Carrying While Intoxicated

[dajowi]

Oregon doesn't prohibit the use of any intoxicant (legal or otherwise) while in possession of a firearm. Common sense would obviously say the two don’t mix, but Oregon does not criminalize such behavior.

I find it pretty hypocritical that people feign contempt for anyone carrying a firearm while under the influence yet go out on the weekend to their favorite shooting spot with friends, kick back a few beers or whatever and blast away?

 

[Hal]

In wisconsin it's the same as the limit for a dui (.08 I think?) with two exceptions. 1. restaurants/pubs that you are drinking in. That first drop makes it illegal to carry while inside the bar. If you are not drinking, you are legal. 2. At home. You are not required to put away your firearm at home when you are drinking; however, handling or having that firearm on your person is illegal.

So....you have a small glass of wine @ Thanksgiving dinner & some creeps pull a home invasion & drag the womenfolk off into the other room for some entertainment & you just have to sit there and watch?
Sounds pretty "liberal" to me...

 

[Buzzcook]

So....you have a small glass of wine @ Thanksgiving dinner & some creeps pull a home invasion & drag the womenfolk off into the other room for some entertainment & you just have to sit there and watch?
Sounds pretty "liberal" to me...

Actually just the opposite. A conservative interpretation would be absolutist.

 

[hdwhit]

Hal wrote:
So....you have a small glass of wine @ Thanksgiving dinner & some creeps pull a home invasion & drag the womenfolk off into the other room for some entertainment & you just have to sit there and watch?

When I read your question, the first thing that ran through my mind was, "What was he doing while the 'womenfolk' were being drug away?"

But, assuming that the explanation of Wisconsin law is correct, then the answer to your question would be that you act and then plead justification afterwards.

After all, you're sitting there with a handgun and you're asking why the law would prevent you from using it, well, what are you going to do with the handgun?

Stand up and waive it around while making a speech?

Or are you going to shoot the home invaders?

Well, you're obviously going to shoot. But shooting someone is a crime in every state. There are situations where you can be guilty of that crime and be excused from punishment because you were justified in your actions, but just as with the wine, you are going to have to admit to the crime and then plead justification for a defense.