Yet another CCW question

[Budman]

Okay, I thought I had read in the C.S.s that I could not carry anywhere they serve/sell booze, but I can not seem to find where I read that. Can someone help me out there.


Thanks

[jnschwie]

Are you sure it wasn't Utah?

I remember that for Utah, not so much for Colorado. And many CO courses are CO/UT combined.

[Budman]

Not UT, but it could have been one of my other states. AK, AZ, or MO.

[jnschwie]

I wasn't aware AZ had that restriction either. If so, please let me know. I visit there semi-frequently. :)

[denverd0n]

I remember that for Utah, not so much for Colorado.
I don't know the answer to the original question, but this makes me think of one of my own. If you are a Colorado resident, and have a Utah non-resident license (but not a CO license), and the law in Utah says no CCW in bars, then is the license valid when carrying in a Colorado bar?

My guess is that, like so many legal questions, the only real answer is "no one knows for sure." That's one of those that could leave lawyers on both sides of the aisle, as well as the judge, scratching their heads!

[jnschwie]

I don't know the answer to the original question, but this makes me think of one of my own. If you are a Colorado resident, and have a Utah non-resident license (but not a CO license), and the law in Utah says no CCW in bars, then is the license valid when carrying in a Colorado bar?

My guess is that, like so many legal questions, the only real answer is "no one knows for sure." That's one of those that could leave lawyers on both sides of the aisle, as well as the judge, scratching their heads!

I've wondered that EXACT same thing myself.
I have a CO license as well, but before I did, I did what I always think of as the prudent thing when dealing with two legal standards -go with the more strict. However, what we were taught in my CO/UT class is that you obey the laws of the state you are in. Just as a CO permit holders must follow, for example, UT laws when there, a UT permit holder should follow CO laws in CO (residence shouldn't matter). When in Rome, I guess. But I was never so bold -I always follow the stricter of the two.

Even now with a CO permit, I won't go to the bars with a firearm. Or rather, I won't drink with it. I've gone to bar or bar style restaurants with my pistol and had soda. Drinking with it isn't worth it to me. And while I accept bad things can happen in nice neighborhoods, my wife and I tend not to venture far from home. So we drank in HR when we lived there, and now Golden, and VERY rarely downtown Denver. The latter is a PITA for carry anyway, and I'll take my chances at the bar across the street from my house.

[jnschwie]

I'm sure we're about to hear stories of how some folks won't go near a bar without their always-present gun, "carry 24-7 or guess right" sort of thoughts.

That's cool. It isn't for me. I prefer the DD and designated carrier idea with a group of friends, or leaving it in my car (or at home). Just like with the "no gun sign" stores, its grey enough for me to just avoid the situation. Besides, my bar hopping days are largely over.

[denverd0n]

Besides, my bar hopping days are largely over.
Uh, yeah... I'm old enough that, for me, "going on a binge" usually means a double helping of fiber supplements!

[karstman]

Okay, I thought I had read in the C.S.s that I could not carry anywhere they serve/sell booze, but I can not seem to find where I read that. Can someone help me out there.


Thanks

You can not have a firearm in your posession while under the influence of "intoxicating liquors" or other controlled substances (CRS 18-12-106). You may carry in a bar so long is it is not posted otherwise and you are not drinking. That's how I read it.

[MonkeyBomb]

I had thought the same thing. But It's not in CRS that I can find. I was mixing it up with an old municipal ordinance on open carry.

[DanaT]

You can not have a firearm in your posession while under the influence of "intoxicating liquors" or other controlled substances (CRS 18-12-106). You may carry in a bar so long is it is not posted otherwise and you are not drinking. That's how I read it.

This is particularly scarey. There is no definition of what "under the influence" is. Is that one beer? Is that the same levels as for driving? Since it so ambiguous, I go conservative,

Even more scary is what is "possession"?

The CRS noted above reads:
"The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance"

So is possession on by body? Or s possession if I am at home watching the Broncos in the living room, having a 12 pack cause I feel like it, and have gun(s) in the basement? I think that I technically have possession of them at that time.

Look at the real catch 22 that one phrase has...

-Dana

[MonkeyBomb]

One beer yes under influence. At home drunk as a skunk guns in another room OK.

[karstman]

I play it conservative as well. If I have a firearm on my person, no beer for me.

I don't agree with the CRS, but that is what's on the books right now. I'm pretty sure that as a full grown adult, I can have a beer with dinner and not pose a threat to society.... Even if I'm carrying a concealed firearm.

[DanaT]

No me. Feed me after midnight, especially with anything containing alcohol, and you will seeing a scene from gremlins....

-Dana

[DanaT]

One beer yes under influence. At home drunk as a skunk guns in another room OK.


OK. So at home drunk as skunk. Home invasion time. Beer goggles let you see better than the crooks night vision lets him see. Now you have perp on floor with a ventilation hole in head to let all those criminal thoughts leave is head and a drunk skunk.

What then?

-Dana

[MonkeyBomb]

I agree most adults can handle a beer. But I would hate to have to justify one beer even on a righteous shoot in self defense.

[MonkeyBomb]

It would be a nightmare. I would hazard a guess that you would be ok under the "make my day law" and take it in the shorts on the probhibited use of a weapon. Either way I could see that going to a grand jury. That would be a major investigation even sober. The drunk as a skunk would muddy up the works.

[Budman]

My real reason for asking this was this. We go to a local resteraunt like chillies all the time and eat. They have a bar, and serve alcahol. I still carry. But since there is nothing on the books here that say anything about establishments that serve alcahol, I will have to look to see what state I read that in. It is sometimes to hard to keep laws straight when you have moved around as much as I have.


As for drinking and packing, I am always the DD/DC, it works out better for me in the morning if I stay sober all night and laugh at the drunks.

[jnschwie]

If you go to Chili's and pack and have a "Brewtus" with dinner-I could never fault that.

I wouldn't do it myself, but I'd certainly not be uncomfortable around a friend who did.