Carrying while intoxicated

[bwframe]

Sounds to me like you all might be shocked about how many functioning alcoholics are out there carrying right now. When was the last time you heard anything about a drunk guy actually shooting anything?

 

[mdmayo]

Not illegal here in Indiana. Other states vary.

In Michigan you can't (or couldn't, I need to look at their new law) carry in restaurants that derive a certain percentage of sales from booze. And if you are carrying and decide to have that beer your legal BAC limit drops to 0.02%. Blow more than that and your at least going to jail and lose your CCP.

 

[jwh20]

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!

I'll just add my worth.

While it's not specifically illegal in Indiana to carry a firearm while intoxicated, if you draw and fire the weapon in that state you will very likely end up in prison.

The best approach if you are carrying is to not drink at all.

If you do choose to drink while carrying, do so in a way that no reasonable person could be made to believe that your judgement was impaired.

Think, "...if something happens, what will the prosecuting attorney be saying to the jury about my condition..."

 

[AndersonIN]

I'll just add my worth.

While it's not specifically illegal in Indiana to carry a firearm while intoxicated, if you draw and fire the weapon in that state you will very likely end up in prison.

The best approach if you are carrying is to not drink at all.

If you do choose to drink while carrying, do so in a way that no reasonable person could be made to believe that your judgement was impaired.

Think, "...if something happens, what will the prosecuting attorney be saying to the jury about my condition..."

"what will the prosecuting attorney be saying to the jury about my condition..." Could he say gee he had a few beers but was protecting himself/family from harm????

Not saying it's wise or suggesting someone do it. Just saying legal self defense is legal self defense. Illegal self defense is illegal self defense!

If I take a drink (which I never have armed or not) my right/obligation to protect myself and family should not be and is not hampered under the law!

 

[Spike_351]

Once again your wife is correct, not illegal.

 

[possum_128]

There is a reason you can't find the law in the Indiana or federal code...Because it's not illegal! It's just that simple.

 

[Kirk Freeman]

While it's not specifically illegal in Indiana to carry a firearm while intoxicated, if you draw and fire the weapon in that state you will very likely end up in prison.

What makes you say this?

 

[jwh20]

"what will the prosecuting attorney be saying to the jury about my condition..." Could he say gee he had a few beers but was protecting himself/family from harm????

Not saying it's wise or suggesting someone do it. Just saying legal self defense is legal self defense. Illegal self defense is illegal self defense!

If I take a drink (which I never have armed or not) my right/obligation to protect myself and family should not be and is not hampered under the law!

He will say whatever he possibly can to show that you were irresponsible or even negligent! I'm not saying you should not defend yourself if you are in harm's way, but the Indiana statute has this concept:

...the person reasonably believes to be the imminent use of unlawful force...

So if you are intoxicated can reasonable doubt be thrown against your argument that you were justified in killing someone because you "reasonably believed" your life was in imminent danger?

Does an intoxicated man have ANY "reasonable beliefs" at all?

I'm just saying, it could very well be a big problem!

 

[jbombelli]

He will say whatever he possibly can to show that you were irresponsible or even negligent! I'm not saying you should not defend yourself if you are in harm's way, but the Indiana statute has this concept:



So if you are intoxicated can reasonable doubt be thrown against your argument that you were justified in killing someone because you "reasonably believed" your life was in imminent danger?

Does an intoxicated man have ANY "reasonable beliefs" at all?

I'm just saying, it could very well be a big problem!

If you're sober and the circumstances justify shooting, that doesn't change just because you've had a few drinks.

They don't assume whether you're a reasonable person or not. The question is ... "given the circumstances would a reasonable person think deadly force is necessary?"

 

[AndersonIN]

He will say whatever he possibly can to show that you were irresponsible or even negligent! I'm not saying you should not defend yourself if you are in harm's way, but the Indiana statute has this concept:



So if you are intoxicated can reasonable doubt be thrown against your argument that you were justified in killing someone because you "reasonably believed" your life was in imminent danger?

Does an intoxicated man have ANY "reasonable beliefs" at all?

I'm just saying, it could very well be a big problem!

"I'm just saying, it could very well be a big problem!" Well might it not be even if you're sober???

ANYTHING "COULD VERY WELL BE A BIG PROBLEM"............

Type of Ammo
Weapon modifications
Feeling for the other person good or bad
Prior altercations with that person
Prescription medications
etc. etc. etc.

Your statement is way to ambiguous to carry any meaning or foundation!

 

[jwh20]

If you're sober and the circumstances justify shooting, that doesn't change just because you've had a few drinks.

They don't assume whether you're a reasonable person or not. The question is ... "given the circumstances would a reasonable person think deadly force is necessary?"

I'll just point out that the statute does not say "a reasonable person" but rather "the person reasonably believes".

So it's specific to the person using the deadly force at that time and place.

 

[jbombelli]

I'll just point out that the statute does not say "a reasonable person" but rather "the person reasonably believes".

So it's specific to the person using the deadly force at that time and place.

I'll just point out the "reasonable person doctrine." You should look it up and learn how this actually works.

 

[AndersonIN]

I'll just point out the "reasonable person doctrine." You should look it up and learn how this actually works.

OH good lord............both look it up AND learn how it works????

That's UNAMERICAN!!!!

 

[VN Vet]

A potentially very bad scene my friend. Don't to it. Ever.

 

[Bunnykid68]

He will say whatever he possibly can to show that you were irresponsible or even negligent! I'm not saying you should not defend yourself if you are in harm's way, but the Indiana statute has this concept:



So if you are intoxicated can reasonable doubt be thrown against your argument that you were justified in killing someone because you "reasonably believed" your life was in imminent danger?

Does an intoxicated man have ANY "reasonable beliefs" at all?

I'm just saying, it could very well be a big problem!

If I am hammered drunk, I am still more reasonable than most people in this world

 

[mdmayo]

Criminal legality and civil legality differ largely.

A justified shooting whether drinking or not, is not criminally illegal, specifically. Civilly, I'd almost bet my gun collection you'd lose the case.

I'm not willing to test the waters personally

 

[MCgrease08]

I've only had my LTCH about a month now. When I took the wife out for dinner the other night she asked why I didn't order beer like I normally would. I quietly explained that carrying and drinking don't mix. My alcohol intake has been down since I went full time CC. I told her it was just another reason she should be happy about me carrying.

 

[9mmfan]

As I grow older, I drink less. I didn't start carrying 'full time' until about 6 or 8 years ago. If I go out for dinner, I sometimes have a beer or two, but only if I eat something with it.

 

[Aaron1776]

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.

This is the answer you're looking for.

In Indiana, it's illegal to provide a firearm to an intoxicated person, but not illegal to provide an intoxicant to an armed person, though the result of a drunk armed guy is the same either way.

Only the same result if the guy who is armed consumes enough to get drunk. I carry a gun and imbibe alcohol all of the time.
Still haven't gotten drunk while doing it. Never will because I'm not an idiot.

Once again your wife is correct, not illegal.

 

[inlineman]

Open carrying has also made me more responsible.I also have quit a few bad habits that I will not mention since I have started carrying on a regular basis.Thats also another argument why people should carry.