CT Law Update - BAC to .08 when carrying

MAJoe

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Can't find the actual law/penalties, but appears the BAC for anyone carrying a loaded firearm or hunting will now be .08, the same as driving. Previously it was .10.

The other bill signed into law Wednesday is largely an attempt to limit accidents while hunting.The law aligns blood-alcohol content, or BAC, levels with similar driving and boating laws by mandating a person can be found in violation of carrying a firearm while intoxicated if their BAC is higher than 0.08 rather than the previous level of 0.1.
“If you are too drunk to drive, then you are too drunk to carry a firearm — there should be no question about that,” Malloy said.
The law also sets a lower legal BAC for anyone under the age of 21 to 0.02, which coincides with the state’s laws regarding driving under the influence for those ages.
While the language of the law largely focuses on hunting, it also applies to anyone carrying a firearm. Those who violate the law are subject to prison terms, fines, and indefinite suspension of their hunting license.
Malloy’s signature, however, increases the legal limit from 0.07 to 0.08 for those previously convicted of hunting under the influence.


http://www.journalinquirer.com/poli...cle_9faa5dc8-2e56-11e6-90b6-c3d705c2a5b2.html
 
Serious question, do people think hunting is like golf? Grab a six pack and hit the tree stand?
 
Carrying a firearm while under the influence is a B Misdemeanor. Hunting while under the influence is an A Misdemeanor.

A class B misdemeanor is punishable by up to 6 months imprisonment and/or a fine of up to $1000. Probation (or conditional discharge) may be imposed for up to 1 year.

A class A misdemeanor is punishable by up to 1 year imprisonment and/or a fine of up to $2000. Probation (or conditional discharge) may be imposed for up to 2 years.


[On a case by case basis, the courts can impose a probationary period of as long as 3 years for an A Misdemeanor and 2 years on a B Misdemeanor]

Conviction also results in hunting license suspension. In addition to whatever period of suspension is imposed, there is also a mandatory retraining requirement in order to regain a hunting license when suspension results from certain offenses (I believe this one among them).

Being charged with carrying a loaded firearm while under the influence is commonly a basis used for revocation of a pistol permit based on suitability. If you have the opportunity to watch BFPE hearings (visit CT-N), you will see how seriously the Board treats alcohol related issues particularly when there is a firearm involved, when considering an appellants request to have his/her permit reinstated. [Don't read that to suggest that they treat any issue lightly]

In addition to legal penalties there are also really bad collateral consequences associated with any criminal justice involvement. (Imagine trying to explain that when looking for a job or housing...)
 
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Carrying a firearm while under the influence is a B Misdemeanor. Hunting while under the influence is an A Misdemeanor.
...
Being charged with carrying a loaded firearm while under the influence is commonly a basis used for revocation of a pistol permit based on suitability. ...

Is all carrying under the influence criminalized, or only carrying a loaded weapon?
Is all hunting under the influence criminalized, or only hunting with a loaded weapon?

ETA: Because for some (some) folks who carry for self-defense, clearing their piece before getting tipsy might be a happy medium between risking getting charged with carrying under the influence, and not carrying at all.
 
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One of the elements of 53-206d(a) [carrying a firearm while under the influence or intoxicated] is that the firearm is loaded and operable.

Hunting while under the influence is regulated by 53-206d(b). That does not appear to be specific with respect to whether or not the firearm would need to be loaded. It appears to be written much more broadly, perhaps to because of different hunting implements and situations that can be involved.

No person shall engage in hunting while under the influence of intoxicating liquor or any drug, or both, or while impaired by the consumption of intoxicating liquor. A person shall be deemed under the influence when at the time of the alleged offense the person...(Describes intoxication criterion)



In CGS 26-1 (the definitions section applicable to C. 490, Fisheries and Game), hunting is defined as
(12) “Hunting” means pursuing, shooting, killing and capturing any bird, quadruped or reptile and attempting to pursue, shoot, kill and capture any bird, quadruped or reptile, whether such act results in taking or not, including any act of assistance to any other person in taking or attempting to take any such animal.
(I don't know whether or not that definition would have any applicability to 53-206(d), or not.)
 
One of the elements of 53-206d(a) [carrying a firearm while under the influence or intoxicated] is that the firearm is loaded and operable.

Thanks for the elaboration.


Hunting while under the influence is regulated by 53-206d(b). That does not appear to be specific with respect to whether or not the firearm would need to be loaded. It appears to be written much more broadly, perhaps to because of different hunting implements and situations that can be involved.
...
In CGS 26-1 (the definitions section applicable to C. 490, Fisheries and Game), hunting is defined as

(12) “Hunting” means pursuing, shooting, killing and capturing any bird, quadruped or reptile and attempting to pursue, shoot, kill and capture any bird, quadruped or reptile, whether such act results in taking or not, including any act of assistance to any other person in taking or attempting to take any such animal.

