bender73
NES Member
Ok, i just thought of this while reading through another thread. Many Americans get home from a long day and like to kick back and have a beer or 2. Or, maybe a couple of glasses of wine instead.
What if someone has a couple of relaxing beverages at like 9pm and suddenly they need to wake for their pistol to defend themselves at like 1-2am. He/She may be 100% justified, but we all know this is MA. I would have to wonder if the NON-DEFINED level of "under the influence" is just more Lawyer food for the State of MA. Obviously, this case puts a person at home and with a BAC like .001% (close to a good rinsing of Listerene), clearly not what reasonalbe people (including Police) would likely consider under the influence and also at a legal level to drive if he/she had to.
So, this hypothetical situation puts a person in a situation of being "under the influence," but safe and legal to drive. However, are they "Legal" to handle a firearm? Would they face criminal charges after defending themselves in a justified manner? I wonder. Thoughts? Am I missing something in the laws? I have not seen this discussed so I apologize if this has been talked about before. I thought it was a good case for open discussion.
What if someone has a couple of relaxing beverages at like 9pm and suddenly they need to wake for their pistol to defend themselves at like 1-2am. He/She may be 100% justified, but we all know this is MA. I would have to wonder if the NON-DEFINED level of "under the influence" is just more Lawyer food for the State of MA. Obviously, this case puts a person at home and with a BAC like .001% (close to a good rinsing of Listerene), clearly not what reasonalbe people (including Police) would likely consider under the influence and also at a legal level to drive if he/she had to.
So, this hypothetical situation puts a person in a situation of being "under the influence," but safe and legal to drive. However, are they "Legal" to handle a firearm? Would they face criminal charges after defending themselves in a justified manner? I wonder. Thoughts? Am I missing something in the laws? I have not seen this discussed so I apologize if this has been talked about before. I thought it was a good case for open discussion.