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Legal drinking age hole?

moomoo40moo

Golden Member
According to this site there is absolutely no reason underage individuals cannot drink in a private residence as seen here:

"A Federal regulation that interprets the Act excludes from the definition of "public possession," possession "for an established religious purpose; when accompanied by a parent, spouse or legal guardian age 21 or older; for medical purposes when prescribed or administered by a licensed physician, pharmacist, dentist, nurse, hospital or medical institution; in private clubs or establishments; or to the sale, handling, transport, or service in dispensing of any alcoholic beverage pursuant to lawful employment of a person under the age of twenty-one years by a duly licensed manufacturer, wholesaler, or retailer of alcoholic beverages",


pri·vate (pri'vit) pronunciation
adj.

1. Secluded from the sight, presence, or intrusion of others: a private hideaway.
2. Designed or intended for one's exclusive use: a private room.
2.
1. Of or confined to the individual; personal: a private joke; private opinions.
2. Undertaken on an individual basis: private studies; private research.
3. Of, relating to, or receiving special hospital services and privileges: a private patient.
3. Not available for public use, control, or participation: a private club; a private party.
4.
1. Belonging to a particular person or persons, as opposed to the public or the government: private property.
2. Of, relating to, or derived from nongovernment sources: private funding.
3. Conducted and supported primarily by individuals or groups not affiliated with governmental agencies or corporations: a private college; a private sanatorium.
4. Enrolled in or attending a private school: a private student.
5. Not holding an official or public position: a private citizen.
6.
1. Not for public knowledge or disclosure; secret: private papers; a private communication.
2. Not appropriate for use or display in public; intimate: private behavior; a private tragedy.
3. Placing a high value on personal privacy: a private person.



es·tab·lish·ment (i-stab'lish-m?nt) pronunciation
n.

1.
1. The act of establishing.
2. The condition or fact of being established.
2. Something established, as:
1. An arranged order or system, especially a legal code.
2. A permanent civil, political, or military organization.
3. An established church.
4. A place of residence or business with its possessions and staff.
5. A public or private institution, such as a hospital or school.
3. often Establishment An established social order, as:
1. A group of people holding most of the power and influence in a government or society. Often used with the.
2. A controlling group in a given field of activity. Often used with the.




Thoughts? Am I missing something here?
 
It changes per state. That federal law is the minimum requirement that states have to meet. My state is more strict, and doesn't allow underaged drinking in privacy. Most states don't. I don't know of any that do.
 
There are ways that the gov could screw you over even if you present this info. Im no legal expert, but purchasing/use of alcohol underage is screw you over. Im sure people have tried using loopholes before never work. Also, all the gov just has to do is use one of the other definitions you provided, and your done.
 
Originally posted by: Eeezee
It changes per state. That federal law is the minimum requirement that states have to meet. My state is more strict, and doesn't allow underaged drinking in privacy. Most states don't. I don't know of any that do.

I know in Wisc you can drink alcohol if your 18 and with parent/guardian. Buying I doubt, but I know you can drink legally with a parent..
 
Yes, the OP is missing something.

You're looking at the federal language. It is intended to be broad. Your state law is probably much more precice in its wording and more strict in application.

Alaska
AS 04.16.050. Possession, Control, or Consumption By Persons Under the Age of 21.

(a) A person under the age of 21 years may not knowingly consume, possess, or control alcoholic beverages except those furnished persons under AS 04.16.051 (b).

----------------------------------------------------------------------------------------------

AS 04.16.051. Furnishing or Delivery of Alcoholic Beverages to Persons Under the Age of 21.

(a) A person may not furnish or deliver an alcoholic beverage to a person under the age of 21 years.

(b) This section does not prohibit the furnishing or delivery of an alcoholic beverage

(1) by a parent to the parent's child, by a guardian to the guardian's ward, or by a person to the legal spouse of that person if the furnishing or delivery occurs off licensed premises; or

(2) by a licensed physician or nurse to a patient in the course of administering medical treatment.

It may be different in your state. Your sate law might not provide any exception to a minor posessing/consuming alcohol.
 
Originally posted by: Soccerman06
Originally posted by: Eeezee
It changes per state. That federal law is the minimum requirement that states have to meet. My state is more strict, and doesn't allow underaged drinking in privacy. Most states don't. I don't know of any that do.

I know in Wisc you can drink alcohol if your 18 and with parent/guardian. Buying I doubt, but I know you can drink legally with a parent..

honestly, I'd love to see that statute
 
Originally posted by: Soccerman06
Originally posted by: Eeezee
It changes per state. That federal law is the minimum requirement that states have to meet. My state is more strict, and doesn't allow underaged drinking in privacy. Most states don't. I don't know of any that do.

