Special Session: SB21 Introduced

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  • swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,458
    Westminster USA
    That's weird for sure. I won't opine on that, other than to say that it is probably a bad idea for other reasons (alcohol does impair judgment and reaction time -- yes only one drink will do so -- lots of studies on that. I can have dinner out without drinking.).
    I was just pointing out that because of the omission of plain "carry" in the statute, it then allows drinking while OC. Stupid for sure but seems legal.

    Of course you know IANAL.

    :D
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    you mean - while concealing

    Right, that's the context for the quote. But, IMHO, drinking and carrying are fundamentally incompatible regardless of mode of carry. If I need to deploy deadly force to protect myself or my loved ones, the last thing I need is to have my judgment or reaction time the least bit impaired. And even one drink will do so. http://alcoholism.about.com/library/weekly/aa021109a.htm
     

    fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    BTW, VA flatly prohibits *any* drinking while carrying. I *never* take even a sip while carrying in VA on my permit. See VA Code Ann. § 18.2-308:

    J3. No person who carries a concealed handgun onto the premises of any restaurant or club as defined in § 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of Virginia may consume an alcoholic beverage while on the premises. A person who carries a concealed handgun onto the premises of such a restaurant or club and consumes alcoholic beverages is guilty of a Class 2 misdemeanor.
    Yet any law enforcement officer, FBI/Federal sworn officer is exempt by that same law. Not saying it is right or wrong...and agree that I do follow that law as well.
     

    Cyndi59

    Active Member
    I think the restuarant point is as lame as the bag tax,no matter what..some will just throw the bag on the ground which is why we have litter.Then I could just see metal detectors inside the door to our favorite places to eat.Just because a eatery sells drinks,a simple stamp or icon on your DL you would be denied a drink..beinging it carrying or not,or as you would a bar..be issued a colored wrist band.Maryland taxes restuarants as is and the smaller ones would fold due to lack of diners.If I'm wearing a short skirt with a thigh holster and see a "no guns" sign,I would think my money is not needed and find one that excepts legal ccw or just venture over to Virginia where my money is excepted.Maryland might not lose money in the restuarants since gambling is the new money cow since the red light and speed cameras are drying up.Other things in the SB bill only a bunch of no life wanks with nothing more than hopes they get re-elected to office would come up with.Maryland should look at other ccw states and compare their statues and come up with true reasonable rules that all could live by.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,458
    Westminster USA
    Right, that's the context for the quote. But, IMHO, drinking and carrying are fundamentally incompatible regardless of mode of carry. If I need to deploy deadly force to protect myself or my loved ones, the last thing I need is to have my judgment or reaction time the least bit impaired. And even one drink will do so. http://alcoholism.about.com/library/weekly/aa021109a.htm

    That's where the phrase "VA Tuck" comes from. Before VA changed the statute 2 years ago the only legal carry at all into an establishment that served alcohol was to "tuck" your shirt behind you pistol so as to be OC.

    I did this whenever I was out in Old Town or Arlington. Glad they fixed it.

    The statute was then changed to allow CC but no imbibing while concealed. Some how OC was not addressed.
     
    Oct 27, 2008
    8,444
    Dundalk, Hon!
    I just got these emails from Sen. James Brochin and Sen. Norman Stone's assistant:

    Hey Guy,
    I agree with you. The bill is not getting out of the drawer and is dead.
    Jim

    and

    I have not seen a SB 21 or any legislation like this. Only SB 1 & SB 2 on gaming & dogs are listed on the Maryland General Assembly at the top of the page on the special session information on bills. Anyway, Senator Stone is for the right to carry.
    JoAnne, Legislative Assistant
     

    BenL

    John Galt Speaking.
    BTW, VA flatly prohibits *any* drinking while carrying. I *never* take even a sip while carrying in VA on my permit. See VA Code Ann. § 18.2-308:

    Even if it weren't the law, it's still simply not a good idea.

    When it comes to alcohol, I have a hard, fast rule: no guns, no motorcycles. Period. If I'm having a drink, I won't even clean my guns.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Even if it weren't the law, it's still simply not a good idea.

    When it comes to alcohol, I have a hard, fast rule: no guns, no motorcycles. Period. If I'm having a drink, I won't even clean my guns.

    Agree completely.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,263
    The last thing you want is to be involved in a shooting and have any alcohol in your system. If you become involved in any legal proceedings that would become a very big issue even ONE beer.

    Blacksmith101
     

    Elliotte

    Ultimate Member
    Aug 11, 2011
    1,207
    Loudoun County VA
    BTW, VA flatly prohibits *any* drinking while carrying. I *never* take even a sip while carrying in VA on my permit. See VA Code Ann. § 18.2-308:
    Close, as best I can tell, it only applies to those with a concealed carry permit (whether you're OCing or CCing). J3 you quoted only applies to drinking in a club or restaurant, but if you scroll up a bit to J1, it says "Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor." There's no mention of open carry, and it only applies to being out in public, but in this one instance those that don't have a CC permit have more rights it appears.

