did I go about this correctly
02-26-2011, 01:11 PM
#12
Giant Nontypical
Join Date: Mar 2006
Location: ****ifornia
Posts: 5,052
That's strange because one of the top reasons to get a permit here is if your a business owner doing bank runs...
Nothing against the law about schools either, not a good idea but not against the law. Same with stores that have a no gun policy, its their policy but not against the law.
Nothing against the law about schools either, not a good idea but not against the law. Same with stores that have a no gun policy, its their policy but not against the law.
02-26-2011, 01:39 PM
#13
Nontypical Buck
Join Date: May 2006
Location: Huntin' In Colorado
Posts: 2,910
You can carry in a bank in Colorado but not public schools.
You can also drink a beer while you are carrying but you cannot be intoxicated. However, I think you would be a fool to drink while you are carrying. That would be just asking for trouble.
I got pulled over for speeding in a school zone. I firmly believe my concealed carry permit is why the officer gave me just a warning. He knew I was a good dude because bad dudes don't pass an intense FBI and CBI background check.
You can also drink a beer while you are carrying but you cannot be intoxicated. However, I think you would be a fool to drink while you are carrying. That would be just asking for trouble.
I got pulled over for speeding in a school zone. I firmly believe my concealed carry permit is why the officer gave me just a warning. He knew I was a good dude because bad dudes don't pass an intense FBI and CBI background check.
02-26-2011, 02:48 PM
#14
Boone & Crockett
Join Date: Feb 2003
Posts: 10,679
Do not go in a bank carrying...Don't even think about going into a public school or to a ball game or a bar...Also remember there is 0% tolerance for alcohol in your system...If you are going to drink, let the wife drive and lock the pistol in the trunk or take her car...
Also, don't let anyone else drive your car with that pistol concealed, they would be in violation...
Also, don't let anyone else drive your car with that pistol concealed, they would be in violation...
*You can legally carry in banks.
*You can legally carry while intoxicated.
*You can legally carry a firearm loaded and chambered in your glove compartment in Florida with out a concealed permit at all.
*You must leave the gun locked in your vehicle if you enter school property.
*Florida has no requirement to inform the officer that you are carrying unless they ask.
02-26-2011, 07:28 PM
#17
Boone & Crockett
Join Date: Feb 2003
Posts: 10,679
I might be wrong but I'm not buying this one. Unless it some in the home law.
790.151Using 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.
790.157Presumption of impairment; testing methods.—
(1)It is unlawful and punishable as provided in s. 790.151 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(2)Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while using a firearm while under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties were impaired or to the extent that the person was deprived of full possession of his or her normal faculties, the results of any test administered in accordance with s. 790.153 or s. 790.155 and this section shall be admissible into evidence when otherwise admissible, and the amount of alcohol in the person’s blood at the time alleged, as shown by chemical analysis of the person’s blood or chemical or physical analysis of the person’s breath, shall give rise to the following presumptions:
(a)If there was at that time 0.05 percent or less by weight of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(b)If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person’s blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(c)If there was at that time 0.10 percent or more by weight of alcohol in the person’s blood, that fact shall be prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
The percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood. The foregoing provisions of this subsection shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(3)A chemical analysis of a person’s blood to determine its alcoholic content or a chemical or physical analysis of a person’s breath, in order to be considered valid under the provisions of this section, must have been performed substantially in accordance with methods approved by the Florida Department of Law Enforcement and by an individual possessing a valid permit issued by the department for this purpose. Any insubstantial differences between approved techniques and actual testing procedures in an individual case shall not render the test or test results invalid. The Florida Department of Law Enforcement may approve satisfactory techniques or methods, ascertain the qualification and competence of individuals to conduct such analyses, and issue permits which shall be subject to termination or revocation in accordance with rules adopted by the department.
(4)Any person charged with using a firearm while under the influence of alcoholic beverages or controlled substances to the extent that his or her normal faculties were impaired, whether in a municipality or not, shall be entitled to trial by jury according to the Florida Rules of Criminal Procedure.
(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.
790.157Presumption of impairment; testing methods.—
(1)It is unlawful and punishable as provided in s. 790.151 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(2)Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while using a firearm while under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties were impaired or to the extent that the person was deprived of full possession of his or her normal faculties, the results of any test administered in accordance with s. 790.153 or s. 790.155 and this section shall be admissible into evidence when otherwise admissible, and the amount of alcohol in the person’s blood at the time alleged, as shown by chemical analysis of the person’s blood or chemical or physical analysis of the person’s breath, shall give rise to the following presumptions:
(a)If there was at that time 0.05 percent or less by weight of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(b)If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person’s blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(c)If there was at that time 0.10 percent or more by weight of alcohol in the person’s blood, that fact shall be prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
The percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood. The foregoing provisions of this subsection shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(3)A chemical analysis of a person’s blood to determine its alcoholic content or a chemical or physical analysis of a person’s breath, in order to be considered valid under the provisions of this section, must have been performed substantially in accordance with methods approved by the Florida Department of Law Enforcement and by an individual possessing a valid permit issued by the department for this purpose. Any insubstantial differences between approved techniques and actual testing procedures in an individual case shall not render the test or test results invalid. The Florida Department of Law Enforcement may approve satisfactory techniques or methods, ascertain the qualification and competence of individuals to conduct such analyses, and issue permits which shall be subject to termination or revocation in accordance with rules adopted by the department.
(4)Any person charged with using a firearm while under the influence of alcoholic beverages or controlled substances to the extent that his or her normal faculties were impaired, whether in a municipality or not, shall be entitled to trial by jury according to the Florida Rules of Criminal Procedure.
.
