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alcohol and firearms laws?

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robfreitas

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I carry ever day and i know that alcohol and guns dont mix and i would never go out "drinking" with a gun even when im home if i have more them 2 beers all guns go in the safe but i was wondering if i go out to dinner and have a beer or 2 with dinner and i am under .08 is it legal for me to have a gun on me?
 
When I carry, I don't drink anything.

When I'm home, everything is locked up before I crack open that first beer. I won't touch a firearm when drinking, period, unless I need it to defend myself.

Just my $0.02
 
No mention of a BAC level:


Section 10H. Whoever, having in effect a license to carry firearms issued under section 131 or 131F of chapter 140, carries on his person, or has under his control in a vehicle, a loaded firearm, as defined in section 121 of said chapter 140, while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or the vapors of glue shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.
 
Do you tend to be a retarded ******* who shoots randomly into crowds of babies when you drink? If yes, leave your gun at home. If no, carry it because criminals don't give a shit if you've been drinking. In fact, they might actually view you as an easier target.

Or let the government dictate when you are and are not allowed to defend yourself.
 
Yeah i couldnt really find any thing much on it, i dont know if that means legally intoxicated .08 or any thing at all..im just trying to figure out if its legal or not as long at im under .08...every were i can legally carry i do, i rather have it and not need it then need it and not have it
 
xtry51 said:
Do you tend to be a retarded ******* who shoots randomly into crowds of babies when you drink? If yes, leave your gun at home. If no, carry it because criminals don't give a shit if you've been drinking. In fact, they might actually view you as an easier target.

Or let the government dictate when you are and are not allowed to defend yourself.
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/thread
 
JGreen said:
No mention of a BAC level:


Section 10H. Whoever, having in effect a license to carry firearms issued under section 131 or 131F of chapter 140, carries on his person, or has under his control in a vehicle, a loaded firearm, as defined in section 121 of said chapter 140, while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or the vapors of glue shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.
Click to expand...

This is the fact. There is also very little case law on the subject. Maybe because we MA LTC holders are such responsible people?
 
There is no definition of what constitutes "under the influence" wrt ccw'g and alcohol (0.08% ONLY applies to MV law in C. 90 S. 1), so it is up to your attorney to convince a judge/jury. Good luck with that.

The only advice I give people when I teach MA gun law is act like a responsible adult, understand the risks and make a decision that you feel comfortable with, because it is open to interpretation and matters not if you are home having dinner and beer or out at a bar having wings and beer.
 
robfreitas said:
Yeah that is my thing, i dont want to test it unless i know im am 100% legal because ma is not a very gun friendly state
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Well that is never going to happen in MA. You will never get clarity on MA gun laws because neither those that wrote them or the judicial system want such clarity . . . it allows them to prosecute (and get plea bargains) out of people they don't like.

If you use mouthwash or take Robitussin for a cough, both contain alcohol and legally you could be charged. Due to activist MA judges, I wouldn't take bets on beating such a bogus charge either. So if you want "100% certainty" you would leave the gun home ALL the time!
 
LenS said:
There is no definition of what constitutes "under the influence" wrt ccw'g and alcohol (0.08% ONLY applies to MV law in C. 90 S. 1), so it is up to your attorney to convince a judge/jury. Good luck with that.

The only advice I give people when I teach MA gun law is act like a responsible adult, understand the risks and make a decision that you feel comfortable with, because it is open to interpretation and matters not if you are home having dinner and beer or out at a bar having wings and beer.
Click to expand...

This X2! A good lawyer can convince the Judge/Jury that reasonable amounts of alcohol does not constitute being "under the influence".

I would exercise prudence and use the 0.08 BAC level as a reasonable limit. After all the the motor vehicle laws are the only widely recognized definition of being "under the influence" that most people recognize (I'm sure someone will point us to another because I said this).
 
Keep in mind that even if you are charged and acquitted, your permit is likely going to be revoked. In MA even if you aren't charged, but stopped and questioned, there is a good chance you will be deemed unsuitable.
 
turbo89 said:
This X2! A good lawyer can convince the Judge/Jury that reasonable amounts of alcohol does not constitute being "under the influence".

