Open carry, beer in hand, no shooting?
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- Wileyone
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Re: Open carry, beer in hand, no shooting?
I'll admit I've had an adult beverage while carrying my gun. Notice I said beverage, not beverages... I believe open carry while drinking just invites some ninny to call to the authorities and report you as intoxicated whether you are or not, which just creates a hassle for everybody.
Get yourself a Glock and lose that nickel-plated sissy pistol.
- Chuck
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Re: Open carry, beer in hand, no shooting?
Let's say that you have borrowed my weed whacker and you are bringing it backcarmen fovozzo wrote:Chucky baby...It's not normal to carry a beer while whacking your weeds....that is what I want to know...
I come out to greet you in my driveway and hand you a beer just as you are getting the weed whacker out of your truck
You make normal behavior sound abnormal, somehow,,,,
Ain't activism fun?
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What I can do, I should do. And what I should do, by the grace of GOD, I will do."- Edward Everett Hale (descendant of Nathan Hale)
"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington
"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."- Edward Everett Hale (descendant of Nathan Hale)
- Chuck
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Re: Open carry, beer in hand, no shooting?
Hell, Carmen, far as that goes, you oughtta love this:
I have a "coolie", you know, those styrofoam things to keep your drink cold, well I have several of those that hang around your neck for canoeing. They leave your hands free for paddling.
They're also great for holding a beer while mowing the three acres I mow.
That'd be what? Open carrying while carrying an open beer?
Never been an issue, and the deputy sheriff goes by several times a day, we smile and wave.
I have a "coolie", you know, those styrofoam things to keep your drink cold, well I have several of those that hang around your neck for canoeing. They leave your hands free for paddling.
They're also great for holding a beer while mowing the three acres I mow.
That'd be what? Open carrying while carrying an open beer?
Never been an issue, and the deputy sheriff goes by several times a day, we smile and wave.
Ain't activism fun?
"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington
"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."- Edward Everett Hale (descendant of Nathan Hale)
"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington
"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."- Edward Everett Hale (descendant of Nathan Hale)
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Re: Open carry, beer in hand, no shooting?
Confucius say : No whack your weed with beer in hand.....it's not possible.. not normal...
Life is full of God given coincidences..
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- pirateguy191
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Re: Open carry, beer in hand, no shooting?
You mean Confused say:?carmen fovozzo wrote:Confucius say : No whack your weed with beer in hand.....it's not possible.. not normal...
"In this present crisis, government is not the solution to our problem; government is the problem." - Ronald Reagan
"When democracy turns to tyranny, the armed citizen still gets to vote." ~ Mike Vanderboegh
NRA member, NRA basic pistol instructor, DBACB
"When democracy turns to tyranny, the armed citizen still gets to vote." ~ Mike Vanderboegh
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Re: Open carry, beer in hand, no shooting?
About 20 years ago i was pullled over by OSP shortly after they watched me leave a local bar. He asked if i had been drinking. I said yes, ive had 4 beers in 4 hours, which was the truth. After the field sobriety test, I was arrested, cuffed, and taken to the Hamilton post for a breathalyser. We chatted on the way to the post. There were two of them in the cruiser. The conversation was pleasant and cooperative all the way around. During the conversation, I asked "so, when i blow under the legal limit, are you going to bring me back to my car, or do i need to call for a ride? They said "no, you will still be charged even if under the limit. Youve admitted to drinking and we feel you are impaired, the result is just a gage for the judge to go by."
After i blew a zero, they took me back to my car and wrote a bs ticket for improperly displayed license plate.
I dont believe i did anything in the field sobriety test to "fail". I think that based on my admission, and where they watched me leave from, they thought they had an easy dui.
Now, with regard to having a firearm, and consuming alcohol, its not likely you would have a "zero" breathalyser result to exonerate you, and you would be at the mercy of the officers discretion, which, could easily get you charged, regardless of your actual level of "intoxication".
Btw… lesson learned… .dont talk to the cops beyond what is absolutely necessary , and dont take a field sobriety test.
After i blew a zero, they took me back to my car and wrote a bs ticket for improperly displayed license plate.
I dont believe i did anything in the field sobriety test to "fail". I think that based on my admission, and where they watched me leave from, they thought they had an easy dui.
Now, with regard to having a firearm, and consuming alcohol, its not likely you would have a "zero" breathalyser result to exonerate you, and you would be at the mercy of the officers discretion, which, could easily get you charged, regardless of your actual level of "intoxication".
Btw… lesson learned… .dont talk to the cops beyond what is absolutely necessary , and dont take a field sobriety test.
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"An armed society is a polite society. Manners are good when one may have to back up his acts with his life." - Robert Heinlein
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life." - Robert Heinlein
- TJW815
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Re: Open carry, beer in hand, no shooting?
Confucius thinks; Might get weeds in beer. Make beer no taste good no more. Not wise to waste good beer.carmen fovozzo wrote:Confucius say : No whack your weed with beer in hand.....it's not possible.. not normal...
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Re: Open carry, beer in hand, no shooting?
Thank you Chuck for explaining possible scenarios.carmen fovozzo wrote:OP...can you tell me why you would have a beer in you're hand in that situation in the first place ?
Carmen, I was simply trying to get clear the law in some scenarios. OK, I guess I have never had a beer in one hand WHILE weedeating.... but let's just play the game please? The question was about the scenarios of doing something at home with a beer in hand and EDC holster on as normal....
