Is it Illegal to Possess a Firearm While Under the Influence of Alcohol or Drugs? (2023)

It is almost always a crime to possess a firearm while under the influence of alcohol or any controlled substance. Many states also prohibit people from carrying a firearm into establishments that serve liquor (such as bars and nightclubs), even with a concealed carry permit, and even if you are not drinking.

(Video) Is It Illegal to Possess a Firearm While Drunk or High?

The laws that apply to you depend on the state in which you live. To learn more about the gun laws in your state, see Gun Control Laws, and click the link to your state under the section entitled "Gun Laws by State".

(Video) Is it illegal to possess a gun while intoxicated in Nevada? 2020 UPDATE IN DESCRIPTION

But I have a concealed carry permit. May I carry my weapon while intoxicated?

Having a concealed carry permit does not give you free reign to carry your weapon at any time or under every circumstance that you wish. Most permits come with a set of places or circumstances where you may not carry your gun, and one circumstance is usually while you are under the influence of drugs or alcohol.

(Video) Alcohol, Drugs, & Guns | U.S. LawShield LIVE Ep. 6

This is the case in Tennessee, where as a concealed carry permit holder, you may have your license suspended for up to three years (in addition to fines and possible jail time) for drinking in an establishment that sells liquor while in possession of your firearm.

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Getting Legal Help

Penalties for violating firearms laws can include serious fines and long prison terms. If you have specific questions or are facing firearms-related charges, contact an experienced criminal defense attorney.

(Video) Can you drink alcohol while carrying a firearm in Florida?


Can you have a gun around alcohol? ›

It is almost always a crime to possess a firearm while under the influence of alcohol or any controlled substance. Many states also prohibit people from carrying a firearm into establishments that serve liquor (such as bars and nightclubs), even with a concealed carry permit, and even if you are not drinking.

Can you carry a gun if you have been drinking in Texas? ›

According to Texas concealed carry laws, you might be able to have a drink while carrying a concealed weapon in Texas, but you certainly can't be “intoxicated.” If you're at all impaired — and this includes drugs — or if you're above the legal alcohol limit, it is considered illegal to carry a firearm (even if you are ...

Can you be drunk and carry a gun in PA? ›

Perhaps to your surprise, Pennsylvania law does not prohibit an individual from carrying a firearm in a bar or establishment which sells liquor for consumption on the premises. In fact, in Pennsylvania it is not even illegal to drink alcohol while lawfully carrying a firearm.

Can you carry a gun while drinking in Indiana? ›

In fact, with few exceptions, it's perfectly legal to carry a weapon in virtually any public place in Indiana, like a restaurant or a bar. Gun owners can even enjoy a beer while carrying a gun as long as they don't get drunk.

Is it a felony to carry a gun while drinking in Ohio? ›

(A) No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance. (B) Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree.

Can an alcoholic own a gun in Florida? ›

Although rules to purchase and possess a gun or firearm are, for the most part, lenient in Florida, there are still some guidelines that must be obeyed. Specifically, it is unlawful for any convicted felon, drug addict, alcoholic, mental incompetent, or vagrant to own, use or possess any type of gun or firearm.

Can I ride with my gun in my car Texas? ›

Texas law generally restricts people from intentionally, knowingly, or recklessly openly carrying handguns in plain view of other people in motor vehicles and watercraft that they own or under their control, unless they carry the handgun in a holster and are either at least 21 years old or licensed to carry a handgun.

Can I buy a gun if I have a DUI in Texas? ›

You can have a DWI in Texas and still purchase a gun if: Your DWI was not a felony and you do not have any other felony charges. You are not currently being charged with a Class B or A misdemeanor (the most common charges for 1st-time DWI offenders) or any charge that may land you in jail for more than one year.

What is the 51% law in Texas? ›

Red Handgun Warning Sign

Alcoholic beverage retailers that derive 51% or more of its income from the sale of alcoholic beverages for on-premises consumption must post the red sign. The red sign has 51% in large red letters superimposed over a warning that says possession of a handgun on the premises is unlawful.

What crimes prevent you from owning a gun in PA? ›

Criminal trespass (at the level of second degree felony or higher); Robbery or robbery of a motor vehicle; Felony theft or felony extortion accompanied by threats of violence (if it is the second conviction for said felony);

Can you have a gun in your house without a license in PA? ›

Carrying Firearms in Pennsylvania

6106 and prohibits a person from carrying a firearm without a proper license. You are allowed to carry a firearm without a license: in your own home; and. in your fixed place of business.

Who Cannot possess a firearm in PA? ›

A person may not possess a firearm in Pennsylvania if they: Have been convicted of certain criminal offenses or adjudicated delinquent for acts that would be certain criminal offenses if committed by an adult. Are a fugitive from justice.

Who can not carry a gun in Indiana? ›

A person convicted of a felony at the state or federal level. A person with a pending felony case. A person who has fled a state to evade criminal charges or testifying at a criminal trial. Any person who is not lawfully present in the U.S.

