Carrying while intoxicated

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  • Jtgarner

    Master
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    46   0   0
    Oct 5, 2010
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    Bloomington
    Alright INGO, my wife is in law school (your condolences are welcome and appriciated) and she has found someone who doesn't think it is illegal to carry a gun while under the influence. Neither she nor I believe this is a good idea (and I hope this other yahoo doesn't either), but as scholars of the law they want proof that it is illegal. For the life of me I can't find the IC that says that. Is it a federal law? Help me out guys!
     

    Jtgarner

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    Oct 5, 2010
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    Bloomington
    Damn... I was wrong... Don't tell my wife (although if we ask her I am never right anyway). Thanks for the quick responses guys.

    As the former president of Students for Concealed Carry on Campus at IU, one of the most common arguments is that it is not smart to introduce guns into an environment where there is so much use and abuse of alcohol. The general response to this argument from the organization is as follows:
    This is NOT a debate about keeping guns out of the hands of college students. Allowing concealed carry on college campuses would not change the rules about who can buy a gun or who can obtain a concealed handgun license. Every state that provides for legalized concealed carry has statutes prohibiting license holders from carrying while under the influence of drugs or alcohol. Legalizing concealed carry on college campuses would neither make it easier for college students to obtain firearms nor make it legal for a person to carry a firearm while under the influence of drugs or alcohol. Allowing concealed carry on college campuses would have no impact on the laws regulating concealed carry at bars and off-campus parties, the places where students (particularly students of legal age to obtain a concealed handgun license) are most likely to consume alcohol.

    Looks like I will have to mention this little piece of misinformation to them... Damn... law students win again :xmad:
     

    The Bubba Effect

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    19   0   0
    May 13, 2010
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    High Rockies
    I don't know about other people, but even though it's legal to get drunk while carrying, it's a deal breaker for me. I do not think it is responsible, so I do not do it.

    Carrying a firearm has actually stopped me from getting drunk. I used to get drunk occasionally. Since I started regularly carrying, I have not gotten drunk and there have been a few times I made the decision specifically because I am carrying.

    I honestly think that regularly carrying a firearm has helped me to be more conscious of my actions and more deliberate in my decisions.
     

    Jtgarner

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    46   0   0
    Oct 5, 2010
    1,994
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    You could always take a road trip to Michigan and tell her that it's illegal again, then you'd be correct
    :) GOOD CALL!

    I don't know about other people, but even though it's legal to get drunk while carrying, it's a deal breaker for me. I do not think it is responsible, so I do not do it.

    Carrying a firearm has actually stopped me from getting drunk. I used to get drunk occasionally. Since I started regularly carrying, I have not gotten drunk and there have been a few times I made the decision specifically because I am carrying.

    I honestly think that regularly carrying a firearm has helped me to be more conscious of my actions and more deliberate in my decisions.
    I completely agree, and that is not really what the issue is. I don't think it is a good idea, and neither does my wife. The other person, I can not speak for. I am just bummed I was mislead :/
     

    BehindBlueI's

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    29   0   0
    Oct 3, 2012
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    if you have a situation and defend yourself, yehhhhhhh good luck with that legal battle.

    Why? A good shoot is a good shoot, regardless of your BAC. If I'm drunk in my house and someone breaks in, should I ask them to leave and come back when I'm sober?

    I won't insult anyone's intelligence and explain alcohol's affect on what we perceive as "reasonable", and everyone *should* know their own limits with adult beverages and make the responsible choice. That said, the defense will be judged as "reasonable" based on what a sober person would have done. IC code specifically forbids voluntary intoxication as a defense, but it does not make it an overrider for an otherwise good defense shooting.
     

    KW730

    Expert
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    0   0   0
    Sep 18, 2012
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    Illegal to supply a firearm to an intoxicated person. Not illegal to supply alcohol to an armed person. Not in Indiana anyway.
     

    UncleMike

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    0   0   0
    Dec 30, 2009
    7,454
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    NE area of IN
    Alright INGO, my wife is in law school (your condolences are welcome and appriciated) and she has found someone who doesn't think it is illegal to carry a gun while under the influence. Neither she nor I believe this is a good idea (and I hope this other yahoo doesn't either), but as scholars of the law they want proof that it is illegal. For the life of me I can't find the IC that says that. Is it a federal law? Help me out guys!
    You're right in the case of one group of people.
    Police Officers are not allowed to carry when intoxicated under Federal Law HR 218 also known as LEOSA (Law Enforcement Officers Safety Act).
    HR 218
    This law applies to persons who meet the definition listed below of a "Qualified Law Enforcement Officer."
    qualified law enforcement officer means an employee of a governmental agency who--
    `(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;
    `(2) is authorized by the agency to carry a firearm;
    `(3) is not the subject of any disciplinary action by the agency;
    `(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;
    `(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
    `(6) is not prohibited by Federal law from receiving a firearm.
     

    ModernGunner

    Shooter
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    0   0   0
    Jan 29, 2010
    4,749
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    NWI
    Well, no whining here about if one 'should', that's not the question.

    You have the exact same authority, responsibility, and liability for your actions with your gun regardless of your level of sobriety, or any other factor that may, in any form, impair your judgment and/or abilities.

    But hey, we ALL 'know' a bad guy would never target an intoxicated person for battery, robbery, rape, or any other crime against a person, right? They'll always come back later when you have your full faculties!

    Hmmm, then again, maybe not...
     
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