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View Diary: Senators close to a deal on background checks for gun buys. Or not (137 comments)

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  •  What about carrying a gun (1+ / 0-)
    Recommended by:
    LilithGardener

    ...while intoxicated? I imagine that would be a felony.



    Denial is a drug.

    by Pluto on Mon Feb 25, 2013 at 10:43:42 AM PST

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    •  It is in some states, unless you are (2+ / 0-)
      Recommended by:
      Pluto, LilithGardener

      defending your home while drunk.

      “liberals are the people who think that cruelty is the worst thing that we do” --Richard Rorty Also, I moved from NYC, so my username is inaccurate.

      by jeff in nyc on Mon Feb 25, 2013 at 10:47:27 AM PST

      [ Parent ]

    •  I don't know and hope some will weigh in (0+ / 0-)

      who does know.

      I know one federal law covers retired law enforcement officers carrying a hand gun.

      They are exempt from some gun regulations but are prohibited from carrying a gun while under the influence, or while 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 - 2004

      by LilithGardener on Mon Feb 25, 2013 at 02:11:56 PM PST

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      •  It varies by state. It also depends on whether (3+ / 0-)
        Recommended by:
        LilithGardener, Pluto, FrankRose

        the person is carrying concealed or openly.  For example, my state, NC, prohibits concealed carry (in public is implied) with any amount of alcohol present, but this restriction does not apply to open carry.  Other states have limits similar to DUI, typically 0.08% and others prohibit alcohol consumption while carrying outside of the home all together.  

        This is an example of what makes regulation difficult; it is a combination of state and federal law and sometimes with local laws thrown in the mix.  The federal govt also recognizes that much of the authority should go to the states which is in part why they are reticent to enact laws.

        Generally, most people do not believe in and will not carry while intoxicated.  Some still will and have been prosecuted for doing so.  There was a case about an Ohio politician not too long ago as an example.  

        •  Thank you Noway2 (0+ / 0-)

          I think there are some things we can do at the state level to make things safer, even if efforts at the Federal level fail.

          I imagine some states have tightened the alcohol part of their laws even if they have opened rights for concealed carry.

          One of my concerns is that selective enforcement, already a problem with current laws, creates another layer of opportunity for feeding people into the private prison system based on race, ethnicity, or economic status.

          "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 - 2004

          by LilithGardener on Mon Feb 25, 2013 at 02:30:47 PM PST

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    •  Here's a link to the recent discussion about (1+ / 0-)
      Recommended by:
      Pluto

      two authoritative sources.

      My current understanding is that the patchwork of state laws are so variable and Federal Law so opaque that there are a lot of assumptions made by both RKBA advocates and gun safety advocates that seem "obviously true" but are in fact, not at all true.

      I hope our current outrage and anguish will shine a light on

      http://www.dailykos.com/...

      "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 - 2004

      by LilithGardener on Mon Feb 25, 2013 at 02:21:17 PM PST

      [ Parent ]

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