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  #1  
Old 02-09-2018, 5:36 PM
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Default Alcohol, bars and CCW

First a little background as a Nevada CCW holder in Nevada, I can CCW in a bar and drink as long as I am not over a BAC of .10. I have a buddy who is a California resident and since his county wont issue a CCW he has an Arizona non-resident permit. In Arizona he cannot CCW in a bar or any establishment whose business is < 49% alcohol related and can not consume alcohol while CCW.

If he comes to visit me in Nevada is his CCW license valid in a bar in Nevada? So, in other words, which state rules do you follow, the rules in the state you are in or the state that issued the CCW?
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Old 02-09-2018, 5:40 PM
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Guns and alcohol are a bad idea, no matter what state you're in.

IF Nevada honors his Arizona CCW I'd play it safe and follow Arizona's rules.

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Old 02-09-2018, 6:36 PM
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The laws of Nevada are applied in Nevada.

The following is a cut and paste from the Arizona DPS CCW page.


CAN I CARRY A FIREARM INTO AN ESTABLISHMENT THAT SERVES ALCOHOLIC DRINKS FOR CONSUMPTION ON THE PREMISES IF I HAVE MY CCW PERMIT?

Yes, unless the establishment has posted signs prohibiting weapons (A.R.S. 4-229). You may not consume alcohol while in possession of your firearm (A.R.S. 4-244). There are some additional exceptions see A.R.S. 13-3102.
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Old 02-09-2018, 8:00 PM
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As other have posted, alcohol and firearms is a bad combination and one should never consume alcohol while carrying, even if it is not prohibited by statute, regulation or rule of the IA. WA prohibits carrying in areas where persons under 21 are prohibited by state alcohol law, so you cannot lawfully carry in bars in WA even if you are not consuming alcohol. On the other hand, Nevada will allow me to carry in Casinos, where alcohol is served and will even allow me consume some alcohol. While not prohibited, it is still a very bad idea. While I am in NV casinos I carry but will not consume any alcohol. If you are ever confronted with a situation where you need to draw you weapon, you do not want an attorney representing the bad guy's family questioning your state of sobriety. So play it safe and utilize the common sense you were given.

Last edited by BAJ475; 02-09-2018 at 8:02 PM.. Reason: correct type
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Old 02-09-2018, 8:04 PM
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Probably not a good idea...

As CCW holders, we should hold ourselves to a higher standard.

It's the only way we'll keep our rights.

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Old 02-09-2018, 8:09 PM
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Also a common policy for LE agencies to forbid carrying while drinking alcohol off duty.
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Old 02-09-2018, 8:11 PM
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Quote:
Originally Posted by cyclopes85 View Post
Probably not a good idea...

As CCW holders, we should hold ourselves to a higher standard....
I fully agree. And if we don't others will surely try to do so and if they are successful the message will be painful.
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Old 02-10-2018, 7:20 AM
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Originally Posted by f8f1 View Post
If he comes to visit me in Nevada is his CCW license valid in a bar in Nevada? So, in other words, which state rules do you follow, the rules in the state you are in or the state that issued the CCW?
NV LEOs will treat it as honored.
However, if anything happens in the establishment that sells alcohol for consumption and it's reported to AZ, his AZ CCW permit could be revoked for violating AZ laws prohibiting permit holders from carrying/consuming alcohol while carrying.
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Old 02-11-2018, 11:59 AM
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Can and should don't always coincide....
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Old 02-13-2018, 4:07 PM
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As Baggss said right above me, there's a difference between "can" and "should". In some states, it's legal to marry your first cousin.

If it can be avoided, I don't want to ever find myself in a situation where I have to convince a police officer that I acted in self defense while my breath smells like beer and whiskey.
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Old 02-13-2018, 4:16 PM
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Quote:
Originally Posted by baggss View Post
Can and should don't always coincide....
Quote:
Originally Posted by cockedandglocked View Post
As Baggss said right above me, there's a difference between "can" and "should". In some states, it's legal to marry your first cousin.

If it can be avoided, I don't want to ever find myself in a situation where I have to convince a police officer that I acted in self defense while my breath smells like beer and whiskey.
All of that being said though, I would think that since NV honors AZs permits, the person from AZ would be subject to NVs CCW laws when in NV.

Example: TX recognizes my CA CCW permit, but I still can not carry in places prohibited by TX law (30.05 and 30.06) while in TX just because CA says no guns signs have no force of law.

