CCP Question

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CCP Question

Post by msduckslayer on Thu May 12, 2011 8:36 pm

Im new to this forum and am very exited about what im finding here. My question is regarding Blood Alcohol level, while carrying a pistol with a CCP. Im sure there is a law devoted to this but I cannot find it. To many grey areas in Mississippi gun laws and I dont want to get in to trouble due to my ignorance. Thanks.

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Re: CCP Question

Post by Kevin346 on Thu May 12, 2011 8:40 pm

msduckslayer wrote:Im new to this forum and am very exited about what im finding here. My question is regarding Blood Alcohol level, while carrying a pistol with a CCP. Im sure there is a law devoted to this but I cannot find it. To many grey areas in Mississippi gun laws and I dont want to get in to trouble due to my ignorance. Thanks.


From my understanding, once you have consumed alcoholic beverages then your permit is “void” and you cannot carry. Basically you can only carry sober, but I do not know what the limit is on how much you can drink before this takes affect.
I know personally whenever I do go out and have a drink, which is very very rare, I will keep my gun in the car (of course I am not driving either :-)).

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Re: CCP Question

Post by jakeg823 on Thu May 12, 2011 9:16 pm

Gotta agree with Kevin, don't drink n drive or carry PERIOD

I believe it's in the list of can't carries that you would have seen when you applied for your permit. 99.9999999999% sure that any alcohol consumption at all makes you illegally carrying, not in a reading mood tonight though, so I'll let someone else spell out the law tonight. The definite answer will come along shortly I'm sure

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Re: CCP Question

Post by msduckslayer on Thu May 12, 2011 9:19 pm

Not in any information provided when recieving my permit. Not looking to get drunk and pack a pistol just would like to see it in writing and know if the limit is because im sure they dont let drunks carry pistols.

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Re: CCP Question

Post by msredneck on Thu May 12, 2011 9:36 pm

Its nit picking....

But if you look at your card

Its a Mississippi Firearms Permit

Not a CCW....Not a CCP...lets call it by its proper name

I have no clue what any of the drinkin limits are...could care less...You drink...leave the gun...

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Re: CCP Question

Post by speedyrev on Thu May 12, 2011 9:52 pm

I would say that the limit is ANY alcohol.

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Re: CCP Question

Post by msduckslayer on Thu May 12, 2011 10:08 pm

Im not looking for opinions, I want to know where it is WRITTEN.

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Re: CCP Question

Post by Kevin346 on Thu May 12, 2011 10:11 pm

I looked around a bit trying to find where I read about it but I couldn’t find it right off. But I am sure if they don’t want you driving after you drink then they sure as heck don’t want you packing heat when you drink.

Besides, if you ever have to use it and you have been drinking then it wont look that good on your part.

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Re: CCP Question

Post by msredneck on Thu May 12, 2011 10:11 pm

If you don't want opinions...why did you come to a gun forum

rotflmao

Go talk to Dept of Public Safety then


Last edited by msredneck on Thu May 12, 2011 10:45 pm; edited 1 time in total

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Re: CCP Question

Post by msduckslayer on Thu May 12, 2011 10:23 pm

looking for directions to finding the written law

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Re: CCP Question

Post by msredneck on Thu May 12, 2011 10:29 pm


It's nebulous....

Its also common sense...

what do you want them to tell ya...Hell yeah...You can drink...but stop at X # of beers ?

http://www.dps.state.ms.us/dps/dps.nsf/webpages/firearms_carrylaw?OpenDocument

45-9-101

f)
Does not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under the laws of this state or similar laws of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;

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Re: CCP Question

Post by speedyrev on Fri May 13, 2011 7:11 am

Bottom line. If you ever had to use your weapon for defense, you don't want ANY alcohol in your system. If you squeaked by criminally, you would most certainly get screwed civilly.
Why does it matter what the letter of the law is anyway?

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Re: CCP Question

Post by msredneck on Fri May 13, 2011 7:37 am

"Why does it matter what the letter of the law is anyway?"


Could not have said it better myself....


