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  1. #1

    Default Drinking while carrying

    Before I started carrying I used to enjoy a drink or two when I go out.

    Since road blocks have become much more common these days, I try not to indulge in intoxicating beverages if I have to drive. And if I'm in the mood for a scotch, ride hauling services have also made things much simpler.

    My question is: are the police allowed to breathalyse and search you if you're just a passenger in the back of an Uber?

    What would be the law enforcement procedure if you're suspected of carrying a FA under the influence of alcohol?

    Sent from my SM-N970F using Tapatalk

  2. #2

    Default Re: Drinking while carrying

    I stand to be corrected by any lawyers around here, but I believe the law differentiates between liquor and narcotics. Carrying a firearm whilst under the influence of narcotics is a crime, though I don't think this applies automatically to alcohol (the charge here would probably be negligence).

    Using a firearm for self-defense while intoxicated, for example, is not considered negligence, but you are automatically assumed negligent if you use a firearm while on narcotics even if in self defense.

    Just 2 cents. Sure someone else knows better.

  3. #3

    Default Re: Drinking while carrying

    Scratch that. Just looked at the FCA and it's pretty clear: "it's an offence...to handle a firearm under the influence."

  4. #4

    Default Re: Drinking while carrying

    Quote Originally Posted by WessonCountry View Post
    Scratch that. Just looked at the FCA and it's pretty clear: "it's an offence...to handle a firearm under the influence."
    What if you're not handling it? If the FA is concealed and carried on your body. Technically that isn't "handling".

    Sent from my SM-N970F using Tapatalk

  5. #5

    Default Re: Drinking while carrying

    Quote Originally Posted by beretta9mm View Post
    What if you're not handling it? If the FA is concealed and carried on your body. Technically that isn't "handling".

    Sent from my SM-N970F using Tapatalk
    I think possession counts as handling.

  6. #6
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    Default Re: Drinking while carrying

    Quote Originally Posted by WessonCountry View Post
    I think possession counts as handling.
    This has been addressed before. If your gun is in your holster, it's not handling.
    However, with the above said, I don't want to have to explain that to a cop...

    As to the questions about cops wanting to search you in an Uber.
    You can be drunk as a skunk as a passenger in a car. Buckled up of course.
    Why a copwould want to breathalyzer a passenger... Either ignorance or looking for an opportunity to try a bribe.

    Cops do have the right to search a vehicle, how many of those searches are for a valid reason, is another question. Also, unless directly asked or having your person searched, don't declare you are armed. It either makes you seem suspicious or grants a corrupt cop an opportunity.

    I'm no lawyer, so take this advise accordingly.

  7. #7

    Default Re: Drinking while carrying

    Quote Originally Posted by zguy View Post
    This has been addressed before. If your gun is in your holster, it's not handling.
    However, with the above said, I don't want to have to explain that to a cop...

    As to the questions about cops wanting to search you in an Uber.
    You can be drunk as a skunk as a passenger in a car. Buckled up of course.
    Why a copwould want to breathalyzer a passenger... Either ignorance or looking for an opportunity to try a bribe.

    Cops do have the right to search a vehicle, how many of those searches are for a valid reason, is another question. Also, unless directly asked or having your person searched, don't declare you are armed. It either makes you seem suspicious or grants a corrupt cop an opportunity.

    I'm no lawyer, so take this advise accordingly.
    Thanks for the input. You raised some good points.

    Would appreciate it if a lawyer in this group can advise this: Can cops legally confiscate your FA or even detain you just for showing signs of intoxication while in possession of your EDC (assuming that they are bribe- soliciting dudes that have searched you)?

    From what I've read on similar threads, there is a high likelihood that this case will be dismissed by the court due to the lack of clear definition of "under the influence". But bail and lawyer fees will easily cost more than the gun itself, and if they play the bureaucracy game, who knows when you'll get your gun back..

    Sent from my SM-N970F using Tapatalk

  8. #8
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    Default Re: Drinking while carrying

    Why would you want to drink while carrying?

  9. #9
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    Default Re: Drinking while carrying

    Use the search function in future, been discussed and there are previous court outcomes regarding this.

    Carrying is not handling

  10. #10
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    Default

    Quote Originally Posted by STREETRACER View Post
    Why would you want to drink while carrying?
    Because I enjoy a beer or wine with dinner

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