Is it legal to be intoxicated while possessing a firearm? No.
"Under the influence" is the key.
18-12-106. Prohibited use of weapons.
(1) A person commits a class 2 misdemeanor if:
(d) The person has in his or her possession a firearm while the person is under the influence of intoxicating liquor or of a controlled substance, as defined in section 12-22-303 (7), C.R.S. Possession of a permit issued under section 18-12-105.1, as it existed prior to its repeal, or possession of a permit or a temporary emergency permit issued pursuant to part 2 of this article is no defense to a violation of this subsection (1).
Is is legal to drink alcohol (with or without a permit) while possessing a firearm? CONDITIONAL YES.
The law (above) states "under the influence", so as long as you are not under the influence. However, consult your attorney, as we've never seen this challenged. Below is the definition of intoxication.
18-1-804. Intoxication.
(4) "Intoxication", as used in this section means a disturbance of mental or physical capacities resulting from the introduction of any substance into the body.
If I have a permit to carry concealed, can I carry in a bar or restaurant that serves alcohol? YES, provided the private business owner does not ban.
Colorado is one of the few states that does not prohibit carry in bars and restaurants that serve alcohol. We've found that in every state where the NRA is the only or predominant influence on the formation of a concealed carry law, the state will ban.
The NRA tried numerous times in Colorado (where it took us 9 years to get a "Shall Issue" law) to ban in bars. But we beat them, and there is no such prohibition in state law.
Medical Marijuana & Firearms Prohibitions
Is it legal to have a medical marijuana prescription and purchase a firearm? No.
Look at the BATFE's 4473 form, called the Yellow Sheet, which you must fill out when purchasing a firearm through a dealer.
http://www.thundertek.net/documents/4473.pdf
Look at question 12 e. It asks a purchaser: “Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?”
Remember, this is a federal form, so it’s asking if the purchaser is a user to a (federally deemed) unlawful substance. Federal law still considers the use marijuana illegal. So, a legal Colorado user of marijuana could not answer 12 e. with a “No”. And if you answer “Yes”, you can’t buy a firearm from a dealer.
Also, the 1968 Gun Control Act says (TITLE 18 > PART I > CHAPTER 44 > § 922) click here for a link:
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
Can someone who has a medical marijuana prescription possess a firearm? No.
18 U.S.C. § 922 (g)(3) and 21 U.S.C. § 802 both prohibit anyone who is a user or is addicted to any controlled substance, including marijuana, from possessing, owning, purchasing, receiving, or having within his custody any firearms.
Can someone who has a medical marijuana prescription get a concealed handgun permit? No.
From Colorado Revised Statutes, 18-12-203Criteria for obtaining a permit
(f) Is not an unlawful user of or addicted to a controlled substance as defined in section 18-18-102 (5). Whether an applicant is an unlawful user of or addicted to a controlled substance shall be determined as provided in federal law and regulations.
So, on every CCW application, you'll see this question:
"Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance?"
So, unless federal law is changed, application for a permit could be denied by a sheriff, since federal law still considers the use of marijuana unlawful.