If it pleases you better, I CAN tell you have had a beer in one hand while LEAF BLOWING in the other. Does that satisfy you now?
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Re: Open carry, beer in hand, no shooting?
Does this help ?phillip wrote:carmen fovozzo wrote:OP...can you tell me why you would have a beer in you're hand in that situation in the first place ?
Thank you Chuck for explaining possible scenarios.
Carmen, I was simply trying to get clear the law in some scenarios. OK, I guess I have never had a beer in one hand WHILE weedeating.... but let's just play the game please? The question was about the scenarios of doing something at home with a beer in hand and EDC holster on as normal....
If it pleases you better, I CAN tell you have had a beer in one hand while LEAF BLOWING in the other. Does that satisfy you now?
Life is full of God given coincidences..
A MEMBER OF OFCC SINCE 2004...
Thanks for shopping at Charmin Carmens
A MEMBER OF OFCC SINCE 2004...
Thanks for shopping at Charmin Carmens
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Re: Open carry, beer in hand, no shooting?
tbrew85 wrote:About 20 years ago i was pullled over <snip>
Btw… lesson learned… .dont talk to the cops beyond what is absolutely necessary , and dont take a field sobriety test.
Admit nothing, just don't lie.
Since getting my last ticket for seatbelt I have a new mantra when pulled over.
Officer, I understand that I have been pulled over for some perceived traffic enforcement reason, I don't have anything to say but please go ahead and act accordingly with your duty.
http://www.youtube.com/watch?v=qOxXpNBdrVE" onclick="window.open(this.href);return false;
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When seconds count, the police are only minutes away!
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- Klingon00
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Re: Open carry, beer in hand, no shooting?
It probably goes without saying, but just so new folks don't get the wrong idea, if you are carrying, the first words out of your mouth should be to notify.pleasantguywhopacks wrote:tbrew85 wrote:About 20 years ago i was pullled over <snip>
Btw… lesson learned… .dont talk to the cops beyond what is absolutely necessary , and dont take a field sobriety test.
Admit nothing, just don't lie.
Since getting my last ticket for seatbelt I have a new mantra when pulled over.
Officer, I understand that I have been pulled over for some perceived traffic enforcement reason, I don't have anything to say but please go ahead and act accordingly with your duty.
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Re: Open carry, beer in hand, no shooting?
OK a differant angle on the question you are in your home and you polished off a half a bottle of your favorite wine and are considered over the legal limit. All of a sudden your front door is kicked in and you are forced to defend your self.
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- pirateguy191
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Re: Open carry, beer in hand, no shooting?
Boom, boom and out go the lights. I don't care what the circumstances are, I will defend myself and my family.steves 50de wrote:OK a differant angle on the question you are in your home and you polished off a half a bottle of your favorite wine and are considered over the legal limit. All of a sudden your front door is kicked in and you are forced to defend your self.
"In this present crisis, government is not the solution to our problem; government is the problem." - Ronald Reagan
"When democracy turns to tyranny, the armed citizen still gets to vote." ~ Mike Vanderboegh
NRA member, NRA basic pistol instructor, DBACB
"When democracy turns to tyranny, the armed citizen still gets to vote." ~ Mike Vanderboegh
NRA member, NRA basic pistol instructor, DBACB
- BobK
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Re: Open carry, beer in hand, no shooting?
Falls under the legal doctrine of "NECESSITY", basically the same principle that justifies shooting someone at all.steves 50de wrote:OK a differant angle on the question you are in your home and you polished off a half a bottle of your favorite wine and are considered over the legal limit. All of a sudden your front door is kicked in and you are forced to defend your self.
After all, it is illegal to shoot someone. However, the risk to your life makes shooting them a necessity.
Similarly, it is illegal to be drunk and have a firearm. However, the risk to your life makes having the firearm while drunk a necessity.
Personally, I like they way they define necessity in Texas law to well illustrate the principle, but the same basic principle applies in common law.
Texas PC §9.22. NECESSITY. Conduct is justified if:
(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;
(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and
(3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.
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More Obamination. Idiots. Can't we find an electable (R) for 2016?
This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
- Werz
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Re: Open carry, beer in hand, no shooting?
But see State v. Beyer, 2012-Ohio-4578 (5th Dist.). There's not a lot of case law on the issue, but what exists seems to recognize the difference between the deployment of a firearm to meet a clear and present danger, and the act of carrying around a firearm while intoxicated because you might be subject to a mortal threat.BobK wrote:Falls under the legal doctrine of "NECESSITY", basically the same principle that justifies shooting someone at all.steves 50de wrote:OK a differant angle on the question you are in your home and you polished off a half a bottle of your favorite wine and are considered over the legal limit. All of a sudden your front door is kicked in and you are forced to defend your self.
Also note the following:
- Self-defense requires a "reasonable belief" of imminent death or serious bodily harm. In self-defense situations which are not "clear cut," intoxication may substantially affect the reasonableness of one's belief.
- The former defense of "voluntary intoxication" which had developed under Ohio case law disappeared on October 27, 2000, after the Ohio General Assembly enacted the current R.C. 2901.21(C). See State v. Koballa, 2014-Ohio-3592, at ¶21-25 (8th Dist.).
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.