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Constitutional carry in GA and alcohol

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alcohol
1.8K views 15 replies 5 participants last post by  AtlPhilip  
#1 ·
Can you constitutional carry and drink alcohol at a restaurant as long as it’s not posted at the restaurant that weapons are not allowed? I think it would be the same as having a permit and it being legal as long as the firearm is not discharged while intoxicated, but I’m not certain.
 
#3 ·
2006


(a) Except as provided in Code Section 16-11-127.1, a person is guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense.​
(b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part. (c) This Code section shall not apply to competitors participating in organized sport shooting events. Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, magistrates, solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings. (d) It is an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a public gathering of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by the law enforcement officer or other person employed to provide security for a public gathering.​

Remember the bad old days before GCO?
 
#4 ·
2006


(a) Except as provided in Code Section 16-11-127.1, a person is guilty of a misdemeanor when he or she carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense.​
(b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part. (c) This Code section shall not apply to competitors participating in organized sport shooting events. Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, magistrates, solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings. (d) It is an affirmative defense to a violation of this Code section if a person notifies a law enforcement officer or other person employed to provide security for a public gathering of the presence of such item as soon as possible after learning of its presence and surrenders or secures such item as directed by the law enforcement officer or other person employed to provide security for a public gathering.​

Remember the bad old days before GCO?
Yep, back then you could even be breaking the law by going to applebees. Good thing that was removed and bars (and restaurants that serve) are treated like private property now. Now if we could just get the same with Church (instead of having to be granted permission).
 
#7 ·
Marijuana has some very special provisions there, see (a)(3) and (b). Basically any amount in the blood or urine, including metabolites and derivatives. I wonder how long they can be detected?

For a single use event, the cannabinoid detection window is about 3-4 days using the 50 ng/mL cutoff concentration; for chronic use, it would not be longer than 21 days even at low (20 ng/mL) cutoff levels.

Other drugs, even if prescribed, can also result in a charge.
 
#13 ·
In this particular person's case, testing via urine. He was 300 lbs + with almost zero physical activity. He has since passed away. His wife at the time, a nurse, could pee clean after as little as 3 days. He was going to a private lab getting tested on his own dime. He was testing below the 50 threshold, but not the 25 threshold at 70 days.
 
#15 ·
I do not practice criminal law, so I am going to stop here from commenting on this subject. The posts above are not the product of diligent and careful legal research, nor are they from any sort of vast experience in the field.

Nobody here should rely upon them as legal advice, as with all my posts here, which are made as personal entertainment and almost never are the product of actual legal work or diligent legal research.