Comments on: in search of information http://www.wallsofthecity.net/2009/11/in_search_of_information.html defending our rights from the ramparts Wed, 17 Mar 2010 04:58:40 -0400 hourly 1 By: Linoge http://www.wallsofthecity.net/2009/11/in_search_of_information.html/comment-page-1#comment-3875 Linoge Fri, 27 Nov 2009 15:11:48 +0000 http://www.wallsofthecity.net/?p=2251#comment-3875 Wierd... In any case, thanks for doing the digging. I guess that would explain why I could not find any statutes or codes covering intoxication and firearms :). Wierd… In any case, thanks for doing the digging. I guess that would explain why I could not find any statutes or codes covering intoxication and firearms :) .

]]> By: Eseell http://www.wallsofthecity.net/2009/11/in_search_of_information.html/comment-page-1#comment-3874 Eseell Wed, 25 Nov 2009 20:40:36 +0000 http://www.wallsofthecity.net/?p=2251#comment-3874 I'm sure they'd find something to bust you with if you were actually drunk, but it's not in statute. I, too, am surprised that this situation is not covered under <a href="http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03102.htm&Title=13&DocType=ARS" rel="nofollow">"misconduct involving weapons."</a> I’m sure they’d find something to bust you with if you were actually drunk, but it’s not in statute. I, too, am surprised that this situation is not covered under “misconduct involving weapons.”

]]> By: Linoge http://www.wallsofthecity.net/2009/11/in_search_of_information.html/comment-page-1#comment-3873 Linoge Wed, 25 Nov 2009 19:29:02 +0000 http://www.wallsofthecity.net/?p=2251#comment-3873 <strong>Eseell:</strong> Thanks for doing the digging... just like Pennsylvania, that falls under the "completely whacky" heading for me. I wonder what anti-rights advocates would do if they fully comprehended that one could apparently be roaring drunk and "packing" in AZ (though something tells me such situations fall under "threat to the public good" or something similar). <strong>Sean:</strong> I was more approaching the law from the "it is illegal to be smashed and carrying" perspective, rather than the "it is legal to drink responsibly and carry" side. In any case, likewise, thanks for turning up the appropriate laws, or lack thereof. <strong>All:</strong> It is looking like the megapost for this small bit of research is being pushed back until next week. Apologies. Eseell: Thanks for doing the digging… just like Pennsylvania, that falls under the “completely whacky” heading for me. I wonder what anti-rights advocates would do if they fully comprehended that one could apparently be roaring drunk and “packing” in AZ (though something tells me such situations fall under “threat to the public good” or something similar).
Sean: I was more approaching the law from the “it is illegal to be smashed and carrying” perspective, rather than the “it is legal to drink responsibly and carry” side. In any case, likewise, thanks for turning up the appropriate laws, or lack thereof.
All: It is looking like the megapost for this small bit of research is being pushed back until next week. Apologies.

]]> By: Sean Sorrentino http://www.wallsofthecity.net/2009/11/in_search_of_information.html/comment-page-1#comment-3872 Sean Sorrentino Tue, 24 Nov 2009 22:53:36 +0000 http://www.wallsofthecity.net/?p=2251#comment-3872 "That said, is there no mention at all, anywhere, in any code, of whether or not intoxication while carrying is illegal? I find that somewhat surprising." yeah, it seems surprising, but no one has ever thought to make it illegal. i guess that's why i am always slipping in the blood of the innocents slaughtered in drunken bar shootouts. oh, wait. no, actually i am not. i wonder if maybe the professional whiners in the anti-gun world are lying? in any case, you may feel free to CC or OC in PA while drinking a beer in a public establishment. the free states bit is a response to the assumption that there must exist a law to make something permissable, not a reflection of the relative freedom of Tennessee and Pennsylvania. The Brady Bunch rates PA as 10 out of 50 for restrictive gun laws, mostly on the strength of our required NICS (actually PICS) check and state purchase registry on pistols. that gets us 16 out of our total 26 points. “That said, is there no mention at all, anywhere, in any code, of whether or not intoxication while carrying is illegal? I find that somewhat surprising.”
yeah, it seems surprising, but no one has ever thought to make it illegal. i guess that’s why i am always slipping in the blood of the innocents slaughtered in drunken bar shootouts. oh, wait. no, actually i am not. i wonder if maybe the professional whiners in the anti-gun world are lying? in any case, you may feel free to CC or OC in PA while drinking a beer in a public establishment.
the free states bit is a response to the assumption that there must exist a law to make something permissable, not a reflection of the relative freedom of Tennessee and Pennsylvania. The Brady Bunch rates PA as 10 out of 50 for restrictive gun laws, mostly on the strength of our required NICS (actually PICS) check and state purchase registry on pistols. that gets us 16 out of our total 26 points.

