Ccw In Bars Or Liquor Stores

[Bailey Guns]

If he was convicted of (or plead guilty to) illegally carrying a concealed weapon he may not get his gun back:

18-12-110. Forfeiture of firearms.

Upon the motion of the prosecuting attorney after the conviction of a defendant, the court may order the forfeiture of any firearms which were used by the defendant during the course of the criminal episode which gave rise to said conviction as an element of sentencing or as a condition of probation or of a deferred sentence. Firearms forfeited under this section shall be disposed of pursuant to section 16-13-311, C.R.S.

It's been my experience that most people who commit an offense involving a gun don't get it back based on the above statute. If everything else was dropped except the illegally carrying charge, sounds like he entered into a plea agreement with the DA. Just speculation, though.

[gnihcraes]

Ok, so I must ask/say this, if carrying and or drinking, choose one or the other, doesn't this eliminate the problem of who is right or wrong?

[Irving]

Oh I'm sure that's the issue and you posting that saves me some phone calls. That law should be stricken from the books IMO. At least now counties have been auctioning the guns instead of just destroying them. Oh well.

[Zundfolge]

The lawyer that lectured at my CCW class said that the way the law is written "under the influence" is up to the discretion of the arresting officer and then the district attorney.

There have been people convicted of DUI with a BAL below the legal limit and people never charged with BAL over the legal limit based solely on the performance of the driver in the roadside sobriety testing, so its possible that under some circumstances a single drop of drink could get you convicted while in others you could walk with a .11 BAL.

[Fentonite]

Ok, so I must ask/say this, if carrying and or drinking, choose one or the other, doesn't this eliminate the problem of who is right or wrong?

You are wise, like a blind old Shaolin monk.

[Bailey Guns]

Ok, so I must ask/say this, if carrying and or drinking, choose one or the other, doesn't this eliminate the problem of who is right or wrong?

Most everyone in the discussion has already said it's not a good idea to drink while carrying/using guns.

But is there any need to spread misinformation? Personally, I don't have a problem with the law the way it's written as it leaves the responsibility to act appropriately on the individual...where it should be. All you have to do is look at the CCW revocation stats to see that alcohol isn't a big problem for people with permits.

[275RLTW]

But is there any need to spread misinformation?

Please see your first post....refuted by C.R.S. and confirmed by Larimer, Weld, and Boulder county Sheriff's offices. Look at it this way, under the influence can be as little as 1 sip of alcohol but is determined by the officer, just as speeding is 1 mph over the limit but getting a ticket is at the discretion of the officer. Although not always enforced, any alcohol consumption while in posession of a firearm is illegal.

[Bailey Guns]

Sure...whatever.

[Irving]

It's probably already been at least hinted at, that the way you come into contact with the police is going to be the biggest factor in all of this.

Think of it like having marijuana on you. If you go through say....a dui check point with under an ounce of weed (in Denver) and you don't have any warrants, aren't drunk, and don't act like an ass; the officer might just tell you to drive safe and left you on your way.

But if you are a known gang banger and get caught carrying some weed in the middle of a raid or something; the officers are going to be more likely to toss any charges for possession of pot onto your charges to make your life a little worse. It all really depends on why you are encountering the police in the first place.

[newracer]

Consumption of alcohol while in possession of a firearm is not illegal.

Being under the influence of alcohol is.

AFAIK it has never been tested in court as what "under the influence" is in this case. We can assume it would be the same as "driving under the influence" but we really do not know.

Sheriff offices do not always know the law. The only way to know is for it to be tried in court.

ETA: Speeding 1 mph over the limit is not the same. There is a known and defined speed limit on every road. The limit of alcohol in this case is not defined.