Permit denied to drink, drive and conceal [Archive] - Glock Talk

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TBO
03-16-2012, 08:43
http://www2.wataugademocrat.com/Editorial/story/Our-View-Permit-denied-to-drink-drive-and-conceal-id-007247
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Does NC law have 0 alcohol carry conditions like this article says?

jlpskydive
03-16-2012, 12:25
That is correct ANY alcohol in your system = no carry.

2afreedom
03-16-2012, 13:13
The rule also applies to LEOs. They can of course carry pretty much everywhere without a permit but not while any alcohol remains in their body.

I would rather see a low BAC limit so people could have a beer with dinner if they chose to, but that's the statute as it remains today.

whitebread
03-16-2012, 13:59
No alcohol-specific restrictions on open-carry in the statutes.

Mountain10mm
03-19-2012, 09:05
Zero alcohol in your system while carrying is an antigun agenda. Don't get me wrong; having a clear mind while using any dangerous piece of machinery or equipment is paramount, but you can legally be the pilot-in-command of an airplane with alcohol in your blood – even the big passenger planes. Are there laws against being overly tired, exhausted, out-of-breath because of altitude, stoned (with a quantitative number), or even stressed out? No.

Tell me in a court of law with legitimate scientific evidence that having one beer makes the average person less lucid than being overly tired and or woken up from REM sleep at 2:00am. Oh yeah, and everyone agrees it's OK, to have a gun at your bedside for those times when things go bump in the night...

kensteele
03-19-2012, 18:41
Zero alcohol in your system while carrying is an antigun agenda. Don't get me wrong; having a clear mind while using any dangerous piece of machinery or equipment is paramount, but you can legally be the pilot-in-command of an airplane with alcohol in your blood – even the big passenger planes. Are there laws against being overly tired, exhausted, out-of-breath because of altitude, stoned (with a quantitative number), or even stressed out? No.

Tell me in a court of law with legitimate scientific evidence that having one beer makes the average person less lucid than being overly tired and or woken up from REM sleep at 2:00am. Oh yeah, and everyone agrees it's OK, to have a gun at your bedside for those times when things go bump in the night...

I tend to agree with you. For the story, I agree with arrest, but this:

"But also clear with every issued permit is a policy about alcohol and drugs: “It is unlawful to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in his body any alcohol or in his blood a controlled substance previously consumed. (There is an exception if the controlled substance was lawfully obtained and taken in therapeutically appropriate amounts.)”

All kinds of problems I see here. The way this is written it is only a mechnanism to see how many permits they can revoke and make people into criminals for being in a certain "condition."

kensteele
03-19-2012, 18:45
No alcohol-specific restrictions on open-carry in the statutes.

Am I understand you correctly, if you are the passenger in a moving vehicle with a tiny trace of alcohol still in your blood from last night and your weapon is covered and the driver is under the lmit but with a tiny trace of alcohol and his weapon is visible, he is not arrested on a DUI and it's ok for him to be armed but you are arrested and charged?

steveksux
03-19-2012, 19:00
I would rather see a low BAC limit so people could have a beer with dinner if they chose to, but that's the statute as it remains today.I'd rather see a low BAC limit so people could have a Dayquil with a cold and not have to worry about carrying.

Randy

whitebread
03-19-2012, 20:03
Am I understand you correctly, if you are the passenger in a moving vehicle with a tiny trace of alcohol still in your blood from last night and your weapon is covered and the driver is under the lmit but with a tiny trace of alcohol and his weapon is visible, he is not arrested on a DUI and it's ok for him to be armed but you are arrested and charged?

I am not saying exactly that, I am simply stating that the current firearms statutes only mention restrictions on BAC with regards to concealed carry. If it isn't illegal, then you are free to do it...however, I am sure there is some other non-firearm specific law they could get you on if they really wanted to. I am not going to be the one to test this out.

cowboywannabe
03-19-2012, 20:14
I'd rather see a low BAC limit so people could have a Dayquil with a cold and not have to worry about carrying.

Randy

this!

its amazing how a southern state is more restrictive on the RKBA than many northern states.