Interesting.

If it said that "`Hunting' means pursuing, shooting, killing or capturing any bird/quadruped/reptile", then one would be in trouble if one did any one of those four things while drunk.

By writing "and", all four elements must be present to qualify as "hunting".

For instance, when you're sitting in a blind or tree stand, you're not "pursuing" game animals.

And if you're afield loaded (and loaded), but testify that haven't seen a single critter all day, then maybe you haven't even attempted to shoot something.

The legislators may have stepped on their crank with that one.

The first judge to hear the case might not care, but an appeal's court could order the lower court to interpret the stupid law stupidly.


(And then there's the crime of "assisting hunting, while drunk". If a landowner is drunk on their porch when they give someone permission to hunt on the property, does that mean that they have committed an act of assistance to another person in attempting to take game?

Or if a governor had a three martini lunch before signing the state budget, including the fish and game department's licensing funding for the year, did he commit an act of assistance for someone to hunt?

And do people merely assisting in the taking of game need a "hunting license" because even a spouse dropping hubby off at the trailhead before driving to the mall means they are "hunting"?

I'm sure a court could make up some nonsense to broom an unwanted case based on stupid side-effects. But they'd have to put on their nonsense-writing hat to do it. Hopefully they can borrow the legislature's hat, although if this law is any indication, the solons must wear it often).


(I don't know whether or not that definition [of "hunting"/AHM] would have any applicability to 53-206(d), or not.)

I'd expect it to count unless there is a definition in the law books closer to 53-206(d).
 
The older law that the limit only applied if the firearm was
1) loaded
2) carried on your person

(see below)

Does anyone know if the language changed, or if it was jut the number. A link to the new statute would be appreciated.

Don




Sec. 53-206d. Carrying of firearm while under the influence of intoxicating liquor or drug prohibited. Class B misdemeanor. (a)(1) No person shall carry a pistol, revolver, machine gun, shotgun, rifle or other firearm, which is loaded and from which a shot may be discharged, upon his person (A) while under the influence of intoxicating liquor or any drug, or both, or (B) while the ratio of alcohol in the blood of such person is ten-hundredths of one per cent or more of alcohol, by weight.

- - - Updated - - -

Serious question, do people think hunting is like golf? Grab a six pack and hit the tree stand?

When we do an overnight duck hunting trip, we pitch our tents and stow the guns.

Then we drink a little. Nobody is allowed to touch guns once the booze comes out. I don't know if that qualifies?

Don
 
Thanks for the elaboration.




Interesting.

If it said that "`Hunting' means pursuing, shooting, killing or capturing any bird/quadruped/reptile", then one would be in trouble if one did any one of those four things while drunk.

By writing "and", all four elements must be present to qualify as "hunting".

For instance, when you're sitting in a blind or tree stand, you're not "pursuing" game animals.

And if you're afield loaded (and loaded), but testify that haven't seen a single critter all day, then maybe you haven't even attempted to shoot something.

The legislators may have stepped on their crank with that one.

The first judge to hear the case might not care, but an appeal's court could order the lower court to interpret the stupid law stupidly.


(And then there's the crime of "assisting hunting, while drunk". If a landowner is drunk on their porch when they give someone permission to hunt on the property, does that mean that they have committed an act of assistance to another person in attempting to take game?

Or if a governor had a three martini lunch before signing the state budget, including the fish and game department's licensing funding for the year, did he commit an act of assistance for someone to hunt?

And do people merely assisting in the taking of game need a "hunting license" because even a spouse dropping hubby off at the trailhead before driving to the mall means they are "hunting"?

I'm sure a court could make up some nonsense to broom an unwanted case based on stupid side-effects. But they'd have to put on their nonsense-writing hat to do it. Hopefully they can borrow the legislature's hat, although if this law is any indication, the solons must wear it often).




I'd expect it to count unless there is a definition in the law books closer to 53-206(d).

There is a prima facie definition of hunting in 53a-217e(i) which says that possessing a loaded hunting implement in a place where it would be reasonable to believe that the objective is taking game is prima facie evidence of hunting. Remember that in Connecticut courts have upheld the constitutionality of prima facie evidence provisions because they create a rebuttable presumption- that is to say that while a presumption is created that the defendant can present evidence to the contrary which the judge or jury may consider.

