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  •  Only twenty states (2+ / 0-)
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    LilithGardener, happy camper

    Which surprises me, because I would have hoped all fifty had a law prohibiting use of a firearm while under the influence. That is a gun restriction I would gladly support.

    Anyway, here is a link to the article "A Review of Legislation Restricting the Intersection of Firearms and Alcohol in the U.S.," Public Health Rep. 2010 Sep-Oct; 125(5): 674–679.

    These two charts summarize the laws and which states have them:
    http://www.ncbi.nlm.nih.gov/...
    http://www.ncbi.nlm.nih.gov/...

    •  Actually 26 states (from the text) (0+ / 0-)

      I noticed figure 1 is limited to "acute" intoxication, and that figure 3 covers "habitual" alcohol use.

      https://www.ncbi.nlm.nih.gov/...

      It's interesting that we've been studying alcohol related injuries for an entire century and know a lot about reducing deaths from drunk driving, yet have done little research on alcohol use and shootings (see bolded text below).

      Results

      We found three types of laws in 26 states that restrict firearm use by intoxicated people: sales or transfers are restricted in six states, carrying of concealed weapons is restricted in four states, and possession or discharge of a firearm while intoxicated is restricted in 20 states.

      Injury is the leading cause of alcohol-related death in the United States, and alcohol is the leading risk factor for injury.1,2 Owing to the considerable presence of alcohol in injury events of all types, alcohol's relationship to injury has been the subject of modern scientific investigation for an entire century.3–7 Roughly one-quarter of the alcohol-related injury deaths in the U.S. each year are due to motor vehicle crashes.8 As a result, the great majority of the research dedicated to understanding alcohol's relationship to injury has focused on drunk driving. This work has effectively decreased the number of traffic fatalities involving alcohol,9 and the prevention of drinking and driving has been hailed as one of the top 10 U.S. public health achievements of the 20th century by the Centers for Disease Control and Prevention (CDC).10,11 A nearly equal one-fifth of alcohol-related injury deaths are the result of firearm injuries;8 however, little research has focused on alcohol use and shootings.

      No officer, I didn't mean to shoot my girl friend with multiple rounds. Yes, officer I did put the ammo and the magazine in the oven. How was I supposed to know she would use the oven for baking? - ST. PETERSBURG, FL, 2/18/13

      by LilithGardener on Sun Feb 24, 2013 at 03:25:14 AM PST

      [ Parent ]

    •  Search methods and laws cited (2008) (0+ / 0-)

      Even though the study was published in 2010, the study was done back in 2008; probably some of these laws have changed since then.

      One dilemma I find compelling is a clear need for national (or regional) standards and consistent enforcement, yet how diverse the regulations are depending on the state.

      The relative utility of fire arm use and risks of firearm injury for those living on 500 hundred acres in Wyoming or Montana is quite different than those living in 700 square feet in Brooklyn, which is quite different from someone living up in the Adirondacks or on the Canadian border.

      METHODS

      We used Westlaw and LexisNexis to conduct on online search of the criminal codes in existence in all 50 U.S. states and DC as of January 1, 2008. We performed searches using various combinations of the key words alcohol, intoxication, firearm, gun, liquor(s), alcoholic, and bar using methods previously described.23 We also reviewed legal criminal codes of states pertaining to firearms to capture any codes not resulting from the key word search. The search was performed by one of the authors (GP), who has training in advanced legal research and extensive knowledge and experience using these databases. We then compared results with simultaneously performed searches performed by trained legal librarians and Westlaw representatives to ensure that the search strategy was appropriate and that all relevant databases were cross-checked. Any discrepancies were resolved through discussion to obtain consensus.

      What resulted was a database of laws identified in the U.S., arrayed as one law per row. Each law was classified according to the primary intent of the legislation. The assigned categories were (1) prohibition of possession of a loaded firearm in a place where intoxicating liquor is sold for consumption on premises; (2) restriction of sale, transfer, possession, or discharge of a firearm to/by an intoxicated person; and (3) restriction of firearm ownership based on habitual alcohol use.