I know in Wisc you can drink alcohol if your 18 and with parent/guardian. Buying I doubt, but I know you can drink legally with a parent..

Yeah, I live here in Wisc, and I know that is true, but they are still pretty strict on that, cuz my buddy who is 18 was denied alcohol at a restaraunt with his mom right there beside him...

Here is a breakdown of the united states in terms of underage consumption.... I was not aware of all the states where consumption is not prohibited... Does anyone from these states care to give some feedback on real world experience....
 
Originally posted by: moomoo40moo
Originally posted by: Soccerman06
Originally posted by: Eeezee
It changes per state. That federal law is the minimum requirement that states have to meet. My state is more strict, and doesn't allow underaged drinking in privacy. Most states don't. I don't know of any that do.

I know in Wisc you can drink alcohol if your 18 and with parent/guardian. Buying I doubt, but I know you can drink legally with a parent..

Yeah, I live here in Wisc, and I know that is true, but they are still pretty strict on that, cuz my buddy who is 18 was denied alcohol at a restaraunt with his mom right there beside him...

Here is a breakdown of the united states in terms of underage consumption.... I was not aware of all the states where consumption is not prohibited... Does anyone from these states care to give some feedback on real world experience....
I looked up Hawaii for grins. They are in the process of closing the loophole.
Link
There are two bills related to the prevention of underage drinking before the current legislative session.

» Senate Bill 706 SD2, HD1 calls for a minor using alcohol to have their driver's license suspended. If they do not yet have a driver's license, the waiting period to get one is increased. Research shows that the loss of driving privileges is considered an extremely serious penalty by a young person.

» House Bill 3242 makes the consumption of alcohol by a minor unlawful. It closes a loophole in the current law, which up until now has covered possession and/or purchase of alcohol, but not its actual consumption.

I would imagine that the MADD people are on a mission in the other states to close this loophole where it exists.



 
In most cases, you don't have to worry about consuming alcohol in your home if furnished by a parent. This does not mean parties where someone's parent buys the booze, but in most cases you can't get in trouble for say having a glass of wine at Thanksgiving. Your parents could be brought up on furnishing charges if a policeman was a real dick, but chances of that happening are slim to none. In any case, PM Bradruth (I think that's his name?), the resident AT cop.
 
I just think its stupid that you can join the military before your legally able to drink alcohol. Where is the sense in being able to go fight and die for your country and not being able to drink, and yes I already know about the military rule and alcohol, my point still remains valid. 😕
 
Well, 21 legal drinking age is just a sick concept in itself [/thread from a european perspective] 😉
Man...drive a machine which can kill people with 16, buy guns with 18, vote your political representatives with 18...but can't assume responsibility for own drinking behaviour before 21...umm, yeah, whatever... :roll:
Go use the loopholes 😀
 
Originally posted by: Doctorweir
Well, 21 legal drinking age is just a sick concept in itself [/thread from a european perspective] 😉
Man...drive a machine which can kill people with 16, buy guns with 18, vote your political representatives with 18...but can't assume possibility for own drinking behaviour before 21...umm, yeah, whatever... :roll:
Go use the loopholes 😀

exactly, thats why the national drinking age should be 18, not 21.

Edit..

Yah I was in Europe just before 9/11 and I think that 16 is an appropriate age.
 
Originally posted by: LcarsSystem
exactly, thats why the national drinking age should be 18, not 21.

Edit..

Yah I was in Europe just before 9/11 and I think that 16 is an appropriate age.

Just the better concept. Learn your limit early with 16 on low degree stuff (wine/beer) and get access to hard stuff with 18. And then (also with 18) when you get your driving license, you already know what alcohol can do to you and your capability to react, etc.
The other way round is dangerous IMHO...and who waits until 21 with his/her first beer in the US anyway... 😉
 
Originally posted by: LcarsSystem
I just think its stupid that you can join the military before your legally able to drink alcohol. Where is the sense in being able to go fight and die for your country and not being able to drink, and yes I already know about the military rule and alcohol, my point still remains valid. 😕

If you're not in the military, you do not deserve to use this comment like a leech.

In other words, if you are not going to put your balls on the line and join the military, then there is no reason for you to compare the drinking age to the age at which you can join the military because it's really a poor argument from people who just want to legally be able to get trashed.

If you want to enlist, then come back here and ask why you can't drink, then I'll consider it a valid argument, but will still ask you to go to any bar near the base, flash your military ID and see if you are refused a drink.

If you know enough about the drinking age, you'll know it used to be 18. One of the big problems this presented is that high school kids were frequenting parties and their 18 year old friends were buying. How can a country that is trying to reform the education system and encourage high school graduation in all youth willingly allow this to happen?

 
[/quote]

exactly, thats why the national drinking age should be 18, not 21.