]]> By: Eseell http://www.wallsofthecity.net/2009/11/in_search_of_information.html/comment-page-1#comment-3871 Eseell Tue, 24 Nov 2009 18:40:38 +0000 http://www.wallsofthecity.net/?p=2251#comment-3871 I searched through the Arizona Revised Statutes Title 13 (Criminal Code), Chapter 31 (Weapons and Explosives) and Title 4 (Alcoholic Beverages), Chapter 2 (Regulations and Prohibitions), but I could not find anything that regulates the possession of a firearm while intoxicated or otherwise impaired other than <a href="http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/4/00244.htm&Title=4&DocType=ARS" rel="nofollow">Section 4-244</a> Paragraph 31 which reads, "[It is unlawful f]or any person in possession of a firearm while on the licensed premises of an on-sale retailer to consume spirituous liquor." I searched through the Arizona Revised Statutes Title 13 (Criminal Code), Chapter 31 (Weapons and Explosives) and Title 4 (Alcoholic Beverages), Chapter 2 (Regulations and Prohibitions), but I could not find anything that regulates the possession of a firearm while intoxicated or otherwise impaired other than Section 4-244 Paragraph 31 which reads, “[It is unlawful f]or any person in possession of a firearm while on the licensed premises of an on-sale retailer to consume spirituous liquor.”

]]> By: Linoge http://www.wallsofthecity.net/2009/11/in_search_of_information.html/comment-page-1#comment-3870 Linoge Tue, 24 Nov 2009 17:28:58 +0000 http://www.wallsofthecity.net/?p=2251#comment-3870 <strong>Weer'd:</strong> MA's laws on the topic are whacky... seem to boil down to "you could be in trouble if your BAC is 0.08 or higher <em>or</em> the arresting officer can convince the court you were intoxicated". Not something I would want to test. <strong>Bob:</strong> Yeah, Texas seems to fall under the same heading of strict definition <em>plus</em> situational interpretation. <strong>David:</strong> That sounds a lot like what Tennessee had up until a few days ago. <strong>Eseell:</strong> What does Arizona have to say about BAC/intoxication levels? <strong>Aaron:</strong> Let me know if you can dig up the chapter and verse on it. <strong>Sean:</strong> Given that I am writing from Tennessee (#7), and you from Pennsylvania (#20), you might want to be careful with that <a href="http://www.mercatus.org/uploadedFiles/Mercatus/Publications/Freedom%20in%20the%2050%20States.pdf" rel="nofollow">high horse</a>. That said, is there no mention at all, anywhere, in any code, of whether or not intoxication while carrying is illegal? I find that somewhat surprising. <strong>Joe:</strong> Idaho also falls under the fast-and-loose definition heading... states definitely like those in laws, with good reason, I suppose. <strong>All:</strong> Thanks for the input. I am specifically looking for states like Nevada, Louisiana, and Utah where carry is legal so long as you are below a 0.0# BAC, but this all was quite useful as well. Expect a post on this tomorrow or soon thereafter. Weer’d: MA’s laws on the topic are whacky… seem to boil down to “you could be in trouble if your BAC is 0.08 or higher or the arresting officer can convince the court you were intoxicated”. Not something I would want to test.
Bob: Yeah, Texas seems to fall under the same heading of strict definition plus situational interpretation.
David: That sounds a lot like what Tennessee had up until a few days ago.
Eseell: What does Arizona have to say about BAC/intoxication levels?
Aaron: Let me know if you can dig up the chapter and verse on it.
Sean: Given that I am writing from Tennessee (#7), and you from Pennsylvania (#20), you might want to be careful with that high horse.
That said, is there no mention at all, anywhere, in any code, of whether or not intoxication while carrying is illegal? I find that somewhat surprising.
Joe: Idaho also falls under the fast-and-loose definition heading… states definitely like those in laws, with good reason, I suppose.
All: Thanks for the input. I am specifically looking for states like Nevada, Louisiana, and Utah where carry is legal so long as you are below a 0.0# BAC, but this all was quite useful as well. Expect a post on this tomorrow or soon thereafter.