      The laws cited in the paper:

      24. 18 U.S.C. § 922(d)(3); (g)(3).
      25. 21 U.S.C. § 802(6).
      26. See generally Ala Code § 13A-11-50 (2004).
      27. See generally Alaska Stat § 11.61.190 et seq (2009); 18.65.700 et seq (2009).
      28. See generally Ariz Stat. § 13-905 et seq (2009); § 13-3101 (2010).
      29. See generally Ark Stat Ann § 5-73-101 et seq (2010); 5-73-201 et seq (2010). 30. See generally California Penal Code § 12000 et seq (2010); Cal WeIf & Inst Code § 8100 et seq (2009).
      31. See generally Col Revised Stat § 12-26.1-101 (2002); 18-12-101 et seq (2010); 24-33.5-424 (2008).
      32. See generally Conn Gen Stat § 29-27 (2010) et seq; 53-202 et seq (2010); 53a-211 et seq (2010).
      33. See generally Del Code § 11-1441 (2007) et seq; 24-901 et seq (2010).
      34. See generally Fla Stat § 790.001 et seq (2010).
      35. See generally Ga Code Ann § 16-11-101.1 et seq (2009); 16-11-171 (2009); 16-11-172 (2005); 35-3-34 (2006).
      36. See generally Haw Rev Stat § 134-1 et seq (2009).
      37. See generally Idaho Code § 18-310 (2010); 18-3302 et seq (2006).
      38. See generally Ill Rev Stat 430:65/0.01 et seq (2006); 720:5/24-1 et seq (2009).
      39. See generally Ind Code Ann § 35- et seq (2010).
      40. See generally Iowa Code § 702.7 (2008); 724.1 et seq (2010).
      41. See generally Kansas Stat Ann § 21-4201 et seq (2009).
      42. See generally Ky Rev Stat Ann § 237.060 et seq (2009); 431.064 (2007); 527.010 et seq (1994).
      43. See generally La Rev Stat Ann § 14:35.3, 91, 95 et seq (2009); 40:1379.3, 1751 et seq (2008).
      44. See generally Me Rev Stat Ann title 15 § 393 (2007).
      45. See generally Md Code Crim Law § 4 (2010); Public Safety § = (2010).
      46. See generally Mass Gen Laws 140 § 121 et seq (2004).
      47. See generally Mich Comp Laws Ann 3.111 et seq (2004); § 28.421 et seq (2008); 750.222 et seq (2001).
      48. See generally Minn Stat § 609.165 (2003); 609.66 et seq (2005); 624.71 et seq (1969).
      49. See generally Miss Code Ann 45-9-101 (2009); 97-37-1 et seq (2007).
      50. See generally Mo Rev Stat § 407.500, 505 (2008); 571.010 et seq (2008).
      51. See generally Mont Code Ann § 45-8-301 et seq (2009); 46-18-801 (1997).
      52. See generally Neb Rev Stat § 28-1201 et seq (2009); 69-2401 et seq (2009).
      53. See generally Nev Rev Stat § 202.253 et seq (2005).
      54. See generally NH Rev Stat Ann § 159-D et seq (1999).
      55. See generally NJ Rev Stat § 2C:39-1 et seq (2002); 2C:58-1 et seq (1979).
      56. See generally NM Stat Ann § et seq (2010).
      57. See generally NY Crim Proc Law § 265.00 (2004) and 400.00; Gen Bus Law Art 39-DD.
      58. See generally NC Gen Stat § 14-269.7 et seq (1994); 14-402 et seq (2009).
      59. See generally ND Cent Code § 62.1-01 et seq (2004).
      60. See generally Ohio Rev Code § 2923.11 et seq (2008).
      61. See generally Okla Stat 21 § 1271.1 et seq (19944).
      62. See generally Or Rev Stat § 166.170 et seq (2009).
      63. See generally Pa Cons Stat 18§ 6101 et seq (1995).
      64. See generally RI Gen Laws § 8-8.1-3 (2005); 11-47-1 et seq (2009).
      65. See generally SC Code Ann § 16-23-10 et seq (2004); 23-31-10 et seq (1971).
      66. See generally SD Codified Laws § 23-7 et seq (2009).
      67. See generally Tenn Code Ann § 39-17-1301 et seq (2009).
      68. See generally Tex Penal Code § 30.06; 42.12; 46.01 et seq (2003).
      68. See generally Utah Code Ann § 53-5-702 et seq (2005); 76-10-501 et seq (2001).
      70. See generally Vt Stat Ann § 13-4003 et seq (2009).
      71. See generally Va Code Ann § 18.2-279 et seq (2005); 54.1-4201.1 (2005).
      72. See generally Wash Rev Code § 9.41.010 et seq (2009).
      73. See generally W Va Code § et seq (2002).
      74. See generally Wis Stat § 175.30 et seq (2009); 175.35 (2009); 941.20 et seq (2008).
      75. See generally Wyo Stat § 6-8-101 et seq (1983).
      76. District of Columbia v Heller, 554 U.S._128 S. Ct. 2783 (2008).

