CT Pistol Permit and legal OUI Limit

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TL;DR: Was told CT pistol permit holders have a lower BAC limit while driving regardless of whether or not they are carrying. Is this true?

I'm a MA resident with my LTC, but am going to graduate school in CT and am looking to get a CT pistol permit in order to have some of my handguns with me at my off campus apartment. I was taking the NRA basic pistols class in order to apply for the permit and the instructor informed me that in CT, having a pistol permit meant the legal alcohol limit for driving was cut in half to .04 BAC, regardless of if they are carrying or not. In doing research after the class, I can't find evidence of this anywhere. Is this true?
 
Smells like pure bullshit, unless this only applies to "when carrying a loaded firearm".

-Mike
 
HB20 during the 2016 legislative session changed the BAC level to 0.08 from 0.10 which triggers the presumptive violation of the laws prohibition of carrying a loaded firearm while under the influence of drugs or alcohol. I don't believe this is what you are talking about, however it is the most recent relevant change to the BAC levels with regard to carrying. I am unaware of any 'special' 0.04 threshold for permit holders. I would also like to know the instructor and the context in his discussion.

Here's a copy of the 2016 law I referenced.
https://www.cga.ct.gov/2016/TOB/s/pdf/2016SB-00020-R00-SB.pdf


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Possessing a pistol permit DOES not reduce the per-se BAC threshold for DUI or carrying a loaded firearm while intoxicated.

It is important to keep in mind that as with DUI, the law pertaining to carrying a loaded firearm while intoxicated does make it possible for a person to be guilty EVEN IF their level of intoxication is less than the per-se threshold "under the influence" (which is based on effect of intoxication).
 
Thanks for the responses everyone, it seemed like crap to me, just wanted to check. I'd rather not give out the instructor's info but I will reach out to him for clarification. I'll update with any response.

FYI, he said this towards the beginning of the course when talking about everyone needing to do due diligence and research the laws in CT because this isn't a gun friendly state and they want to make it unappealing to own firearms in this state.
 
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Sounds like crap. I believe in Ma if you have a Class A CDL you're Bac is indeed cut in half but i could be mistaken.

In Connecticut the per-se BAC threshold when operating a commercial motor vehicle is .04. Additionally, when operating a commercial motor vehicle, detection of any amount of alcohol (<.04) results in a 24 hour out of service period. I believe Massachusetts is substantively similar. (I'm almost positive that the BAC threshold is based on a federal mandate)

Additionally, in Connecticut a CDL holder is prohibited from using Accelerated Rehabilitation (pretrial diversionary program for MV violations and crimes) or Alcohol Education Program (a diversion for first time DUI/14-227 offenders) to avoid conviction for motor vehicle violations. [The Connecticut legislature passed this to ostensibly ensure compliance with federal anti-masking regulations] (Mass is distinguishable in that CDL holders can reap some of the benefits of a CWOF for motor vehicle related offenses BUT as affirmed by Tirado v. Board of Appeals, could still be treated as having a conviction for CDL purposes using the term of art definition of conviction found in MGL c. 90F)
 
To the OP. Whoever told you that is wrong.

I think some of the confusion may come from the fact that just this past year, CT lowered the BAC for carrying a loaded firearm (pay attention to those words, we'll get back to them) from .10% to .08%.

That meant that before this past legislative session if your BAC was .08 to .99, it was illegal for you to drive, but legal for you to carry a loaded firearm.

As JAD said, they changed that this past year.

One other thing. The CT statute specifically says CARRY a LOADED firearm.

So if you aren't carrying it. The statute doesn't apply. and
If its not loaded, the statute doesn't apply.

So if its loaded and in your trunk, the statute doesn't apply.
If its unloaded and on your person or in your trunk the statute doesn't apply.

Just an FYI. Note - its always illegal for a long gun to be loaded in a MV.

Don

long guns in a mv
https://www.cga.ct.gov/2001/pub/Chap943.htm#sec53-205.htm


BAC statute. This is the old one. I'm looking for the new one. The BaC listed here is .1%. There were some changes to the language. I'll continue to try to find it.

https://www.cga.ct.gov/2001/pub/Chap943.htm#sec53-206d.htm

JAD - do you have a link to the new statute?
 
Also true of most CT cops.

Actually most cops in any state. The more complex the firearms laws, the harder time they have keeping up.

When PA 16-152 passed, I suspect that it was gone over at rollcall. And by "it" the drop in BAC. But I'd also bet there was no discussion of the fact that the statute only applied if the gun was

1) being carried
2) loaded
3) operable.

Don
 
Its not because a MA LTC does not require live fire. So a lot of MA students only take the bare minimum (for about $60) that does not require live fire.

A CT Pistol permit does require live fire. So a MA LTC is not enough. You need to show that you have taken a CT approved class.

This is why I tell people to take NRA Basic Pistol no matter what. It works in all states that require it.

Don
 
Also true of most CT cops.

Actually most cops in any state. The more complex the firearms laws, the harder time they have keeping up.

When PA 16-152 passed, I suspect that it was gone over at rollcall. And by "it" the drop in BAC. But I'd also bet there was no discussion of the fact that the statute only applied if the gun was

1) being carried
2) loaded
3) operable.

Don

Those have always been essential elements of the crime.

As a funny aside, several years ago there was a case before BFPE which involved an individual who was arrested in Farmington for charges related to DUI and Possession of a Weapon in a Motor Vehicle. (I believe that there may have also been an underlying motor vehicle infraction/violation involved as well which was cause for initiating the traffic stop). The individual had a loaded handgun in the car (not on or even near his person), was drunk, and had a dangerous weapon/knife in the vehicle (which resulted in the 29-38 charge). IN addition to criminal prosecution, SLFU revoked his permit to carry. During the appeal hearing one of the commissioners questioned the arresting officer about why he failed to arrest the appellant for carrying a loaded firearm while intoxicated. The officer, in effect ended up having to explain that he was not utilizing discretion (to the doubtful commissioner) but that he was attempting to enforce the law correctly.
 
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JAD - do you have a link to the new statute?

http://search.cga.state.ct.us/r/statute/dtsearch.asp?cmd=getdoc&&hc=501&req=intoxicated&Item=106

Sec. 53-206d. Carrying a firearm or hunting while under the influence of intoxicatingliquor or drug prohibited. (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 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 of intoxicatingliquor or any drug, or both. 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 alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, or (ii) if such person 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.
 
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