Possession of guns and consumption of booze

L

leadcounsel

Moderator
Here's an interesting "gray area" in the thread topic for a discussion:

Possession is defined generally as having immediate access and control or exercising dominion over an object. We all know what booze and guns are.

Most state laws prohibit the consumption of alchohol while in possession of a firearm, or vice versa (possessing guns and drinking).

As a gun owner with guns in your home, are you technically breaking the law when you drink in your home?
 
I can see it within the first 10 posts. Some hapless victim will cry out that he only had a taste o'the hops while cleaning his deer gun when the big blue meanies busted in and trod all over him, when a quick review of the dashcam tape will show our hero on the front porch in nothing but stained tightywhiteys and a bandoleer taking target practice on the "School Zone" sign conveniently located next door while doing hits off a beer bong, necessitating a SWAT callout, evacuation of the 'hood, and one thoroughly bored crisis negotiator.
 
Most state laws prohibit the consumption of alchohol while in possession of a firearm, or vice versa (possessing guns and drinking).

As a gun owner with guns in your home, are you technically breaking the law when you drink in your home?
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How did we get from this question to sitting on the front porch drinking with a gun in hand? Or beating "wimmin folk"? :rolleyes:

To answer the actual question, in Florida, you are illegal if you are intoxicated to the point your "normal faculties" are impaired and in "manual possession" of a loaded firearm. If you are tested at .10 or more you are considered impaired, but in somecases normal faculties are considered imparied at as low as .05.

That means you are not breaking any law by having a gun in the safe while you are drinking in your own home.

You are not breaking the law by handling an empty firearm. You are not breaking the law even if you are carrying a loaded gun, as long as you don't touch it. In Florida.

I'm not saying to drink a 12 pack and pull an 'empty' SAA out of the safe and twirl it on your finger, but it would be legal if it weren't loaded. If it were loaded, you might get arrested or just find out the hard way.
 
LC, in my state the police only get involved if you are in public or they have a warrent or probable cause. I've been wondering about another gray area. Suppose you are on your deeded property where there is, coincidentally, a road right of way. Do you retain your private rights to carry on your own property without your permit or must you have the permit because the road cuts through it?
 
I'm not saying to drink a 12 pack and pull an 'empty' SAA out of the safe and twirl it on your finger, but it would be legal if it weren't loaded. If it were loaded, you might get arrested or just find out the hard way.
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Personally, I've never seen any gun drink enough to get truly "loaded" whether I was giving it a twirl or not. :D
 
"Most state laws prohibit the consumption of alchohol while in possession of a firearm, or vice versa (possessing guns and drinking)."

I don't think this is necessarily so. At least I can find no such state law in California. Perhaps someone who knows better could point out the code section.

Tim
 
Hmmm. If I had a nickel for every trapshooter I've ever seen consuming a beer between rounds......


I'm not saying its right, but there's a big difference between drinking a beer and being legally intoxicated for most people.
 
Hmmm...

I've seen guys not only drinking plenty of beer, but also smoking pot while shooting! :eek:



...Of course, they were "shooting" a round of Disc Golf! :p


-blackmind
 
I can see it within the first 10 posts. Some hapless victim will cry out that he only had a taste o'the hops while cleaning his deer gun when the big blue meanies busted in and trod all over him, when a quick review of the dashcam tape will show our hero on the front porch in nothing but stained tightywhiteys and a bandoleer taking target practice on the "School Zone" sign conveniently located next door while doing hits off a beer bong, necessitating a SWAT callout, evacuation of the 'hood, and one thoroughly bored crisis negotiator.
Click to expand...

:D :D :D

WildniceoneAlaska
 
"Hmm... sendec's not back since his initial insults.

Did he lose interest when his bait was snubbed?

-blackmind"

What's to say? Drinking+guns=bad, but if you dont know that maybe you should stick to the frisbee golf. Drinking-guns= irrelevent to a gun board. The "attorney" posting this (should) knows full well about constructive possession. The premise of the question is the bait - let's blather about "whatever we do in the castle is our right blarg blarg blarg"

What's next, Drunken zombies loose their carry rights cause they have DV TROs during TEOTWAWKI?
 
Man, if you can't stand what we talk about so bad, why do you even stick around?? :rolleyes:

More fun to be condescending and sarcastic, it must be.


-blackmind
 
I posted this for two reasons:

1) I prefer the more stimulating intellectual conversations where we can all engage, reflect, and maybe learn something (as opposed to 9mm vs. .45 conversations which go nowhere)

2) This is a serious gray area of the law in many states, including Colorado.

Scenario: You're at home having a severl drinks while watching a football game on TV and are legally intoxicated. You've got your shotgun in the bedroom, maybe even your handgun on your hip (which is habit for many) and you and the guns are all loaded. :D Suddenly there is a disturbance in front of your house. Two cars crash in the intersection right in front of your house. You walk to your front porch to watch when you see a half naked and beaten woman struggle with some men in the car and she bursts out of the car and runs in your direction screaming for help. 3 large men armed with knives follow. You resolve the situation with your firearm (this isn't the important part).

Now -- the question is CAN (NOT WILL HE, BUT CAN) the police or DA arrest/prosecute you for being intoxicated while in possession or using a firearm?
 
"Now -- the question is CAN (NOT WILL HE, BUT CAN) the police or DA arrest/prosecute you for being intoxicated while in possession or using a firearm?"

Fair enough. My take:

1) I still don't think it's illegal to be drunk and in possession of a firearm--at least not everywhere.

2) Even if you are drunk, you are still allowed to defend yourself or others from violent criminal attack.

Tim
 
Any suggestions for where I can research this in KY?

I like beer, and I can see a school zone sign from my front porch :eek: !!!

We won't discuss my undergarments.

Seriously, though -- if there's a quick way to research this, I'd appreciate a heads-up.
 
Start with the KY statutes which you'll be able to quickly find online.

But that may not be clear enough b/c if it's like most states it will vaguely say that you cannot possess a firearm and consume alcohol at the same time. To get an answer you may have to research case law or hire a lawyer to get the answer.

I'm interested in the answer, but not interested enough to research it mainly because I doubt there's much if any precedent. In this case I doubt that a DA or the cops would pursue it if you saved someones' life... but maybe. That's not the point though. The point is whether it is illegal.
 
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