]]> By: Joe Huffman http://www.wallsofthecity.net/2009/11/in_search_of_information.html/comment-page-1#comment-3869 Joe Huffman Tue, 24 Nov 2009 16:57:38 +0000 http://www.wallsofthecity.net/?p=2251#comment-3869 Washington State law prohibits it in establishment that serve alcohol and have a 21 or older requirement. Washington State law prohibits it in establishment that serve alcohol and have a 21 or older requirement.

]]> By: Joe Huffman http://www.wallsofthecity.net/2009/11/in_search_of_information.html/comment-page-1#comment-3868 Joe Huffman Tue, 24 Nov 2009 16:55:12 +0000 http://www.wallsofthecity.net/?p=2251#comment-3868 In Idaho you can carry in a bar <a href="http://www3.state.id.us/cgi-bin/newidst?sctid=180330002B.K" rel="nofollow">but</a>: <blockquote>18-3302B. CARRYING CONCEALED WEAPONS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. It shall be unlawful for any person to carry a concealed weapon on or about his person when intoxicated or under the influence of an intoxicating drink or drug. Any violation of the provisions of this section shall be a misdemeanor.</blockquote> In Idaho you can carry in a bar but:

18-3302B. CARRYING CONCEALED WEAPONS UNDER THE INFLUENCE OF ALCOHOL OR
DRUGS. It shall be unlawful for any person to carry a concealed weapon on or
about his person when intoxicated or under the influence of an intoxicating
drink or drug. Any violation of the provisions of this section shall be a
misdemeanor.

]]> By: Sean Sorrentino http://www.wallsofthecity.net/2009/11/in_search_of_information.html/comment-page-1#comment-3867 Sean Sorrentino Tue, 24 Nov 2009 16:32:04 +0000 http://www.wallsofthecity.net/?p=2251#comment-3867 Pennsylvania does not have any laws against carrying either in an establishment with an alcohol license, nor does it have any law against drinking or being drunk while in possession of a firearm. here in the free world, we only outlaw things that we want to be illegal. we don't write laws to make things legal. the PA Uniform Firearms Act is here. <a href="http://www.acslpa.org/pa_uniform_firearms_act.htm" rel="nofollow">http://www.acslpa.org/pa_uniform_firearms_act.htm</a> note the complete lack of alcohol related laws. Pennsylvania does not have any laws against carrying either in an establishment with an alcohol license, nor does it have any law against drinking or being drunk while in possession of a firearm. here in the free world, we only outlaw things that we want to be illegal. we don’t write laws to make things legal. the PA Uniform Firearms Act is here.
http://www.acslpa.org/pa_uniform_firearms_act.htm
note the complete lack of alcohol related laws.

]]> By: Aaron http://www.wallsofthecity.net/2009/11/in_search_of_information.html/comment-page-1#comment-3866 Aaron Tue, 24 Nov 2009 15:56:00 +0000 http://www.wallsofthecity.net/?p=2251#comment-3866 I can dig up cites later, but in WA you can carry in any establishment or portion thereof that isn't age-restricted due to alcohol sales. So you can carry in Denny's, as long as you don't go into the lounge. As far as alcohol consumption, I've been TOLD that it's the same legal limit as for driving (0.08), but I don't drink when I carry so I've never bothered to look it up. I can dig up cites later, but in WA you can carry in any establishment or portion thereof that isn’t age-restricted due to alcohol sales. So you can carry in Denny’s, as long as you don’t go into the lounge.
As far as alcohol consumption, I’ve been TOLD that it’s the same legal limit as for driving (0.08), but I don’t drink when I carry so I’ve never bothered to look it up.

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