Edit..

Yah I was in Europe just before 9/11 and I think that 16 is an appropriate age.[/quote]

You'll still have no problem getting alcohol when 14-15, only the strong stuff is checked a bit more. (at least where I come from)
 
There should be no drinking age. I do not care about ANY of the statistics as an argument to justify curtailing individual rights. Let parents teach their kids the right and wrong ways of drinking.
 
I thought everyone knew that. Even my high school history teachers kept telling us that it is legal to drink at any age (a) for religious, educational, or medical purposes or (b) at home. Of course those exceptions are valid for my state, and your state may vary. But it still isn't a federal crime.
 
Originally posted by: Injury
Originally posted by: LcarsSystem
I just think its stupid that you can join the military before your legally able to drink alcohol. Where is the sense in being able to go fight and die for your country and not being able to drink, and yes I already know about the military rule and alcohol, my point still remains valid. 😕

If you're not in the military, you do not deserve to use this comment like a leech.

In other words, if you are not going to put your balls on the line and join the military, then there is no reason for you to compare the drinking age to the age at which you can join the military because it's really a poor argument from people who just want to legally be able to get trashed.

If you want to enlist, then come back here and ask why you can't drink, then I'll consider it a valid argument, but will still ask you to go to any bar near the base, flash your military ID and see if you are refused a drink.

If you know enough about the drinking age, you'll know it used to be 18. One of the big problems this presented is that high school kids were frequenting parties and their 18 year old friends were buying. How can a country that is trying to reform the education system and encourage high school graduation in all youth willingly allow this to happen?

Possibly the most inane argument ever brought forth good job. I would have joined the military if not for my medical condition you ass, since I come from a long line of military men. However you still did not address my main point, in which why should you be able to go off and die in a war, before you are able to purchase or drink alcohol? And where the hell am I leeching? Simply because your logic is that being able to drink or purchase alcohol at a younger age is more detrimental to ones health than being able to go fight in a war? But then you just wanted to flame me for no reason, and to the problem with the children, that is a parenting issue, end of story.:disgust:
 
Originally posted by: TitanDiddly
MIP

No I don't engage in underage drinking, although I don't think it would hurt, there are a lot of stupid laws that exist but I am not going to break them. I can voice my disaproval without breaking such a law, besides I only have 1 more year to go, but I also wonder the wisdom of such a law.
 
Originally posted by: LcarsSystem
Originally posted by: Injury
Originally posted by: LcarsSystem
I just think its stupid that you can join the military before your legally able to drink alcohol. Where is the sense in being able to go fight and die for your country and not being able to drink, and yes I already know about the military rule and alcohol, my point still remains valid. 😕

If you're not in the military, you do not deserve to use this comment like a leech.

In other words, if you are not going to put your balls on the line and join the military, then there is no reason for you to compare the drinking age to the age at which you can join the military because it's really a poor argument from people who just want to legally be able to get trashed.

If you want to enlist, then come back here and ask why you can't drink, then I'll consider it a valid argument, but will still ask you to go to any bar near the base, flash your military ID and see if you are refused a drink.

If you know enough about the drinking age, you'll know it used to be 18. One of the big problems this presented is that high school kids were frequenting parties and their 18 year old friends were buying. How can a country that is trying to reform the education system and encourage high school graduation in all youth willingly allow this to happen?

Possibly the most inane argument ever brought forth good job. I would have joined the military if not for my medical condition you ass, since I come from a long line of military men. However you still did not address my main point, in which why should you be able to go off and die in a war, before you are able to purchase or drink alcohol? And where the hell am I leeching? Simply because your logic is that being able to drink or purchase alcohol at a younger age is more detrimental to ones health than being able to go fight in a war? But then you just wanted to flame me for no reason, and to the problem with the children, that is a parenting issue, end of story.:disgust:

So if you have a medical condition, I guess you CAN'T go die in war. Guess the argument is still out of the question, huh? Or maybe you're just making crap up because I'm dead right.

You're leeching because you pull that classic BS argument and you're citing other's choice to join the military as a reason you should be able to drink. That's ridiculous.

As far as addressing your point... yeah, I'm pretty sure I did that in the last paragraph. Learn to read.
Flaming? Nope, didn't do any of that. Maybe you shouldn't play that card unless you know what it means. (For the record, it means a personal attack or insult.)

A parenting issue? HELLO, THEY ARE 18, THEY ARE LEGAL ADULTS. Not to mention that sometimes a parent can't control every aspect of a child's life, especially during teenage years.

Stop crying because you can't drink.

Really I just love seeing underage people whine about not being able to get into bars. I love that you're more likely to find a mature crowd in a bar, too. I'm glad you whiners can't get in.
 
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