M1911
Moderator
No.
For simplicity, just read the parts of MGL Chapter 269 Section 10H that I have put in bold:
You can be drunk as a skunk at home provided your guns are properly stored.
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Carrying a firearm under the influence of alcohol in MA
- Thread starter CCW
- Start date
No.
For simplicity, just read the parts of MGL Chapter 269 Section 10H that I have put in bold:
You can be drunk as a skunk at home provided your guns are properly stored.
Reading that it appears you can carry an unloaded firearm with the magazine removed? ...say in your pocket?
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.
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.
M1911
Moderator
IANAL, but I believe that would be legal. I also suspect that if a police officer encountered you in that situation that you would still be arrested. You might not be charged, but it would still ruin your entire day.
I'm curious of your opinions on locking your firearm in your trunk while drinking.
They don't mention transport. It's in your possession, just not directly. Not on your person.
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They don't mention transport. It's in your possession, just not directly. Not on your person.
Sent from my SCH-I545 using Tapatalk 2
George D
NES Member
There was a local guy who had a few on New Year's Eve, had his wife drive him home. (she was sober).
Got stopped for speeding, cop asked if there were any guns in the car, and the guy told him about the handgun locked in the trunk.
Even though his wife was sober, she had no LTC. He was arrested for being in possession of a firearm while intoxicated.
Do you know what happened if/when the case went to trial? The MGL cited above seems pretty clear about *loaded*
You don't mention what time you drank your last beer and that would certainly have an impact on both BAC and the smell of alcohol which most cops are pretty good at picking up.
And I agree that some NES moments are fun to watch, like newbies that want to know if cops can give them a sobriety test because they are have been drinking and carrying a firearm.
I personally am of the opinion that alcohol and firearms do not not mix, but that is my opinion and I do not think the .gov should get involved and that you should be able to have a beer or 5, as long as you are responsible. That having been said I think that there is a big difference between hanging around the house having a couple of beers with your gun on your hip and being in a car a 2:00 am. You said you drove by three cops on your way home. Everybody knows that the only people on the road at 2:00 am are the ones just leaving the bar.
That is a pretty big risk to take, but you are an adult and certainly capable of making up your own mind. But it begs the question to which I know your answer. Were you buzzed? I know you will say "No" so I have to ask, then why bother?
Please try again next week and don't be a wussy. Have 6 beers.![[laugh]](/xen/styles/default/xenforo/smilies.vb/012.gif "Laugh [laugh]")
Newbies? How do you define "newby"? Would that be someone with 35 years of firearms experience who's a certified instructor and has worked with thousands of students over many years or is that someone who doesn't have enough of those really cool green blocks next to their name? This thread just keeps reminding me of why this forum is so fun to watch.
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