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AR15.COM
6/23/2007 11:25:46 AM EDT
Can anyone shed light on whether it is a violation of Florida law to carry a concealed weapon after having had a few drinks?  I've scanned Chapter 790 but couldn't find anything on point.  I know that under 790.06(12) it is illegal to carry in a bar, but the statute doesn't address whether it is illegal to carry if you have been drinking.  
6/23/2007 5:50:13 PM EDT
[#1]
It is illegal for you to have it in your hand, ready for discharge [loaded] if intoxicated. It may be a gray area,  intoxicated. I see no b.a. limit stated as there is when driving.
6/23/2007 9:49:49 PM EDT
[#2]

Quoted:
It is illegal for you to have it in your hand, ready for discharge [loaded] if intoxicated. It may be a gray area,  intoxicated. I see no b.a. limit stated as there is when driving.


What did you do?
6/23/2007 11:17:26 PM EDT
[#3]

Quoted:
It is illegal for you to have it in your hand, ready for discharge [loaded] if intoxicated. It may be a gray area,  intoxicated. I see no b.a. limit stated as there is when driving.


790.151  Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.--

(1)  As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

(2)  For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand.

(3)  It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

(4)  Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5)  This section does not apply to persons exercising lawful self-defense or defense of one's property.



My interpretations of this:
-Carrying yes. (it doesn't state you can't)
-Using firearm (In hand, ready to discharge) while under the influence of alcoholic beverages, chemical substances, or controlled substances: NO, Unless in lawful self-defense or defense of one's property.

Reality: I don't and wouldn't.
6/24/2007 8:10:54 PM EDT
[#4]

Quoted:
The actual law states that you cannot carry if you have a BAC of .05 or greater (Driving is .08). I will try and find the actual law but it is in my florida firearms law book and states the section.


Please do!
6/24/2007 9:07:11 PM EDT
[#5]

Quoted:
The actual law states that you cannot carry if you have a BAC of .05 or greater (Driving is .08). I will try and find the actual law but it is in my florida firearms law book and states the section.


Odds are you're misquoting a section of Chapter 493 which deals with the state issued "G" occupational license.
6/25/2007 12:58:27 PM EDT
[#6]
it only pertains to use not possession.

J
6/25/2007 1:00:56 PM EDT
[#7]

Quoted:
it only pertains to use not possession.

J


My thoughts exactly. Nothing is mentioned about possession; only when using, with the exception of (self) defense.
6/25/2007 1:03:51 PM EDT
[#8]
That's how I read it too.


and IIRC.. discharging a firearm while intoxicated is a 2nd degree felony.
6/25/2007 4:46:36 PM EDT
[#9]

Quoted:

Quoted:
It is illegal for you to have it in your hand, ready for discharge [loaded] if intoxicated. It may be a gray area,  intoxicated. I see no b.a. limit stated as there is when driving.


What did you do?



I have done nothing, other than reply to this thread.
Punani's post just under yours shows a quote I was trying to repeat from memory.