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Alcohol consumption on private property

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s8200

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We all know it's illegal to carry in public, what about at someone's house, apt, etc.?
 
I think you should leave starting threads to the pros.

That way the first page can be all cat threads and rep whoring threads.
 
You guys, he obviously is looking for a serious answer.
Yes, it is possible to lift your house off the ground with a bunch of helium balloons just like the movie...
Wait, what was the question?
 
The MA state supreme court doesn't recognize the 21st amendment or most of them anyway. So no, liquor is still illegal in Massachusetts. [popcorn]
 
It is not illegal to consume alcohol while in possession of a firearm when duly licensed. It is illegal to have a firearm on your person while under the influence. No definition as to what constitutes "under the influence" like other states.

See Chapter 269, § 10H
 
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.
 
Then combine 10H with the storage statute (131L), and you'll find that if the gun is not locked up, it needs to be under your control. So it should be ok to sit next to your gun (so you are "sufficiently nearby to prevent immediately its unauthorized use" [Paterson v. Comm.]), get drunk, and then sit there awake until you're sober again.

But can you move the gun at all while drunk—say, to lock it up before you go to bed? Or does that constitute carrying?
The court said in Paterson that "'carrying' requires nontemporary physical possession together with movement." And "[c]arrying a firearm" occurs when one "...knowingly has more than momentary possession of a working firearm and moves it from one place to another." [Comm. v. Seay] And "temporary possession … during the game [of Russian roulette] is not a carrying of a firearm on the person" [Atencio v. Comm.], so maybe you could pick up the gun and put it in the safe if you can do so without getting up? Or maybe not, as people have been indicted for carrying even though only stationary possession was shown. [Ballou v. Comm.]

My head is spinning, and I'm not even drunk.
 
s8200 said:
We all know it's illegal to carry in public, what about at someone's house, apt, etc.?
Click to expand...

You need to be more specific. Are you saying you know it is illegal to be intoxicated while in public and carrying a fire arm and want to know if you can be intoxicated on private property and carry a fire arm?
 
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