What do you carry when you dont want to carry

[mark056]

It is certainly okay for the original poster to ask the question...however knowing that the internet is forever, and that the real-life identities of the posters are known or could be discerned, I would respectfully reply that what I carry, when I carry, and what weaponry that I might have access to, is no one's business...period. If a person wants to volunteer that information, it is their business, not mine.

I am always a little uncomfortable when someone starts asking these questions. I know that people want to learn, and one cannot learn if they don't ask questions. On the other hand, there are folks who peruse this forum whose interests are not shared with the majority of people here and I certainly don't want those people to know what weapons I carry.

 

[GSG]

kel-tec, because it fits in my front pocket, no matter how tight my jeans are,

You don't have problems with that printing in tight jeans?

Not arguing with you, but do you know where it says that? I can't recall ever seeing it in the MGL's?

Argue all you want, there's always the chance that I'm having a stupid moment.

MGL 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.

No mention of bars there, just an LTC (this doesn't apply to gang bangers carrying illegally ) and "under the influence," which isn't defined.

GSG, how would this play out if one had been drinking at home for a few hours in the evening, then used a firearm in a self-defense scenario against a B&E perpetrator in your bedroom at 2am?

Two important things, I'm not a lawyer, and there's no higher court caselaw on carrying intoxicated, so you'd be scouting new territory on that. This was an incident similar to what you describe, but the articles are kind of vague; I don't know what charges were brought before the grand jury or if they included the above offense, but the guy did lose his LTC and hasn't been able to get it back as far as I know. That's obviously a risk in Mass., especially if you shoot the wrong person.

The only answer I can give you is I don't know. I'd keep any alcohol intake to a minimum when handling guns in Mass. But, keep in mind 269-10H only applies to LTC holders with handguns, SBR's & SBS's, not LTC holders with traditional long guns. You could make a very legally correct argument that you weren't violating any law when you defended yourself with your pump shotgun after a few beers (that might explain why Daniel Cotnoir wasn't charged for violating 269-10H) but honestly, LE would probably interpret that as you being cute. In Mass., I wouldn't expect that distinction to take you very far in any practical sense, especially since you'd be federally prohibited from recieving firearms while under indictment for such an offense, and if charged I'd expect you to lose your LTC at least while it played out in court.

I really want to stress that this isn't an area where I'd play around. Self defense is almost never codified into MGL, you have few legal protections as it is, and throwing alcohol in the mix isn't going to help you out any. If the two cases I linked above show you anything it's that even if you're not convicted of a crime your gun rights are yours based on the whimsy of one man.

So short answer, your sober, licensed spouse would defend the house, and the whole situation could be avoided.

 

[SheepDog_B]

...


Two important things, I'm not a lawyer, and there's no higher court caselaw on carrying intoxicated, so you'd be scouting new territory on that. This was an incident similar to what you describe, but the articles are kind of vague; I don't know what charges were brought before the grand jury or if they included the above offense, but the guy did lose his LTC and hasn't been able to get it back as far as I know. That's obviously a risk in Mass., especially if you shoot the wrong person.

The only answer I can give you is I don't know. I'd keep any alcohol intake to a minimum when handling guns in Mass. But, keep in mind 269-10H only applies to LTC holders with handguns, SBR's & SBS's, not LTC holders with traditional long guns. You could make a very legally correct argument that you weren't violating any law when you defended yourself with your pump shotgun after a few beers (that might explain why Daniel Cotnoir wasn't charged for violating 269-10H) but honestly, LE would probably interpret that as you being cute. In Mass., I wouldn't expect that distinction to take you very far in any practical sense, especially since you'd be federally prohibited from recieving firearms while under indictment for such an offense, and if charged I'd expect you to lose your LTC at least while it played out in court.

I really want to stress that this isn't an area where I'd play around. Self defense is almost never codified into MGL, you have few legal protections as it is, and throwing alcohol in the mix isn't going to help you out any. If the two cases I linked above show you anything it's that even if you're not convicted of a crime your gun rights are yours based on the whimsy of one man.

So short answer, your sober, licensed spouse would defend the house, and the whole situation could be avoided.

Thank you.