You follow the rules of the state you are in, with the knowledge is something goes sideways it may effect you CCW in your home state. This is where the "can and should" part comes into play.
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Old 04-08-2018, 5:37 PM
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Saw this thread, and I gotta agree with Baggss. "Can" and "Should" don't always coincide. Just because I can carry a gun doesn't mean I shouldn't aim to avoid trouble.... Some good advice here from some wise individuals.
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Old 04-09-2018, 2:05 PM
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I also think it’s a bad idea to ride a motorcycle without a helmet but I don’t think the OP was asking for my opinion....
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Old 04-13-2018, 2:41 PM
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Why not get a Utah one? Utah allows up to a .08.
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Old 04-13-2018, 4:32 PM
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Quote:
Originally Posted by ModestoGuns View Post
Why not get a Utah one? Utah allows up to a .08.
Or why not get a Nevada non-resident CCW and the whole conversation is moot!
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Old 05-03-2018, 6:31 PM
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Quote:
Originally Posted by ModestoGuns View Post
Why not get a Utah one? Utah allows up to a .08.


OP said NV allows up to .10 (which i am unsure if that is correct as it is above the legal limit of .08) and .10 is higher than .08


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Old 05-04-2018, 6:45 AM
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OP said NV allows up to .10 (which i am unsure if that is correct as it is above the legal limit of .08) and .10 is higher than .08
It's correct.

NV laws sets the limit at 0.10. [NRS 202.257]

Many decades ago, the NV DUI limit was set at 0.10 and that was also used to determine the limit for possessing a firearm. Then, Federal laws were enacted that mandated a uniform DUI limit (0.08) that all States had to abide by. When the DUI limit was dropped to 0.08, they neglect to drop the firearm possession limit, so it remained at 0.10.



Nevada Revised Statue 202.257
1.  It is unlawful for a person who:
(a) Has a concentration of alcohol of 0.10 or more in his or her blood or breath; or
(b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him or her incapable of safely exercising actual physical control of a firearm,
... to have in his or her actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within the person’s personal residence and had the firearm in his or her possession solely for self-defense.
2.  Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484C.160 to 484C.250, inclusive, except that submission to the evidentiary test is required of any person who is requested by a police officer to submit to the test. If a person to be tested fails to submit to a required test as requested by a police officer, the officer may apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.
3.  Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
4.  A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.1205, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.
5.  As used in this section, the phrase “concentration of alcohol of 0.10 or more in his or her blood or breath” means 0.10 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.
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Last edited by Quiet; 05-04-2018 at 6:48 AM..
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  #18  
Old 05-04-2018, 6:53 AM
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Quote:
Originally Posted by Quiet View Post
It's correct.

NV laws sets the limit at 0.10. [NRS 202.257]

Many decades ago, the NV DUI limit was set at 0.10 and that was also used to determine the limit for possessing a firearm. Then, Federal laws were enacted that mandated a uniform DUI limit (0.08) that all States had to abide by. When the DUI limit was dropped to 0.08, they neglect to drop the firearm possession limit, so it remained at 0.10.



Nevada Revised Statue 202.257
1.  It is unlawful for a person who:
(a) Has a concentration of alcohol of 0.10 or more in his or her blood or breath; or
(b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him or her incapable of safely exercising actual physical control of a firearm,
... to have in his or her actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within the person’s personal residence and had the firearm in his or her possession solely for self-defense.
2.  Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484C.160 to 484C.250, inclusive, except that submission to the evidentiary test is required of any person who is requested by a police officer to submit to the test. If a person to be tested fails to submit to a required test as requested by a police officer, the officer may apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.
3.  Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
4.  A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.1205, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.
5.  As used in this section, the phrase “concentration of alcohol of 0.10 or more in his or her blood or breath” means 0.10 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.


Well alright, I guess he wouldn’t want the lower restriction then!