Can a non violent felon carry a gun in Indiana? ›

If you have been convicted of a felony, you are not permitted to carry a firearm. This is true under Indiana law and federal law. Additionally, Indiana has a separate code that prohibits a person deemed to be a serious violent felon from possessing a firearm.

Can you open carry in Walmart in Indiana? ›

3, the company asked customers to not open carry in its Walmart and Sam's Club stores, with the exception of law enforcement. In addition, Walmart has stopped selling handgun ammunition, including bullets that are used in hunting rifles, as they can also be used in military-style weapons.

What misdemeanors disqualify you from owning a gun in Ohio? ›

Any DRUG offense (except for Minor Misdemeanor Drug Possession or Minor Misdemeanor Drug Paraphernalia offenses after 1 year from conviction date). Assault on a Peace Officer. A conviction/juvenile adjudication for Domestic Violence, or a guilty or no contest plea to a lesser charge in which physical force was present.

Can you own a gun with a DUI in Ohio? ›

So if you have a charge of a DUI or an OVI on your record, you are not immediately barred or disqualified from being able to get concealed weapons to permit. If you are interested in obtaining a concealed weapons permit and you have a DUI on your record, you can typically become licensed to carry.

Can I carry a gun in a bar in Ohio? ›

Section 2923.121 | Possession of firearm in beer liquor permit premises - prohibition, exceptions. (A) No person shall possess a firearm in any room in which any person is consuming beer or intoxicating liquor in a premises for which a D permit has been issued under Chapter 4303.

What makes you ineligible to own a gun in Florida? ›

Unlawful user or addicted to a controlled substance. Adjudicated mentally defective or involuntarily committed to treatment. Illegal alien. Dishonorable discharge from the US Armed Forces.

Can a bartender carry a gun in Florida? ›

Under Florida Law, a person is not allowed to carry firearms inside an establishment whose main purpose is to sell alcohol. For example, if you go into a restaurant with a bar you cannot carry a firearm in the bar area, only the dining area.

Who Cannot carry a gun in Florida? ›

Even though Floridians do not need a license to possess a weapon, if you are a convicted felon or your ownership rights were revoked for some reason, you are not allowed to buy, own, possess, or carry a gun.

Can I keep a gun in my glove box in Texas? ›

Without an LTC, a handgun must be kept concealed. That means that a handgun can be kept in the glove box, on the front seat (so long as it's covered), or some other location where it is not in “Plain view.” Meanwhile, a shotgun or rifle can be left in plain view, even without an LTC.

Can I carry a pistol in my car at 18 in Texas? ›

The answer is yes you are allowed to have the weapon in your car. The Texas Motorist Protection Act (HB 1815), permits any law-abiding Texas resident the legal right to carry a handgun inside their motor vehicle in Texas without a Handgun License to Carry or any other permit.

Can you take a gun to Mexico? ›

No, Mexican Federal Law strictly forbids possession of any firearms or ammunition without proper authorization by the Mexican authorities and is considered a “federal firearms offense”. The offense carries stiff penalties; possession of a single weapon or bullet carries a penalty of up to 5 years in Mexican prison.

Can I own a gun in Texas if I have a misdemeanor? ›

Under Texas law, anyone convicted of a Class A domestic violence misdemeanor cannot have a gun for 5 years following his/her release from jail/ prison or community supervision.

Can you buy a gun if you have a Class B misdemeanor in Texas? ›

If you have a DWI, which is a Class B or Class A misdemeanor, you may not be able to legally buy a gun in Texas. Misdemeanors falling under these two classes are ones that could potentially result in jail time of a year or more, which would prevent you from purchasing a firearm under federal law while under indictment.

Can a felon be in a car with a gun in Texas? ›

Possession of a Firearm by a Convicted Felon is a Criminal Charge in Texas. Under Texas law, a person who's been convicted of a felony can be charged with unlawful possession of a firearm.

Can you buy a gun if you have depression Texas? ›

Federal law also generally prohibits people from possessing firearms if they have been involuntarily hospitalized or committed to a mental health or substance abuse treatment facility by a court, board, commission, or other lawful authority.

Can I own a gun after a 5150? ›

About This Article Briefly: After a first 5150 hold, the person held is not permitted to purchase, own or receive a firearm for five years. If the person undergoes a second 5150 hold within one year, the ban is for life.

Can someone with a 5150 get a gun? ›

If a person detained on a 5150 is officially admitted to a designated inpatient facility for DTS or DTO, California law prohibits them from purchasing or owning a firearm for the next five years.

Can you own a gun after DUI in PA? ›

Yes, a single DUI conviction will not prevent you from buying a gun in Pennsylvania. However, if you've been convicted of three or more DUIs in the past five years, you will be prohibited from buying a gun.

Can you own a gun if a felon lives in your house in PA? ›

In Pennsylvania, inclusive of Bucks County and all counties, a convicted felon cannot own, be in the same place with, or use a firearm, even if the firearm is legal or legally owned by another individual in the household. There is no exception to the rule.

Can my wife carry my gun in Pennsylvania? ›

#2 Only I can carry a gun that I bought myself.

