has a law about possession of a weapon while intoxicated, don't think for one minute that it does not apply to your home!

Had a few too many drinks...you own (POSSESS) weapons...you go to jail!!

If the PoPo wants you....they are going to get you!!

Z

Just to make this clear...I am not condoning drinking and carrying..It is my choice...and legal right to do so....I do advocate however, that regardless of what condition you may be in, if you are an American Citizen,(Drunk, High, Black Panther, KKK, Al Queda, Morman, Christian or Jew) you have the right to defend yourself, especially in your own home!!!

Let the bashing begin!!!
 
Last edited:

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
To ALL Whom are Concerned:

There are States, Including Mine in Georgia, that ALLOW a Person to Drink Alcohol while that Person is Carrying a Firearm.

Iowa is also a State that Allows a Person to Drink Alcohol while Armed with a Firearm so as long as The Person does NOT have a Blood-Alcohol Content at or above .08%.

With that having been said..., it is a Personal Choice to Drink Alcohol while Armed with a Firearm, BUT it may NOT be a Good Idea, Especially in some Places.

Also..., there are a lot of People who would Assume, Erroneously, that Drinking Alcohol while Armed with a Firearm is Illegal, and that may or may not be True, Depending on which State that The Person with The Firearm is in, or Depending on whether or not The Person is from a State that does NOT Allow that Conduct and The Person Assumes, based on that Persons' Previous State of Residence, that that Conduct is Prohibited Everywhere, when, in Fact, it is NOT.

aadvark
 
Last edited:

zekester

Regular Member
Joined
Mar 28, 2010
Messages
664
Location
Uvalde, Texas
To ALL Whom are Concerned:

Iowa is also a State that Allows a Person to Drink Alcohol while Armed with a Firearm so as long as The Person does NOT have a Blood-Alcohol Content at or above .08%.

aadvark

My point exactly, what stops the State of Iowa from knocking on you door and you possess firearms, but decided to have a few drinks, from charging you with possesion while intoxicated. Let say you neighbor is pissed cuz you are having a party, you have no firearm on you, but you have 12 guage leaning aginst your bedroom wall for protection.......guess what?.....you "are in possession of a firearm while intoxicated".....you go to jail!!!
 
Top