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Re: CCP Question

Post by jakeg823 on Fri May 13, 2011 10:57 am

"letter of the law:"

(13)
No license issued pursuant to this section shall authorize any person to carry a concealed pistol or revolver into any place of nuisance as defined in Section 95-3-1,Mississippi Code of 1972; any police, sheriff or highway patrol station; any detention facility, prison or jail; any courthouse; any courtroom, except that nothing in this section shall preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his courtroom; any polling place; any meeting place of the governing body of any governmental entity; any meeting of the Legislature or a committee thereof; any public park unless for the purpose of participating in any authorized firearms-related activity; any school, college or professional athletic event not related to firearms; any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages; any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose; any elementary or secondary school facility; any junior college, community college, college or university facility unless for the purpose of participating in any authorized firearms-related activity; inside the passenger terminal of any airport, except that no person shall be prohibited from carrying any legal firearm into the terminal if the firearm is encased for shipment ,for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; any church or other place of worship; or any place where the carrying of firearms is prohibited by federal law. In addition to the places enumerated in this subsection, the carrying of a concealed pistol or revolver may be disallowed in anyplace in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the "carrying of a pistol or revolver is prohibited." No license issued pursuant to this section shall authorize the participants in a parade or demonstration for which a permit is required to carry a concealed pistol or revolver.


In other words you do what you want on your own property, but when in public, if you aren't allowed in a "bar" or in a area of a restaurant that primarily sells alcohol, then you can't drink. It's not written here, but any reasonable person can understand what they're getting at. That was in the info you got with your Firearms Permit. When in doubt, copy and paste the law into a word document, and use the search function to find key words like "alcohol."

When I carry in public, I don't even touch a drink, period.

What is the point in carrying to protect myself and those I love if I'm under the influence of alcohol and cannot competently do so?

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Re: CCP Question

Post by 94LEVERFAN on Fri May 13, 2011 1:03 pm

jakeg823 wrote:"letter of the law:"

(13)
No license issued pursuant to this section shall authorize any person to carry a concealed pistol or revolver into any place of nuisance as defined in Section 95-3-1,Mississippi Code of 1972; any police, sheriff or highway patrol station; any detention facility, prison or jail; any courthouse; any courtroom, except that nothing in this section shall preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his courtroom; any polling place; any meeting place of the governing body of any governmental entity; any meeting of the Legislature or a committee thereof; any public park unless for the purpose of participating in any authorized firearms-related activity; any school, college or professional athletic event not related to firearms; any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages; any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose; any elementary or secondary school facility; any junior college, community college, college or university facility unless for the purpose of participating in any authorized firearms-related activity; inside the passenger terminal of any airport, except that no person shall be prohibited from carrying any legal firearm into the terminal if the firearm is encased for shipment ,for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; any church or other place of worship; or any place where the carrying of firearms is prohibited by federal law. In addition to the places enumerated in this subsection, the carrying of a concealed pistol or revolver may be disallowed in anyplace in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the "carrying of a pistol or revolver is prohibited." No license issued pursuant to this section shall authorize the participants in a parade or demonstration for which a permit is required to carry a concealed pistol or revolver.


In other words you do what you want on your own property, but when in public, if you aren't allowed in a "bar" or in a area of a restaurant that primarily sells alcohol, then you can't drink. It's not written here, but any reasonable person can understand what they're getting at. That was in the info you got with your Firearms Permit. When in doubt, copy and paste the law into a word document, and use the search function to find key words like "alcohol."

When I carry in public, I don't even touch a drink, period.

What is the point in carrying to protect myself and those I love if I'm under the influence of alcohol and cannot competently do so?


After July 1rst, with an endorsement, this will no longer apply. People with an endorsement(HB506) will be perfectly legal carrying in bars. Does not address consumption.

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Re: CCP Question

Post by jakeg823 on Fri May 13, 2011 1:10 pm

You're correct 94...still what the law says and what is responsible are very different things in most cases, this one included. But like 'neck said, some folks always gotta walk on the edge....

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Re: CCP Question

Post by captain-03 on Fri May 13, 2011 3:23 pm

speedyrev wrote:Why does it matter what the letter of the law is anyway?


Come on guys -- the poster asked a question .... wants to know what the law reads .... nothing wrong with that ....

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Re: CCP Question

Post by msduckslayer on Fri May 13, 2011 3:39 pm

Lets not act like yall are morally superior to me just because I asked the question. I dont want to hear "you see where their going with it" or "its common sense". If I wanted an ignorant opinion I would simply call the MHP. Im looking to find it in writting and it looks like yall dont know where to find it but thanks for reading and let me know if anyone runs accross it.
P.S. The code{law} posted above does not answer my question, I have already seen and know the laws provided by the DPS.

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Re: CCP Question

Post by speedyrev on Fri May 13, 2011 3:46 pm

Gave my best answer and it wasn't received well.

There isn't a specific law regarding consumption of alcohol in the portion that covers the firearms permit.

Maybe a LEO or lawyer can chime in who can quote where it is written.

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Re: CCP Question

Post by msduckslayer on Fri May 13, 2011 3:57 pm

Ive had some people tell me it is a felony to carry while intoxicated and others tell me it is not illegal. You would think a felony is serious enough to make sure everyone is perfectly clear on the subject.

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