Carry at an establishment that serves alcohol

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  • turnandshoot4

    Grandmaster
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    Jan 29, 2008
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    Kouts
    Would you carry at an establishment that serves alchol? (I'm not talking about church here:D)

    How about into a bar?

    What is the legality regarding this? Can I carry but not drink? Can I drink while carrying?

    These questions arose because after I read Prometheus statement about the guy in Hammond it got me thinking. Why didn't he have the weapon on him? Why was it in the car? There is the obvious that he might not have had a holster but otherwise I can't figure it out.
     

    indyjoe

    Master
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    8   0   0
    May 20, 2008
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    Indy - South
    There is no restriction about carrying in a place that has alcohol nor while consuming alcohol. However, you will have to accept the consequences of your actions if your were forced to use your pistol while under the influence.
     

    mconley

    Sharpshooter
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    24   0   0
    Aug 17, 2008
    643
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    Hendricks Co.
    I would hate for the prosocution to use your choice to drink alcohol aginst you in court. And maybe try to get a wreckless endangerment on ya.
     

    Bill of Rights

    Cogito, ergo porto.
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    Apr 26, 2008
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    Where's the bacon?
    Would I carry in an establishment that sells alcohol? Sure I would. I have made the choice to not drink alcohol, so carrying there is no more dangerous for me than anywhere else. Legality is not addressed in Indiana. There is no prohibition against carrying there, nor should there be.

    That said, just because you may legally carry there does not make it the best, wisest decision, especially if you have been drinking. Why? Because even one drink, any alcohol in your system whatsoever, will, if you have need to use your firearm, count against you and be used against you by any DA whose law degree didn't come from a box of crackerjacks. Your judgment and reflexes might not be impaired enough to make a difference if you've just been drinking a beer with dinner, but you can't prove that to a jury and you're looking at spending a long time disarmed, maybe even the rest of your life. Still, you have to be alive to face trial.

    So what are you to do? If you believe you can drink and still carry safely, do so, but choose carefully the location(s) in which you do. That may be the difference between carrying today, tomorrow, etc., and spending lots of money on a trial that will end you up rooming with Bubba.

    Blessings,
    B
     

    melensdad

    Grandmaster
    Rating - 94.7%
    18   1   0
    Apr 2, 2008
    24,045
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    Far West Suburban Lowellabama
    Would you carry at an establishment that serves alchol? (I'm not talking about church here:D)

    How about into a bar?

    What is the legality regarding this? Can I carry but not drink? Can I drink while carrying?

    Yes I would carry into an establishment that served alcohol.

    Yes it is legal in INDIANA. Some other states allow it, some don't.

    It is even legal to have a drink while you carry (note that legal and prudent are two different things)
     

    Bigum1969

    Grandmaster
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    Apr 3, 2008
    21,422
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    SW Indiana
    I really feel like mixing guns and alcohol is a bad idea.

    I don't go to bars -- I'm just a boring married guy with a kid. So it's easy for me to not drink and carry. I also rarely drink alcohol with a meal when dining out.

    Carrying a firearm to me is all about personal responsibility. In my humble and not important opinion, impairing your judgement with alcohol while carrying a firearm does not show much personal responsibility.
     

    Mrs. Hoppes

    Marksman
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    Sep 15, 2008
    193
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    New Goshen
    Clarify please.

    1. Are you saying it is not intelligent to carry into an establishment that serves?
    2. Or are you saying it is not intelligent to drink while carrying?
    3. Or are you saying both?

    Sorry. One handed typing with a sick child on me. (still one handed typing.)

    I am picturing bars, parties, etc with lots of drinking, large crowd and drunken idiocy. People falling on you drunk and vomiting, telling you how much they love you, then passing out at your feet while you are singing karaoke.

    Is it legal to have a gun there? sure. Is it the most intelligent move to have a gun there? Nope.
     

    ATF Consumer

    Shooter
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    Sep 23, 2008
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    South Side Indy
    I really feel like mixing guns and alcohol is a bad idea.

    I don't go to bars -- I'm just a boring married guy with a kid. So it's easy for me to not drink and carry. I also rarely drink alcohol with a meal when dining out.

    Carrying a firearm to me is all about personal responsibility. In my humble and not important opinion, impairing your judgment with alcohol while carrying a firearm does not show much personal responsibility.

