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Lose LTC Quickly...update post 112
- Thread starter yanici
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First off I think this is a great discussion bringing up many opinions and I'm appreciative of all the professional debate. Second....to answer your question as to my opinion.....it is a personal decision each has to make. I have already stated previously that I prefer to RARELY drink.....that means less than twice a year.....I prefer to keep my senses sharp. That's my personal decision. As to if YOU or someone else has 8 or so beers at home and someone breaks in going for the fire arm is your decision. If you think you can apply your fire arm in that instance with accuracy and judgement without endangering your family members/neighbors that is up to you. I prefer to stay sober...........thats my choice
And the drinking age to 100
![[rolleyes]](/xen/styles/default/xenforo/smilies.vb/042.gif "Roll Eyes [rolleyes]")
Exactly, its not like im in danger of some group of punk kids looking for drunks to jump.
They have to prove youre drunk, volunteer nothing and they have nothing.
Once youre at the station yes but youre already arrested at that point, but then a competent attorney can get the entire arrest thrown out and anything info they gained while under arrest, because if they did not know youre drunk at that point what reason did they arrest you for?
J
Jose
That's besides the point. Your law reads like my state's and many other states'. You simply cannot carry or even handle firearms under the influence of alcohol or drugs.
It is what it is. Know it and ignore it if you like, but beware of the consequences
J
Jose
yanici
NES Member
Great point.
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This is definitely a great discussion, and for once it appears everyone is playing nice, the forum must be slipping!![[laugh]](/xen/styles/default/xenforo/smilies.vb/012.gif "Laugh [laugh]")
Anyway, I can certainly see how this can easily come into play in a situation like going out to dinner with your wife, having a glass (or 2) of wine, then driving home, or someplace else, but happen to be carrying (because you always do![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
). You could get pulled over for a tail light being out, expired reg. sticker, or any number of benign reasons and have an officer smell alcohol on you when you roll down the window. Are you at the legal limit - probably not even close, but I can see a situation spinning out of control very quickly if asked to step out of the car. I think if I was in this scenario, I would probably refuse the breathalyzer, but lack of cooperation could make things ugly with regard to the fact of carrying.
Anyway, I can certainly see how this can easily come into play in a situation like going out to dinner with your wife, having a glass (or 2) of wine, then driving home, or someplace else, but happen to be carrying (because you always do). You could get pulled over for a tail light being out, expired reg. sticker, or any number of benign reasons and have an officer smell alcohol on you when you roll down the window. Are you at the legal limit - probably not even close, but I can see a situation spinning out of control very quickly if asked to step out of the car. I think if I was in this scenario, I would probably refuse the breathalyzer, but lack of cooperation could make things ugly with regard to the fact of carrying.
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![[laugh2]](/xen/styles/default/xenforo/smilies.vb/014.gif "Laugh at above [laugh2]")
Nice!
Now, that is quite interesting...
Any cases where this came into play, or just the way the law was written?
Wow, thanks for responding. Do you mind telling us what happened while the case was going on? Did he have his LTC revoked/firearms confiscated?
Gidge
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You only get that with the Green NES membership
Seriously though it's well worth the $19 ...
yanici
NES Member
Seems like the local COP could still throw an "UNSUITABLE" at him and make it stick. Then no LTC. Like Jose said earlier.
Pertaining to my question, if we have had one (or more) drinks while driving and carrying, can we refuse field tests, breathalyzer, and all of the above at the station as well? What would be your advice if put into that situation?
Which is how it should work. If someone is out of prison they should retain the full rights of a free man. At minimum this takes away all need for the rest of us to prove we are not restricted in some way.
That Guy
Banned
I don't know - I can see something clarifying the law, such as establishing a specific legal limit. But in general, I am all for drunk people not walking around with guns, just like I'm all for drunk people not driving around in cars.
As far as the question about what if you are in your house, well, just like if you stab an intruder in your home while you are drunk, it's probably going to cause some legal problems for you because it will definitely allow an opposing attorney the opportunity to cast doubt on whatever you say. Bottom line is, no matter where you are when you get drunk, you can run into problems.
True. Any thing you say can be used agents you, not for you, so stfu and let a attorney handel it
Can you come up with a way to enforce restrictions on doing X while "drunk" without screwing around with my liberty? I don't drink and drive. I don't get drunk at all. But that doesn't stop the police from harassing me in a roadblock, or in a run of the mill traffic stop, or otherwise interfering with my life. The problem with imposing your desires through the coercive rule of law is that freedom across the board is sacrificed along the way. Crimes without victims result in all of us being treated like potential members of a criminal class.
I would like to think that a few drinks won't **** me over if I ever had to use my CCW. I'd rather have it and base my decision whether I want to use it or not based on the circumstance. If I know I've had one too many , I would make sure I take every measure to make sure no drunken mistakes are made. Even when I've been drunk as hell , I am confident I could defend myself in my home , so why would this be any different if I had my gun while someone else drove. These laws are silly.
There is a bit of a difference, IMO. Driving requires specific actions in order to keep it safe, actions which are difficult to do when impaired. In contrast, a holstered gun just needs inaction to be safe -- leave it in the holster.
No, I'm not advocating drinking and carrying. But I don't think the two issues are as equivalent as some people make them out to be.
Obviously a persons self defense is their own business. I personally do not carry when I know I will be having a cocktail. I have been carrying and was offered a drink while at a relatives house and declined for that reason. I would say that I am whipped by Mass laws and the moonbattery but it is difficult enough to get a license in this state that i will not risk it. I am also 1000% more likely to have my wife drive after I have had more than one drink. If you do one you have to think of the other.......
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I don't agree with this for a few reasons...
-Carrying a gun is a right; driving a car, more debatable.
-Abrogating someones rights and means of self defense just because they are "intoxicated" is absurd on its face...
-Driving a car requires active attention. The chaos/danger level is similar to running around on a live shooting range where people are firing guns past you... one wrong/bad move and someone is getting hit. A gun concealed in a holster is, more or less, doing nothing. The "realm of chaos" between the two activities is completely different. A guy carrying a gun who is intoxicated might only act in error under duress, whereas, someone who is shitfaced and driving, as long as that vehicle is in motion, it's probably a threat to other drivers.
The "community danger" aspect between the two activities is not even in the same ballpark. Most guns being carried stay in their holsters every day, whether the antis want to admit that or not.
I'm not saying carrying a gun around while shitfaced is necessarily a good idea, I just don't think there should be any law regulating it- it's not going to stop or deter someone from doing it, and it's really only going to trap people it was never really meant to trap. If someone does something irresponsible with that gun while they are shitfaced, there are already a myriad of other laws to prosecute that person with, and their intoxication may end up cranking up whatever charges are on that end. Having redundant laws is generally a bad idea and only
serves the whims of some ****heads who represent the "state".
-Mike
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