      No officer, I didn't mean to shoot my girl friend with multiple rounds. Yes, officer I did put the ammo and the magazine in the oven. How was I supposed to know she would use the oven for baking? - ST. PETERSBURG, FL, 2/18/13

      by LilithGardener on Sun Feb 24, 2013 at 03:49:32 AM PST

      [ Parent ]

      •  I would have (3+ / 0-)

        thought more states would have laws addressing this. A number of states have liberalized their concealed carry laws since 2008, and I would suspect that at least some of those states included restrictions on alcohol use while carrying in their revised laws.

        It should be illegal everywhere to use/carry a gun while intoxicated.  

        "A lie is not the other side of a story; it's just a lie."

        by happy camper on Sun Feb 24, 2013 at 07:04:56 AM PST

        [ Parent ]

        •  There are citations in the list with 2010 dates (1+ / 0-)
          Recommended by:
          happy camper

          but nothing since then. It looks like they updated their list before publication, but much has changed since 2010.

          Does the RKBA group here keep any kind of central diary with links to laws, organized by state, that can be updated as laws change around the country?

          No officer, I didn't mean to shoot my girl friend with multiple rounds. Yes, officer I did put the ammo and the magazine in the oven. How was I supposed to know she would use the oven for baking? - ST. PETERSBURG, FL, 2/18/13

          by LilithGardener on Sun Feb 24, 2013 at 07:58:27 AM PST

          [ Parent ]

          •  No (1+ / 0-)
            Recommended by:
            LilithGardener

            but that's not a bad idea. I know some members have extensive lists of links to pertinent information. I'll bring it up.

            "A lie is not the other side of a story; it's just a lie."

            by happy camper on Sun Feb 24, 2013 at 09:56:40 AM PST

            [ Parent ]

            •  Efficient way to sort out posters (1+ / 0-)
              Recommended by:
              happy camper

              who want to consider facts, without any digest.

              If someone is having a snit, proposing legal theories that don't exist, or an absence of restrictions that do exist, any one can direct that person to the actual current law for their state, and invite them to come back with any questions.

              That will sort out those who are sincere from others in a hurry.

              There are plenty of people who want to understand but don't know where to start, or find the whole system so loaded with jargon they give up before they get very far.

              And maybe you guys can take turns hosting some guided tutorials, such as - "On Monday evening RKBA member so-and-so will host a discussion of current firearms law in the Pacific NorthWest and cover some of the unique or challenging issues in each state, and help noobs understand a little about why local regs are what they are, and how they interface with Federal Law.

              No officer, I didn't mean to shoot my girl friend with multiple rounds. Yes, officer I did put the ammo and the magazine in the oven. How was I supposed to know she would use the oven for baking? - ST. PETERSBURG, FL, 2/18/13

              by LilithGardener on Sun Feb 24, 2013 at 11:04:01 AM PST

              [ Parent ]

          •  You can start here: (1+ / 0-)
            Recommended by:
            LilithGardener

            www.handgunlaw.us

            It also links directly to the state Statutes.

            Your hate-mail will be graded.

            by PavePusher on Tue Feb 26, 2013 at 06:58:58 PM PST

            [ Parent ]

            •  That's only hand guns right? (1+ / 0-)
              Recommended by:
              PavePusher

              I did look briefly and saw that under Federal law, if I understand correctly, retired LEOs are prohibited from carrying while under the influence or intoxicated.

              "They did not succeed in taking away our voice" - Angelique Kidjo - Opening the Lightning In a Bottle concert at Radio City Music Hall in New York City - 2003

              by LilithGardener on Tue Feb 26, 2013 at 08:14:39 PM PST

              [ Parent ]

      •  Federal law (2+ / 0-)
        Recommended by:
        LilithGardener, theatre goon

        allows a retired LEO to carry a concealed weapon, regardless of state law, but specifically prohibits it while intoxicated. I have yet to find anything addressing this wrt civilians.

        Odd...

        http://www.handgunlaw.us/...

        Search the doc for "alcohol".

        "A lie is not the other side of a story; it's just a lie."

        by happy camper on Sun Feb 24, 2013 at 07:17:10 AM PST

        [ Parent ]

        •  Yeah, I only see it twice, but it also prohibits (1+ / 0-)
          Recommended by:
          happy camper

          under the influence, not just intoxication.

          No officer, I didn't mean to shoot my girl friend with multiple rounds. Yes, officer I did put the ammo and the magazine in the oven. How was I supposed to know she would use the oven for baking? - ST. PETERSBURG, FL, 2/18/13

          by LilithGardener on Sun Feb 24, 2013 at 08:08:40 AM PST

          [ Parent ]

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