    If the government can have one agency that regulates both, then the civilian population should be able to mix them as well :D
    No matter how drunk I get, my judgment on when to use my firearm wouldn't change...I could get blasted and then still never have the urgency run around in my underwear shooting off my handgun...it just wouldn't happen. Only threats would cause me to draw my weapon. Yes, my judgment on my aim might be off, but wouldn't shoot around just because I was impaired.
     

    melensdad

    Grandmaster
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    Apr 2, 2008
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    Far West Suburban Lowellabama
    I am picturing bars, parties, etc with lots of drinking, large crowd and drunken idiocy. People falling on you drunk and vomiting, telling you how much they love you, then passing out at your feet while you are singing karaoke.
    Well I guess I don't go to those places (I can't sing when sober so I don't attempt to try Karaoke while drinking ;) )

    I've carried many times into places that serve, but they are typically family or adult oriented restaurants or taverns and never have I had a drink and never have I had a drunk vomiting at my feet. So I will agree the type of place you mention is not where I would want to carry, but then again, its not where I would ever frequent. Now I will frequent a nice restaurant with a bar attached, I just won't drink and carry.
     
    Rating - 100%
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    Jul 3, 2008
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    central indiana
    there is no law against carrying into a bar. Some bars do not allow you to do so & might check at the door.. the guy may have left gun in car because of that..

    just because the place serves does not mean it is going to be full of falling down drunks.. many times i have bee in a nice bar or tavern having a drink and carrying..

    if you are unable to control your drinking then you should not carry & drink..
     

    ATM

    will argue for sammiches.
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    Jul 29, 2008
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    I also do not drink and my trips to bars are rather infrequent... but I have and will again when there is a decent reason for me to go there.
     

    Kirk Freeman

    Grandmaster
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    Mar 9, 2008
    48,028
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    Lafayette, Indiana
    I'd like to take this opportunity to express my disappointment in all of you. Two whole pages and no one, not a single bacon-loving one of you, has mentioned KIRK'S FIRST LAW OF THE INTERNET.
     

    Bill of Rights

    Cogito, ergo porto.
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    Where's the bacon?
    Kirk's First Law: If it's the law in Texas, it must be the law EVERYwhere.

    My thoughts: We need a similar version of this, naming Indiana, not Texas.... and it needs to be REAL! (then we need to change a couple of laws to remove Criminal Protection Zones, stop restricting what firearms may be lawfully owned, and hey, while we're at it, how about respecting the 2A as written?)

    :twocents:
     

    IUGradStudent

    Expert
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    Apr 1, 2008
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    Bloomington, IN
    I drink alcohol, but not a lot. The most I've ever had at one sitting was two tall beers (each one maybe 18-24 oz), and that was over a time period of like 3 hours. So would you guys think it imprudent if I were to carry to a place like Applebeers or Olive Garden and have a glass of wine or a single beer? If I do drink at a restaurant (which is rare) I only ever have one. drink Granted having this single drink would impair my awareness and physical responses to a degree. At the same time, I'll have plenty of awareness and ability to display the gun if someone comes up to mug me, and almost certainly to hit him center-of-mass within 7 yards. I guess if you know yourself and know you're only going to have one drink I don't really have a problem with it. It will impair you somewhat, but not to the degree that you shouldn't carry (YMMV depending on how much you weigh, how you hold your alcohol, etc). Any more than that and I begin to become leery of carrying. Youthful stupidity or level-headed thinking?
     

    Bill of Rights

    Cogito, ergo porto.
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    Apr 26, 2008
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    Where's the bacon?
    ...
    So would you guys think it imprudent if I were to carry to a place like Applebeers or Olive Garden and have a glass of wine or a single beer?
    ...

    You have to decide this yourself, and I recognize that you're attempting to do so. The thing to keep in mind, and any attorneys out there, feel free to confirm or deny this, IF you have to use your gun, any prosecutor with half a brain cell is likely going to be looking for anything at all s/he can use against you. You can be expected to be painted out to be the town drunk, regularly seen at this, that, or the other bar. You can expect any slight indiscretion you might have ever made to become public knowledge to show you to be a scofflaw without any regard for anything but what you want to do. Expect that in the civil suit that follows (if you are found guilty in the criminal trial) your assailant will be similarly painted out to be a perfect little altar boy who just fell in with the wrong crowd, etc., etc.

    All of this may happen anyway, if you happen to have to use your gun, but when you have had no substances other than food and non-alcoholic-drink put in your body, that gives the prosecutor one less hook on which to hang his hat.