[The term loaded hunting implement is a term of art defined in 53a-217(e)(3) to mean

(3) "Loaded hunting implement" means (A) a rifle or shotgun with a live round in the chamber or in a magazine which is attached to such rifle or shotgun, a muzzle-loaded firearm with the percussion cap in place, or a flintlock firearm with powder in the pan, (B) a bow and arrow with an arrow notched on the bow, (C) a drawn crossbow with a bolt in place, or (D) a high velocity air gun that is charged with a projectile in the chamber or in a magazine that is attached to such air gun; and
]

Obviously, actual hunting can include a lot more- though there are limits to what is actually considered assisting hunting. For example, my understanding is that DEEP does not require a person tagging along as a spectator/observer, photographer, or videographer who is not helping with the actual hunting to possess a hunting license or tags for the species being hunted. However, when an individual is helping with locating game, or driving game [driving deer is prohibited in CT], or calling game for a hunter- even if they are not carrying a gun or bow, they do need appropriate hunting licenses and tags.
 
The older law that the limit only applied if the firearm was
1) loaded
2) carried on your person

(see below)

Does anyone know if the language changed, or if it was jut the number. A link to the new statute would be appreciated.

Don




Sec. 53-206d. Carrying of firearm while under the influence of intoxicating liquor or drug prohibited. Class B misdemeanor. (a)(1) No person shall carry a pistol, revolver, machine gun, shotgun, rifle or other firearm, which is loaded and from which a shot may be discharged, upon his person (A) while under the influence of intoxicating liquor or any drug, or both, or (B) while the ratio of alcohol in the blood of such person is ten-hundredths of one per cent or more of alcohol, by weight.

- - - Updated - - -



When we do an overnight duck hunting trip, we pitch our tents and stow the guns.

Then we drink a little. Nobody is allowed to touch guns once the booze comes out. I don't know if that qualifies?

Don

Refer to PA 16-152 [deletions are in brackets, additions are underlined] {Copy/paste from pdf sucks- I tried to un parse the text, but I'm sure there are still run on or disjointed words}

AN ACT CONCERNING CARRYING A FIREARM WHILEINTOXICATED OR UNDER THE INFLUENCE OF ALCOHOL.Be it enacted by the Senate and House of Representatives in GeneralAssembly convened:Section 1. Section 53-206d of the general statutes is repealed and thefollowing is substituted in lieu thereof (Effective October 1, 2016):(a) (1) No person shall carry a pistol, revolver, machine gun,shotgun, rifle or other firearm, which is loaded and from which a shot may be discharged, upon his person (A) while under the influence of intoxicating liquor or any drug, or both, or (B) while the ratio of alcohol in the blood of such person is [ten-hundredths] eight hundredths of one per cent or more of alcohol, by weight.(2) Any person who violates any provision of this subsection shall be guilty of a class B misdemeanor.(b) (1) No person shall engage in hunting while under the influence o f intoxicating liquor or any drug, or both. [, or while impaired by the consumption of intoxicating liquor.] A person shall be deemed under the influence when at the time of the alleged offense the person (A) is under the influence of intoxicating liquor or any drug, or both, or (B)has an elevated blood alcohol content. For the purposes of this subdivision, "elevated blood alcohol content" means (i) a ratio of Senate Bill No. 20 Public Act No. 16-152 2 of 2 alcohol in the blood of such person that is [ten-hundredths] eighthundredths of one per cent or more of alcohol, by weight, or (ii) if such person [has been convicted of a violation of this subsection, a ratio of alcohol in the blood of such person that is seven-hundredths of one percent or more of alcohol, by weight. A person shall be deemed impaired when at the time of the alleged offense the ratio of alcohol in the blood of such person was more than seven-hundredths of one per cent of alcohol, by weight, but less than ten-hundredths of one per cent of alcohol, by weight] is under twenty-one years of age, a ratio of alcohol in the blood of such person that is two-hundredths of one per cent or more of alcohol, by weight.(2) Any person who violates any provision of this subsection shall be guilty of a class A misdemeanor.(3) Enforcement officers of the Department of Energy and Environmental Protection are empowered to arrest for a violation of the provisions of this subsection.Approved June 6, 2016

In short the changes are
*.10 per se threshold becomes .08
*The deletion of under the influence by impairment wording from the prohibition on hunting while intoxicated [it is still included in the prohibition on carrying a loaded firearm while intoxicated; additionally subdivision (b)(1)(A) still allows intoxication to be defined subjectively in addition to via the per se threshold.
*Elimination of the .07 per se threshold related to hunting while intoxicated by individuals with prior conviction
*Creation of a .02 per se threshold for persons under age 21 who are hunting while intoxicated.
 
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