Posted: 11/20/2009 1:28:07 PM EDT
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Something to think about:
Firearms possesion while intoxicated Not that I'm in any way condoning getting blitzed and popping off a few rounds at the neighbor's Tiki Torches, but this new law seems a bit too open-ended for comfort. So I have an Independence Day party at my house next July 4th, and maybe have a beer or two more than I should. I've got guns in the house and in the cars. I'm now a criminal? |
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Quoted:
Don't invite the law to your party, don't make the neighbors invite the law to your party. The part in red is always good advice. I'm not 100% on board with the part in blue since I enjoy a good party when off duty. Regardless, I agree that "possession" in this case will most likely require physical control of the firearm, unlike possession of contraband like drugs. Drugs are illegal to own all the time, while barring someone in an intoxicated state from possessing a gun inherently has to refer to physical control. Otherwise, you couldn't be drunk in your own home and I don't see any court upholding that ruling. Another point is to consider is what is meant by "intoxicated." The definition will vary somewhat based on state law but intoxicated doesn't usually mean a couple drinks, it means impaired. If you are impaired with alcohol (or anything else) you have no business being in physical control of a firearm, or a car, or anything that reckless handling can cause harm to those around you. |
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Quoted:
Quoted:
Don't invite the law to your party, don't make the neighbors invite the law to your party. The part in red is always good advice. I'm not 100% on board with the part in blue since I enjoy a good party when off duty. Regardless, I agree that "possession" in this case will most likely require physical control of the firearm, unlike possession of contraband like drugs. Drugs are illegal to own all the time, while barring someone in an intoxicated state from possessing a gun inherently has to refer to physical control. Otherwise, you couldn't be drunk in your own home and I don't see any court upholding that ruling. Another point is to consider is what is meant by "intoxicated." The definition will vary somewhat based on state law but intoxicated doesn't usually mean a couple drinks, it means impaired. If you are impaired with alcohol (or anything else) you have no business being in physical control of a firearm, or a car, or anything that reckless handling can cause harm to those around you. Good discussion so far... I like how this board comes back with thoughtful responses quicker than knee-jerk reactions (I'm a newbie). The definition of "possession" is what bothered me about the article in the first place, and it's good to hear how others interpret it. For the record, I agree about any kind of impairment with any weapon of any kind - way bad mojo. But grown-ups know where the line is, and giving local law enforcement the opportunity to decide that for us goes against the grain a bit. |
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Although I'm guessing , I agree with the above posters that it probably means on your person or immediately available/accessable. Using your firearm while intoxicated according to the state's definition of intoxicated , would certainly cause issues in civil court , and criminal court. It would also create an opportunity to "stack charges" on an offender in a DUI case or domestic , etc.
-JC |
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The term "possession" can be interpreted various ways.
That is the problem with this law. If you get busted for drugs in your house, and there are firearms in the house, you don't have to be holding one to get an extra charge tacked on. I am in possession of any firearms in the trunk of my car. You can say "common sense will prevail", but judges and prosecuting attorneys do not always use common sense. Another thought; what if you have had two or three beers and then you find yourself needing to defend yourself from a home invasion scenario? How is that going to work out? |
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Don't invite the law to your party LIFE.
This is good advice ALL the time. For example: if you are weaving down the road, that is PC (probable cause, not political correctness) to pull you over and POSSIBLY to search your car as well. If the police are feeling unfriendly to you, possession in that case could possibly be problematical. NEVER give the police PC. That is why I try to be a "Model Citizen:" signal turns, complete stops, right lane when being passed, etc. etc. If this kind of behavior makes you feel like a pussy, just imagine what a pussy you'll feel like when Greybar Bubba starts giving you those lovin' looks. |
| Florida took care of this years ago. Now you can posses a gun while as shit hammered as you want to be, however discharging under the influence is a whole different story (unless for lawful self defense). This makes it a much more bright line rule, I can still carry while out to dinner with my wife and have a couple of beers without fear of prosecution. |
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Quoted:
Florida took care of this years ago. Now you can posses a gun while as shit hammered as you want to be, however discharging under the influence is a whole different story (unless for lawful self defense). This makes it a much more bright line rule, I can still carry while out to dinner with my wife and have a couple of beers without fear of prosecution. A reasonable solution, seems to me. |
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Quoted:
So if a homeowner is intoxicated in his house and someone breaks into his house... Can the homeowner shoot the intruder without breaking the law? Read this thread and see what you think. http://www.ar15.com/forums/topic.html?b=1&f=5&t=957401 |
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I myself have taken away guns away from friends who were showing the of to other friends (uloaded) while they were drinking hevely at a party, I would not want a law on it though just personal responsibilty.
No sliding slope here in the Netherlands, where you would loose your your gun licence should you get fined for say driving over the limit (resulting in a fine) with your guns safley locked and and unusable at home 
While I consider drunk driving irresponsible I do not see it as a reason to take away somebodys guns with were stored safly at home at the time. |
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Quoted:
I myself have taken away guns away from friends who were showing the of to other friends (uloaded) while they were drinking hevely at a party, I would not want a law on it though just personal responsibilty. No sliding slope here in the Netherlands, where you would loose your your gun licence should you get fined for say driving over the limit (resulting in a fine) with your guns safley locked and and unusable at home
While I consider drunk driving irresponsible I do not see it as a reason to take away somebodys guns with were stored safly at home at the time. The gov and others who like gov control like the A-10 man don't believe citizenry should have self responsibility. Not realistically.. |
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Quoted:
Quoted:
Florida took care of this years ago. Now you can posses a gun while as shit hammered as you want to be, however discharging under the influence is a whole different story (unless for lawful self defense). This makes it a much more bright line rule, I can still carry while out to dinner with my wife and have a couple of beers without fear of prosecution. A reasonable solution, seems to me. Which makes it amazing that it actually passed. 
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Everybody possesses drugs in their home and they usually aren't illegal. Only controlled substances without authority to own are illegal to possess.
It all comes down to definitions which is (1) the premise of the OP, and (2) illustrated in my post about what others have posted. Not a knock on anyone. Just an example of how I agree with the OP in that people have different mindsets and we have to clearly define these laws. This one is obviously weak. |