This is false. If you own a gun, your partner or family member can carry your gun provided that they are not banned under federal or state law. If that is the case, there is no issue for that person to carry your weapon.

Can you ride around with a gun without a license? ›

History: 2021, No. 956, § 2.. (a), the possessor of a handgun must have an unlawful intent to employ it as a weapon against a person in order to make that possession a criminal act. So carry in a vehicle without a permit is legal for anyone who can legally possess a firearm.

Can an 18 year old open carry a pistol in PA? ›

I § 21), all citizens preserve a right to “bear arms in defense of themselves and the State.” Because Pennsylvania maintains an open carry policy, anyone who is at least 18 years of age, and is not prohibited by law to own and hold firearms, may openly carry a handgun in plain sight without a license, except in ...

Can you open carry a loaded gun in PA? ›

(a) General rule. --Except as provided in Title 34 (relating to game), no person shall carry a loaded pistol, revolver, shotgun or rifle, other than a firearm as defined in section 6102 (relating to definitions), in any vehicle.

Are Pennsylvania gun laws strict? ›

Pennsylvania has strict gun laws, and authorities take weapons offenses very seriously. Penalties for conviction of a crime involving a gun are severe. If you are facing gun crime charges, seek the assistance of a veteran criminal defense attorney who can zealously advocate for your rights.

Why would you be denied a gun permit in Pennsylvania? ›

C.S. § 6109, a person is ineligible for a License to Carry Firearms if they're an individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety. As you can see, that's a pretty malleable standard.

Can you carry an AR 15 in PA? ›

Unlike New Jersey, Pennsylvania does not limit the type of weapon which a person may possess. This means that a person within the Commonwealth may possess a handgun, rifle, shotgun, or an assault weapon without the need for any type of purchaser identification card or permit.

Can you carry a gun in a bar in Texas? ›

Under Texas law you cannot carry a firearm into a bar. You'll know it's a bar because bars are required by the Texas Alcoholic Beverage Commission to post 51% signs indicating that the establishment derives more than 51% of its revenue through the sale of alcohol for on-site consumption.

Can you legally carry a gun around? ›

Last updated January 5, 2023 . A U.S. citizen or legal resident over age 18 may generally carry a handgun anywhere within his or her place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.

Can you carry a gun into a bar in Ohio? ›

Section 2923.121 | Possession of firearm in beer liquor permit premises - prohibition, exceptions. (A) No person shall possess a firearm in any room in which any person is consuming beer or intoxicating liquor in a premises for which a D permit has been issued under Chapter 4303.

Can you carry a gun while drinking in AZ? ›

In 2009, Arizona enacted a law allowing concealed weapons permit holders to carry handguns into the premises of a licensed bar or restaurant that serves alcohol unless the alcohol licensee has posted a sign that clearly prohibits the possession of weapons on the licensed premises.

Can I keep my gun in my car at work in Texas? ›

A Texas statute (Labor Code Section 52.061) allows CCL holders and those who legally possess firearms to have such firearms and ammunition inside their own locked vehicles parked on their employer's property, but that does not extend to vehicles parked somewhere else.

Can I conceal carry in Walmart in Texas? ›

Can I carry a concealed gun in Walmart in Texas? Texas became an open carry state in 2016, allowing people to openly carry firearms in public. Walmart operates 591 stores in Texas, the most of any state. Walmart also said it isn't changing its policy toward customers with permits for concealed carry of weapons.

Can I carry a gun in my car without a license in Texas? ›

The Texas Motorist Protection Act (HB 1815), effective as of September 1, 2007, permits any law-abiding Texas resident the legal right to carry a handgun inside their motor vehicle in Texas without a Handgun License to Carry or any other permit.

Can you walk around with a gun in USA? ›

Introduction. In the United States, it is legal to carry a concealed handgun in public in all 50 states. The majority of states require a person to have a permit to carry a loaded, concealed handgun in public.

What states can you carry a gun around? ›

The Constitutional Carry states are: Alaska (residents only), Arizona, Kansas, Maine, Mississippi, Missouri, New Hampshire, Vermont (does not issue permits), West Virginia (residents only), and Wyoming.

How many states are open carry? ›

Open Carrying of Handguns

Five states and the District of Columbia, generally prohibit people from openly carrying handguns in public places. More than 30 states allow the open carrying of a handgun without any license or permit, although in some cases the gun must be unloaded.

Can I open carry in my yard in Ohio? ›

Yes. Ohio remains an open-carry state, meaning that individuals who legally possess a firearm can openly carry in Ohio with or without a concealed handgun license. However, there are restrictions on transporting firearms without a concealed handgun license.

Can you open carry in Walmart in Ohio? ›

Kroger and Walmart Tuesday asked customers to stop openly carrying guns in stores, but both will still allow concealed permit holders to discretely bear their firearms in Ohio and other states that allow it.

Can you ride with a gun in Ohio? ›

Anyone can carry a loaded handgun in their vehicle and that loaded handgun can be stored anywhere in the vehicle. One major exception as outlined above, a “permitless carrier” of a firearm may NOT carry a handgun in their vehicle when they drive into a school safety zone.


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