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1/22/2020 12:12:56 PM
Posted: 9/12/2009 10:54:00 PM EST
What is the law in Utah regarding concealed carry of firearms in places that sell alcohol?
Link Posted: 9/13/2009 10:57:42 AM EST
Carry is allowed. Like driving, if you are carrying you must remain under .08.
Link Posted: 9/13/2009 1:54:12 PM EST
you can drink up to .08?
Link Posted: 9/13/2009 2:46:11 PM EST
Originally Posted By krayons:
you can drink up to .08?


Yes and no. If you are below .08 and still percieved as "impared" by an officer.... you could lose your permit.

Carry in bars in Utah is not prohibted by state or local law.

Link Posted: 9/13/2009 7:41:15 PM EST
Originally Posted By retgarr:
Carry is allowed. Like driving, if you are carrying you must remain under .08.


I don't know about keeping it under 0.08. You can still be charged with DUI even though you're under 0.08. If the cop thinks you're impaired then you're impaired even if you're under 0.08. KBER 101 has a afternoon drive time program with Tyler Ayers(sp?) as a lawyer guest. He fields questions all the time about people arrested for DUI even though they blew 0.07.

76-10-528

Under the influence is defined by 41-6a-502(1)(a) through(c).
41-6a-502

(1) A person may not operate or be in actual physical control of a vehicle within this state if the person:
(a) has sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
(b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or
(c) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.


For 76-10-528 the ability to safely operate a vehicle would be replaced by the ability to safely operate a dangerous weapon.
Link Posted: 9/14/2009 4:44:16 AM EST
Please don't say you are actually willing to consume alcohol while you carry? Anyone who actually does drink while carrying validates every negative thing ever said by anti-gunners.
Link Posted: 9/14/2009 8:14:27 AM EST
[Last Edit: 9/14/2009 8:15:54 AM EST by Harvey041]
Originally Posted By nightgunner:
Please don't say you are actually willing to consume alcohol while you carry? Anyone who actually does drink while carrying validates every negative thing ever said by anti-gunners.


? ...So if I have a beer with my dinner while carrying I'm going to start shooting people? I know my limit, once I reach that limit or know I'm going to be drinking heavily then I'll disarm.
Link Posted: 9/14/2009 8:25:05 AM EST

Originally Posted By Harvey041:
Originally Posted By nightgunner:
Please don't say you are actually willing to consume alcohol while you carry? Anyone who actually does drink while carrying validates every negative thing ever said by anti-gunners.


? ...So if I have a beer with my dinner while carrying I'm going to start shooting people? I know my limit, once I reach that limit or know I'm going to be drinking heavily then I'll disarm.

Agreed, I will drink ONE beer while carrying and only if I'm having food with. And no high content or large glasses either.

By drinking a single beer I don't think I validate the assertion that I'm some backwoods racist looking to kill somebody.
Link Posted: 9/14/2009 8:33:43 AM EST
Originally Posted By retgarr:

Originally Posted By Harvey041:
Originally Posted By nightgunner:
Please don't say you are actually willing to consume alcohol while you carry? Anyone who actually does drink while carrying validates every negative thing ever said by anti-gunners.


? ...So if I have a beer with my dinner while carrying I'm going to start shooting people? I know my limit, once I reach that limit or know I'm going to be drinking heavily then I'll disarm.

Agreed, I will drink ONE beer while carrying and only if I'm having food with. And no high content or large glasses either.

By drinking a single beer I don't think I validate the assertion that I'm some backwoods racist looking to kill somebody.


I think that's OK to go to restaurant and have a drink.

I doubt if you got pulled over with your CCW the officer would care about one beer. If the officer took the gun and brought up charges you could argue that the officer thought you were unfit to carry a dangerous weapon yet able to operate a vehicle and both are defined by the same law.

I'mwary about carrying and drinking at bars/clubs. There are quite a few places that don't pat people down at the door so it's easy to CCW in there. At a club or a bar it's too easy to have 2 beers then a fight breaks out. The night would end with your judgment being questioned due to the alcohol and atmosphere. Whenever I get dragged to a club/bar I don't drink because I'm CCWing.
Link Posted: 9/16/2009 1:08:51 PM EST
Yes, you are free to drink while carrying but I would give it some thought before doing so.

With alcohol in your system are you going to be on your best behavior?
Will you be able to shoot as well as if you had no alcohol in you?
If you do have to defend your life and there is anything questionable about the shoot, could alcohol in your system make it more difficult to build a defense?

Link Posted: 9/16/2009 7:21:26 PM EST
[Last Edit: 9/16/2009 7:23:21 PM EST by retgarr]

Originally Posted By sigman68:
Yes, you are free to drink while carrying but I would give it some thought before doing so.

With alcohol in your system are you going to be on your best behavior? Yes, one beer has never had the effect of loosening inhibitions on me. I don't feel it.
Will you be able to shoot as well as if you had no alcohol in you? Maybe even better. In many shooting competitions alcohol is banned as a performance enhancing drug. A small amount of alcohol (which is a depressant) serves to slow down muscle 'twitchiness' such as in you hands (fast twitch muscles) and in turn can steady your aim.
If you do have to defend your life and there is anything questionable about the shoot, could alcohol in your system make it more difficult to build a defense? I am confident in my abilities to understand when to shoot, and that such a very low BAC will have no effect.


To Gixxersixxer,

You are right, some bars and clubs might not be the best place to carry in. I don't go to those places anyways. So while state law applies to everyone, my more stringent rules only apply to me.
Link Posted: 9/18/2009 7:42:39 PM EST
I was on a jury for a DUI once, I was amazed at the extreme bias against people that drink during the jury selection process.

The worry I would have if you needed to use your weapon after having a beer or two, and having to explain your self to a jurry with some of these people...
Hell I got some dirty looks when I raised my hand when the lawers asked us if anyone drinks sometimes.

I like to have a beer with dinner sometimes when we go out, due to the fact that I carry almost all the time now I have been having a coke instead...
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