    Not that I advocate mixing alcohol and firearms
     

    Walter

    Active Member
    May 23, 2010
    868
    Guys seriously hop the hell off the no alcohol while carrying train. There has been no state to date that has had any problems with allowing drinking while carrying. Why? Because people who CCW have the common sense to know not to get ****ed up while carrying.

    Remember that if you give antis an inch, they take a mile. You think you're being reasonable and tell the antis that you're willing to give up carrying while having one drink? That ain't good enough for them. They will push for more - no carrying at all when you're in an establishment that serves alcohol even if you're not drinking.

    You guys have it all backwards. Dont offer to give up ANY ground unless you absolutely have to. By the way, please remember that Gerald Ung had been drinking prior to shooting the gang of morons who attacked him. He did everything reasonably possible to diffuse the situation and had huge restraint up until he had no choice.
     

    fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    Guys seriously hop the hell off the no alcohol while carrying train. There has been no state to date that has had any problems with allowing drinking while carrying. Why? Because people who CCW have the common sense to know not to get ****ed up while carrying.

    Remember that if you give antis an inch, they take a mile. You think you're being reasonable and tell the antis that you're willing to give up carrying while having one drink? That ain't good enough for them. They will push for more - no carrying at all when you're in an establishment that serves alcohol even if you're not drinking.

    You guys have it all backwards. Dont offer to give up ANY ground unless you absolutely have to. By the way, please remember that Gerald Ung had been drinking prior to shooting the gang of morons who attacked him. He did everything reasonably possible to diffuse the situation and had huge restraint up until he had no choice.
    Thanks for pointing out Ung...I had forgotten about him.
     

    Straightshooter

    Ultimate Member
    Aug 28, 2010
    5,015
    Baltimore County
    The last thing you want is to be involved in a shooting and have any alcohol in your system. If you become involved in any legal proceedings that would become a very big issue even ONE beer.

    Blacksmith101

    Having alcohol in your system would be bad, but having someone else's lead in your system would be much worse.


    Sent from my DROID RAZR using Tapatalk 2
     

    Mrhyde

    Capitalist-Pig
    May 22, 2010
    1,052
    Bel Air MD
    I tend to agree. I personally don't touch my firearms if I've had a sip.

    But I also agree that law abiding people using common sense can make their own good decisions.

    I'm not willing to give up any ground at all while we have such momentum in our favor. Let the opposition give up their ground. Not ours.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Guys seriously hop the hell off the no alcohol while carrying train. There has been no state to date that has had any problems with allowing drinking while carrying. Why? Because people who CCW have the common sense to know not to get ****ed up while carrying.

    Remember that if you give antis an inch, they take a mile. You think you're being reasonable and tell the antis that you're willing to give up carrying while having one drink? That ain't good enough for them. They will push for more - no carrying at all when you're in an establishment that serves alcohol even if you're not drinking.

    You guys have it all backwards. Dont offer to give up ANY ground unless you absolutely have to. By the way, please remember that Gerald Ung had been drinking prior to shooting the gang of morons who attacked him. He did everything reasonably possible to diffuse the situation and had huge restraint up until he had no choice.

    Walter, with all due respect, we may have to agree to disagree on this point. I am perfectly comfortable with the VA rule. I am not offering it, but I am not going to self-immolate over it if MD imposes the same rule as VA. BTW, NC has the same rule as would be imposed by SB21 -- no carrying at all in bars and that is far worse than VA. As to Ung, he was acquitted and good for him. Even a complete drunk is entitled to self defense -- he is just less able to pull it off successfully than he would have been if he had been cold sober.
     

    CypherPunk

    Opinions Are My Own
    Apr 6, 2012
    3,907
    The problem with allowing the police to control the training is suspose they provide training twice a year. You have to get training within six months of applying for your permit or renewing your permit and if renewing it must be applied for three months prior to expiration. If you miss the training because you are sick, have a wedding or funeral to attend or whatever reason you just blew your chance at getting a renewal and have to start all over again.

    Training must be available from a wide variety of sources to prevent it from being turned into yet another tool for unconstitutionally preventing people from exercising their natural rights as enumerated in the 2nd ammendment.

    Blacksmith101

    How can you get a 'same day' permit for 'urgent needs' (Ganslers brief) if you have to wait 6 months or more for training?
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,828
    Bel Air
    How can you get a 'same day' permit for 'urgent needs' (Ganslers brief) if you have to wait 6 months or more for training?

    I'm sure they will forgo the training requirement if someone needs the permit ASAP for imminent danger. Just like now, if circumstances are right they will issue you a permit the same day, and I bet they don't call your references.
     

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