I would exercise prudence and use the 0.08 BAC level as a reasonable limit. After all the the motor vehicle laws are the only widely recognized definition of being "under the influence" that most people recognize (I'm sure someone will point us to another because I said this).
Click to expand...
Thats all fine and well. But if it came to light that you were carrying while under the influence ie the law got involved somehow, no matter what your BAC was, rest assured your LTC is gonna get suspended, wheter you were 100% in the right or not. Then, its going to get revoked under the unsuitability clause. The it will be up to you to fight it. Thats the reality here in MA. Have I carried while in a bar (not in the dining area) and consumed adult beverages? Of course. But big boy rules apply. Theres no reason anyone should know youre carrying. If it got to the point where the law is involved, in my opinion, you screwed up
 
No doubt there would be repercussions if caught... but if you haven't been found guilty of a crime, you should be able to get your LTC back.

To you're point: Concealed means Concealed!
 
Absolutely agree you SHOULD be able to. But, this being MA, youre gonna have to jump through expensive hoops to get the oppurtunity to do so, and then still most likely be found unsuitable. Its friggin ridiculous.
 
My OPINION about it is: What if you had to use it, and you only had one beer? I think the prosecution could easily make an argument that ANY alcohol consumed can impair judgement, and that otherwise, you may not have used your firearm. Some people are just two-beer-queers. lol

- - - Updated - - -

Side question though, as I haven't been able to find an answer. I know some states say you can't even be in a bar or bar area in a restaurant while in possession of a firearm. What's the case in MA? Can I be in the presence of alcohol so long as I don't consume it?
 
Long before the stupid gun laws were taking effect it was not uncommon to get totally $hitfaced with a gun in the kitchen cabinet or have one in the nightstand next to your bed.

If you are asking if it is OK to carry into a bar and pound down a doz beers then I leave it up to you.
Some people turn into Aholes by adding alcohol, for others it is purely natural. I'd like to think I fall into the later category. [smile]
 
turbo89 said:
No doubt there would be repercussions if caught... but if you haven't been found guilty of a crime, you should be able to get your LTC back.
Click to expand...

I wish that was true but it just isn't in MA! It would be a rare judge that would overrule a chief on suitability denial/revocation. And I say that with full knowledge that plenty of LEOs and judges drink, some even while armed. When I worked for the PD, there were a few officers who were known within the department to be alcoholics! They will cover each other but come down with the hammer of Thor on commoners doing the same thing!

During my LE career there were two incidents that I witnessed that stood out like sore thumbs! One officer came into the bar in full uniform (unknown if he was still on the clock or not, my bet is that he was still on shift) and was drinking beer (no food, strictly drinking) . . . it was at a fraternal org hall (I remember location, just don't recall affiliation) where an election night victory party was held for a state rep. NOBODY said a word to him or about it ever. Second incident was at a policeman's ball where I was talking with our chief (no longer the current chief, this was ~1991) and a detective in the entryway of this country club. The chief left with a 1/2 full highball glass in hand and drove home in his unmarked cruiser (which had been parked all night in the fire lane)!!
 
montemuscle1970 said:
My OPINION about it is: What if you had to use it, and you only had one beer? I think the prosecution could easily make an argument that ANY alcohol consumed can impair judgment, and that otherwise, you may not have used your firearm. Some people are just two-beer-queers. lol

- - - Updated - - -

Side question though, as I haven't been able to find an answer. I know some states say you can't even be in a bar or bar area in a restaurant while in possession of a firearm. What's the case in MA? Can I be in the presence of alcohol so long as I don't consume it?
Click to expand...

I agree even if it was a home invasion and you unlocked it from a safe, but had had a beer an hour before with dinner, I am CERTAIN that an ADA would try to make an issue of it!

No law wrt any banned places (other than schools) in MGL. So walking thru a bar or sitting at a bar and not imbibing is 100% legal. However, there are searchable posts here where chiefs issuing LTCs have told applicants that if they are ever seen in a bar (and possess a firearm) that he'll revoke their LTC (even if they drink nothing)! That is what "suitability" in MGL gets you.
 

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