Question about consuming alcohol while carrying

[CorpsVet]

A few days ago I was having lunch at a place that serves beer, but main item sold is food. There was a guy there eating lunch and although he was "carrying concealed" it was clear to me he had a revolver on his hip. He was having a beer with his lunch. I know it is OK to carry in such a place, but is it allowed for someone who is armed to consume alcohol in public?

 

[OKCHunter]

I don't know the law on this but I was under the impression that if you're under the legal limit to drive then you are okay to carry. Someone with specific knowledge should be along shortly.

 

[SMS]

Title 21-1289.9 says you can't carry while "under the influence of alcohol"...but doesn't define under the influence.

Unless I was in my home, I wouldn't want to have any alcohol in my system if I had to use deadly force...

 

[Commander Keen]

TITLE 21 § 1289.9 CARRYING WEAPONS UNDER INFLUENCE OF ALCOHOL
It shall be unlawful for any person to carry or use shotguns, rifles or pistols in any circumstances while under the influence of beer, intoxicating liquors or any hallucinogenic, or any unlawful or unprescribed drug, and it shall be unlawful for any person to carry or use shotguns, rifles or pistols when under the influence of any drug prescribed by a licensed physician if the after effects of such consumption affect mental, emotional or physical processes to a degree that would result in abnormal behavior. Any person convicted of a violation of the provisions of this section shall be punished as provided in Section 1289.15 of this title.
Any person convicted of a violation of the provisions of this section after having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act shall have the license suspended for a term of six (6) months and shall be subject to an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.

 

[bigfug]

I believe the older material covered it, the new version of the handbook seems condensed. If I remember, anything above a .00% BAC was illegal.

 

[OKCHunter]

Title 21-1289.9 says you can't carry while "under the influence of alcohol"...but doesn't define under the influence.

Unless I was in my home, I wouldn't want to have any alcohol in my system if I had to use deadly force...

Best advice right there.

 

[dennishoddy]

Title 21-1289.9 says you can't carry while "under the influence of alcohol"...but doesn't define under the influence.

Unless I was in my home, I wouldn't want to have any alcohol in my system if I had to use deadly force...

Agree 110%.

Just to have a little discussion about a "what If" not in the home.
What if one was with a non drinking spouse as a designated driver that is legally armed, and the other spouse spent the afternoon in the mall restaurant/bar while the other shopped at the mall.
you get out of the restaurant, walk to a parking lot, and get mugged with the non drinking spouse being the first one taken out. You reach for and get the spouses weapon while they are beating or have shot you and stop the fight. The fight ends with an attacker dead or wounded.

How is this going down in a court of law with our existing CC laws?

 

[tRidiot]

I believe the older material covered it, the new version of the handbook seems condensed. If I remember, anything above a .00% BAC was illegal.

Never seen this anywhere before. And you can have had absolutely zero alcohol in days and have a BAC over 0.00%. So I don't think that could hold up in a court, honestly, if they wanted to push it.


I don't carry if I'm drinking, but I have left it in the car and am essentially "in possession" after having a couple of beers out at dinner with my wife or whatever. I figure most cops aren't going to get too irritated about it if I explain I stopped for dinner and had a couple of beers, but was conscientious enough to remove and secure my firearm in my locked vehicle before going inside the restaurant.

But I have personally never seen anything more specific than "under the influence" described. I'm thinking the same standard OUGHT to apply as driving a motor vehicle - meaning they'd need to demonstrate you were impaired via a roadside test. I don't know if it's been enough of an issue to be really brought to light in caselaw.

Any of our OSA attorneys mind pointing out any relevant caselaw without giving specific advice, of course?

 

[leemozoid]

One word. Don't. Can you imagine the field day an attorney would have if you were to end up is a situation where you legally used your concealed weapon and had a BAC above .00%?

 

[Perplexed]

And you can have had absolutely zero alcohol in days and have a BAC over 0.00%.

How so? Use of mouthwash that contains alcohol? What if you're a life-long teetotaler?