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Old 05-25-2018, 8:09 PM
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Originally Posted by ModestoGuns View Post
Why not get a Utah one? Utah allows up to a .08.
Yet, the BAC in Utah to get a DUI is .05. Utah is a good example of a state that thinks drinking and driving is more dangerous than having a drink while carrying a firearm. Don't get me wrong, Personally, I rarely drink nad, I do not condone mixing alcohol and firearms. But, is it really a problem if a +200lb person has half a glass of wine with their steak dinner while carrying at a restaurant or, is the designated driver and sitting in a bar while carrying but not drinking?
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Old 12-12-2018, 4:01 PM
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Yet, the BAC in Utah to get a DUI is .05. Utah is a good example of a state that thinks drinking and driving is more dangerous than having a drink while carrying a firearm. Don't get me wrong, Personally, I rarely drink nad, I do not condone mixing alcohol and firearms. But, is it really a problem if a +200lb person has half a glass of wine with their steak dinner while carrying at a restaurant or, is the designated driver and sitting in a bar while carrying but not drinking?
Utah isn't .05 for driving YET. It drops to .05 in a couple weeks. FYI, since I know you are a Utah instructor as well. I contacted BCI a few weeks ago and the firearm limit is dropping to .05 as well.

I also do not drink a whole lot. However, usually when I do drink, it is at a social event where I drink a little more beer than just a half a glass haha. In those situations, my wife is usually the DD and she carries then. If we uber, etc, then we go unarmed for the evening.
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Old 12-12-2018, 6:38 PM
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dont drink alcohol and have a soda save $7 and avoid the boarderline shooting thing...i am seriously gonna stop drinking and carry while at bar restaurants.. who knows now a days.. thoughts?
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Old 12-13-2018, 8:29 AM
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dont drink alcohol and have a soda save $7 and avoid the boarderline shooting thing...i am seriously gonna stop drinking and carry while at bar restaurants.. who knows now a days.. thoughts?
Almost always, at least one of us is armed between my wife and I. If one of us wants a drink, the other carries the gun. It is very rare that we both have a drink together.
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Old 12-13-2018, 8:38 AM
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Utah isn't .05 for driving YET. It drops to .05 in a couple weeks. FYI, since I know you are a Utah instructor as well. I contacted BCI a few weeks ago and the firearm limit is dropping to .05 as well.

I also do not drink a whole lot. However, usually when I do drink, it is at a social event where I drink a little more beer than just a half a glass haha. In those situations, my wife is usually the DD and she carries then. If we uber, etc, then we go unarmed for the evening.
Well, when I took my instructor class in Nov. 2017, they said that the DUI limit had dropped to 0.05 but the carry BAC was still at 0.08 however, they expected that to change to 0.05 at some point. I guess either they misspoke or I misheard that the DUI limit had not already changed.
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Old 12-13-2018, 11:02 AM
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Well, when I took my instructor class in Nov. 2017, they said that the DUI limit had dropped to 0.05 but the carry BAC was still at 0.08 however, they expected that to change to 0.05 at some point. I guess either they misspoke or I misheard that the DUI limit had not already changed.
Haha...OR they misspoke when I took mine or I misheard when I took mine!
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Old 12-13-2018, 11:08 AM
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Originally Posted by 003 View Post
The laws of Nevada are applied in Nevada.

The following is a cut and paste from the Arizona DPS CCW page.


CAN I CARRY A FIREARM INTO AN ESTABLISHMENT THAT SERVES ALCOHOLIC DRINKS FOR CONSUMPTION ON THE PREMISES IF I HAVE MY CCW PERMIT?

Yes, unless the establishment has posted signs prohibiting weapons (A.R.S. 4-229). You may not consume alcohol while in possession of your firearm (A.R.S. 4-244). There are some additional exceptions see A.R.S. 13-3102.
Yes, but many reciprocity statutes specifically state that the terms of issue apply to you while in their state.

Tennessee has such a statute. My read was that my Cali restrictions, like school zones, apply, even though they dont under Tenessees laws.

More relevant to me, Tennessee issues general permits, not limited to specific weapons, while my permit lists the handguns by serial number.
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Old 12-13-2018, 1:04 PM
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Yes, but many reciprocity statutes specifically state that the terms of issue apply to you while in their state.

Tennessee has such a statute. My read was that my Cali restrictions, like school zones, apply, even though they dont under Tenessees laws.

More relevant to me, Tennessee issues general permits, not limited to specific weapons, while my permit lists the handguns by serial number.
Simple solution to that in Tennessee is get any non-resident permit (Tennessee accepts every state's permit)...

Also, in California, you are allowed to carry in a school zone but not on school grounds. Obviously, this is unless your IA says differently as a restriction on your permit...
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Old 12-14-2018, 8:23 AM
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Haha...OR they misspoke when I took mine or I misheard when I took mine!
No, you're correct that the .05 BAC limit hasn't gone into affect yet.
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