02-26-2011, 08:34 PM
#18
Nontypical Buck
Join Date: May 2006
Location: Huntin' In Colorado
Posts: 2,910
790.151Using 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.
790.157Presumption of impairment; testing methods.—
(1)It is unlawful and punishable as provided in s. 790.151 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(2)Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while using a firearm while under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties were impaired or to the extent that the person was deprived of full possession of his or her normal faculties, the results of any test administered in accordance with s. 790.153 or s. 790.155 and this section shall be admissible into evidence when otherwise admissible, and the amount of alcohol in the person’s blood at the time alleged, as shown by chemical analysis of the person’s blood or chemical or physical analysis of the person’s breath, shall give rise to the following presumptions:
(a)If there was at that time 0.05 percent or less by weight of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(b)If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person’s blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(c)If there was at that time 0.10 percent or more by weight of alcohol in the person’s blood, that fact shall be prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
The percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood. The foregoing provisions of this subsection shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(3)A chemical analysis of a person’s blood to determine its alcoholic content or a chemical or physical analysis of a person’s breath, in order to be considered valid under the provisions of this section, must have been performed substantially in accordance with methods approved by the Florida Department of Law Enforcement and by an individual possessing a valid permit issued by the department for this purpose. Any insubstantial differences between approved techniques and actual testing procedures in an individual case shall not render the test or test results invalid. The Florida Department of Law Enforcement may approve satisfactory techniques or methods, ascertain the qualification and competence of individuals to conduct such analyses, and issue permits which shall be subject to termination or revocation in accordance with rules adopted by the department.
(4)Any person charged with using a firearm while under the influence of alcoholic beverages or controlled substances to the extent that his or her normal faculties were impaired, whether in a municipality or not, shall be entitled to trial by jury according to the Florida Rules of Criminal Procedure
I read it but I'm not sure I understand it like you do. I'll read it again in the morning.
(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.
790.157Presumption of impairment; testing methods.—
(1)It is unlawful and punishable as provided in s. 790.151 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(2)Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while using a firearm while under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties were impaired or to the extent that the person was deprived of full possession of his or her normal faculties, the results of any test administered in accordance with s. 790.153 or s. 790.155 and this section shall be admissible into evidence when otherwise admissible, and the amount of alcohol in the person’s blood at the time alleged, as shown by chemical analysis of the person’s blood or chemical or physical analysis of the person’s breath, shall give rise to the following presumptions:
(a)If there was at that time 0.05 percent or less by weight of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(b)If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person’s blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(c)If there was at that time 0.10 percent or more by weight of alcohol in the person’s blood, that fact shall be prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
The percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood. The foregoing provisions of this subsection shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(3)A chemical analysis of a person’s blood to determine its alcoholic content or a chemical or physical analysis of a person’s breath, in order to be considered valid under the provisions of this section, must have been performed substantially in accordance with methods approved by the Florida Department of Law Enforcement and by an individual possessing a valid permit issued by the department for this purpose. Any insubstantial differences between approved techniques and actual testing procedures in an individual case shall not render the test or test results invalid. The Florida Department of Law Enforcement may approve satisfactory techniques or methods, ascertain the qualification and competence of individuals to conduct such analyses, and issue permits which shall be subject to termination or revocation in accordance with rules adopted by the department.
(4)Any person charged with using a firearm while under the influence of alcoholic beverages or controlled substances to the extent that his or her normal faculties were impaired, whether in a municipality or not, shall be entitled to trial by jury according to the Florida Rules of Criminal Procedure
I read it but I'm not sure I understand it like you do. I'll read it again in the morning.
02-27-2011, 06:18 AM
#19
Nontypical Buck
Join Date: May 2006
Location: Huntin' In Colorado
Posts: 2,910
(1)It is unlawful and punishable as provided in s. 790.151 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
When I read this, it's sounds like you cannot carry under the influence. I'd bet a dollar to a doughnut hole that if you were visibly impaired and a LEO knew you were carrying, you'd have a big problem.
It sounds like from reading the rest of it, that if you were under the influence and were forced to protect yourself, they would not prosecute you for doing so. But if they caught you carrying while intoxicated you'd be in trouble. From reading it, I can see the point that you are making.
The only time I carry when I'm drinking alcohol, is in elk camp and at the house. Bad guys or bears don't give a rats behind if your drinking or not! LMAO!!
When I read this, it's sounds like you cannot carry under the influence. I'd bet a dollar to a doughnut hole that if you were visibly impaired and a LEO knew you were carrying, you'd have a big problem.
It sounds like from reading the rest of it, that if you were under the influence and were forced to protect yourself, they would not prosecute you for doing so. But if they caught you carrying while intoxicated you'd be in trouble. From reading it, I can see the point that you are making.
The only time I carry when I'm drinking alcohol, is in elk camp and at the house. Bad guys or bears don't give a rats behind if your drinking or not! LMAO!!
02-27-2011, 01:53 PM
#20
Boone & Crockett
Join Date: Feb 2003
Posts: 10,679
Simply carrying a firearm on your person for self defense while intoxicated is perfectly legal.
It is not legal to actually have in your hand a loaded firearm or to actually discharge a firearm while intoxicated unless you are justified in defense of yourself or another person..... and then you have to have a .10 BAC or higher to be legally intoxicated to the extent that your normal faculties were impaired. Well over the legal limit for driving a vehicle.
It is not legal to actually have in your hand a loaded firearm or to actually discharge a firearm while intoxicated unless you are justified in defense of yourself or another person..... and then you have to have a .10 BAC or higher to be legally intoxicated to the extent that your normal faculties were impaired. Well over the legal limit for driving a vehicle.
Last edited by bigbulls; 02-27-2011 at 01:57 PM.