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  1. #1
    Machine Gunner bellavite1's Avatar
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    Default Carrying In Bar, Restaurants And Liquor Stores

    Is there any regulations and if so do they vary between counties?

  2. #2
    Grand Master Know It All newracer's Avatar
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    Just don't drink, no other restrictions.

  3. #3
    Rebuilt from Salvage TFOGGER's Avatar
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    No restrictions under state law, thus no restrictions on concealed carry with permit statewide. The same rules apply concerning BAC limits as with driving (.5mg/dl) apply to possession of a firearm while intoxicated.

    CRS18-12-106

    Definition of "under the influence" CRS 12-22-303
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  4. #4
    Machine Gunner bellavite1's Avatar
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    Let me clarify, I am not planning to drink, but I want to carry, of course unless there is a sign etc.
    However I seem to remember that in Lakewood, for example, there was a law, ordinance or whatever prohibiting carrying in any establishment that sells alcohol...

  5. #5
    Rebuilt from Salvage TFOGGER's Avatar
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    Quote Originally Posted by bellavite1 View Post
    Let me clarify, I am not planning to drink, but I want to carry, of course unless there is a sign etc.
    However I seem to remember that in Lakewood, for example, there was a law, ordinance or whatever prohibiting carrying in any establishment that sells alcohol...
    Like everything else concerning concealed carry, superceded by CRS 18-12-201
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  6. #6
    Grand Master Know It All newracer's Avatar
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    Quote Originally Posted by TFOGGER View Post
    No restrictions under state law, thus no restrictions on concealed carry with permit statewide. The same rules apply concerning BAC limits as with driving (.5mg/dl) apply to possession of a firearm while intoxicated.

    CRS18-12-106

    Definition of "under the influence" CRS 12-22-303
    "Under the influence" is not defined for CCW. While it is believed to be the same as driving that may not be the case.

  7. #7
    Grand Master Know It All OneGuy67's Avatar
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    Quote Originally Posted by TFOGGER View Post
    No restrictions under state law, thus no restrictions on concealed carry with permit statewide. The same rules apply concerning BAC limits as with driving (.5mg/dl) apply to possession of a firearm while intoxicated.

    CRS18-12-106

    Definition of "under the influence" CRS 12-22-303
    By going to CRS 18-12-106, subsection (1)(d) will give you the CRS 12-22-303, which is the definition for a controlled substance, specifically stating subsection (7), which is:

    (7) "Controlled substance" shall have the same meaning as in section 18-18-102 (5), C.R.S.

    There is no specific definition for "under the influence" in relation to CCW, as NewRacer has pointed out.
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  8. #8
    Rebuilt from Salvage TFOGGER's Avatar
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    Quote Originally Posted by OneGuy67 View Post
    By going to CRS 18-12-106, subsection (1)(d) will give you the CRS 12-22-303, which is the definition for a controlled substance, specifically stating subsection (7), which is:

    (7) "Controlled substance" shall have the same meaning as in section 18-18-102 (5), C.R.S.

    There is no specific definition for "under the influence" in relation to CCW, as NewRacer has pointed out.
    oops...got in a hurry

    I'll update it later, assuming I can find the appropriate statute.

    My understanding is that for the purposes of 18-12-106, the courts are applying the same standards as for DUI, but I haven't been able to research the precedents yet. Either way, it's a class 2 misdemeanor to be in possession of a firearm while intoxicated.

    Maybe 18-1-804 Or 42-4-1301
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  9. #9
    Beer Meister DFBrews's Avatar
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    Quote Originally Posted by TFOGGER View Post
    oops...got in a hurry

    I'll update it later, assuming I can find the appropriate statute.

    My understanding is that for the purposes of 18-12-106, the courts are applying the same standards as for DUI, but I haven't been able to research the precedents yet. Either way, it's a class 2 misdemeanor to be in possession of a firearm while intoxicated.
    lets do a Irvingesque what if... you are sitting at home having a few beers watching what ever someone breaks in and you have to resort to deadly force. can/will they still hit you with the misdemeanor?
    You sir, are a specialist in the art of discovering a welcoming outcome of a particular situation....not a mechanic.

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  10. #10
    Zombie Slayer Zundfolge's Avatar
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    Quote Originally Posted by DFBrews View Post
    lets do a Irvingesque what if... you are sitting at home having a few beers watching what ever someone breaks in and you have to resort to deadly force. can/will they still hit you with the misdemeanor?
    I'm going to guess ('cause I'm not a lawyer) but I'd bet that self defense is an affirmative defense (specifically one of "necessity") against the "intoxicated with a firearm" charge.
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