    My dad was an attorney. He always said that if you ever go to trial, once things get before a jury, it's even money which way the decision will go: 50/50, and no one can predict which it will be. The general public at large probably DO follow Kirk's First Law- and thus, since it's the law SOMEwhere that carrying while drinking is unlawful, they could very likely return a verdict against you, even though no Indiana law prevents this action and your shoot was otherwise completely clean.

    Bottom line as far as I'm concerned, even if I DID drink, I wouldn't be armed when I did so, which means that it would only happen at my house or that of a close, trusted friend.

    :twocents:

    Blessings,
    B
     

    Prometheus

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    Jan 20, 2008
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    I am picturing bars, parties, etc with lots of drinking, large crowd and drunken idiocy. People falling on you drunk and vomiting, telling you how much they love you, then passing out at your feet while you are singing karaoke.

    Is it legal to have a gun there? sure. Is it the most intelligent move to have a gun there? Nope.

    I simply cannot agree with you. At all. Lets set aside the drunks puking at your feet (I've never seen that in any club or bar I've been to).

    Take a responsible adult. Arm him/her. Exactly why is that person less worth of being able to defend themselves because they went to a bar or club with some friends for a few hours?

    You didn't even stipulate that the person carrying was sober or drunk. Just that they were around some drunk people.

    I grew up in South Florida. I partied. A lot. I was always armed (which isn't legal in Florida if you are in a place that derives more than 50% of it's income from the sale of alcohol). No drugs, but I would drink. My wife (then girl friend and later fiancee) insisted I carry. One of the reasons I fell for her as hard as I did.

    Did I need a weapon in the clubs/bars we would frequent? Not any more so than shopping at Publix, they were all nice places. Did I need a weapon going back to the car? Absolutely! For those familiar with S. Florida I frequented Clematis Street in WPB and Las Olas in Lauderdale. Both very nice and controlled areas, but most of the parking was just outside of the containment area.

    Just because we enjoyed dancing and hanging out with friends... does that mean we deserved to be robbed or murdered because people like you don't think we should be allowed to defend ourselves? I also refused to stay at home and let the criminals win by keeping us from going out and enjoying ourselves.

    Sorry but it comes down to personal responsibility. If you can responsibly drink and carry a firearm. Good for you. If you can't, don't!

    I personally think people who can't drink and carry a gun shouldn't be carrying a gun when sober either. If they have that little self control... well, the booze is being used as an excuse, it's not the cause.
     

    Bigum1969

    Grandmaster
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    Apr 3, 2008
    21,422
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    SW Indiana
    I simply cannot agree with you. At all. Lets set aside the drunks puking at your feet (I've never seen that in any club or bar I've been to).

    Take a responsible adult. Arm him/her. Exactly why is that person less worth of being able to defend themselves because they went to a bar or club with some friends for a few hours?

    You didn't even stipulate that the person carrying was sober or drunk. Just that they were around some drunk people.

    I grew up in South Florida. I partied. A lot. I was always armed (which isn't legal in Florida if you are in a place that derives more than 50% of it's income from the sale of alcohol). No drugs, but I would drink. My wife (then girl friend and later fiancee) insisted I carry. One of the reasons I fell for her as hard as I did.

    Did I need a weapon in the clubs/bars we would frequent? Not any more so than shopping at Publix, they were all nice places. Did I need a weapon going back to the car? Absolutely! For those familiar with S. Florida I frequented Clematis Street in WPB and Las Olas in Lauderdale. Both very nice and controlled areas, but most of the parking was just outside of the containment area.

    Just because we enjoyed dancing and hanging out with friends... does that mean we deserved to be robbed or murdered because people like you don't think we should be allowed to defend ourselves? I also refused to stay at home and let the criminals win by keeping us from going out and enjoying ourselves.

    Sorry but it comes down to personal responsibility. If you can responsibly drink and carry a firearm. Good for you. If you can't, don't!

    I personally think people who can't drink and carry a gun shouldn't be carrying a gun when sober either. If they have that little self control... well, the booze is being used as an excuse, it's not the cause.

    With all due respect, I get so tired of hearing the "if you can responsibly drink than you can (insert here)" argument. That's the same argument you hear about driving under the influence. There's no way around it, your ability to make decisions, your reflexes, judgement, etc. are affected when you drink.

    Your last statement, "I personally think people who can't drink and carry a gun shouldn't be carrying a gun when sober either" is utterly ridiculous. I, and most people, CAN do almost ANYTHING while drinking. CAN and SHOULD are two different things.
     
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