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Posted: 8/24/2015 10:44:41 AM EDT
[#1]
Drinking alcohol and guns don't mix, IMO.
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Posted: 8/24/2015 11:03:04 AM EDT
[#2]
Quoted:
... This is not a question of one's opinion on the matter, just a question about the law in New York state .... |
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Posted: 8/24/2015 11:18:11 AM EDT
[#3]
Quoted:
I am trying to locate the law on the issue of drinking and carrying in New York State. It is my understanding that one may carry concealed in an establishment that serves alcohol, unless posted prohibited. But what about consuming alcohol and carrying in general? What is the law regarding carry and use of a firearm in self defense after having been drinking, either above or below the legal limit for driving, either in one's home or out? I believe there is no clear statutorial prohibition in New York state. This is not a question of one's opinion on the matter, just a question about the law in New York state. I will continue my research, and thank all in advance. There is no restriction in the Penal Law on carrying in places that serve alcohol unlike a lot of other States. There is likewise no express prohibition against imbibing alcoholic beverages while engaging in the lawful act of carrying concealed under a validly issued pistol permit. That being said, I know of no issuing Judge who would not revoke your permit for general asshattery involving drunkenness while in possession of a firearm. It goes to your ability to appreciate the serious responsibility involved with carrying a concealed firearm. If the Judge does not think you can act like a responsible adult your license to carry could be revoked and Appellate Courts generally go along with the Judge's decision in these type of cases. |
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Posted: 8/24/2015 11:24:23 AM EDT
[#4]
If you use your gun in self defense and they find alcohol in your system... pepper your angus.
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Posted: 8/24/2015 11:29:30 AM EDT
[#5]
Quote HistoryQuoted:
If you use your gun in self defense and they find alcohol in your system... pepper your angus. That is a valid concern as well. |
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Posted: 8/24/2015 11:41:44 AM EDT
[#6]
Quote HistoryQuoted:
There is no restriction in the Penal Law on carrying in places that serve alcohol unlike a lot of other States. There is likewise no express prohibition against imbibing alcoholic beverages while engaging in the lawful act of carrying concealed under a validly issued pistol permit. Quote HistoryQuoted:
Quoted:
I am trying to locate the law on the issue of drinking and carrying in New York State. It is my understanding that one may carry concealed in an establishment that serves alcohol, unless posted prohibited. But what about consuming alcohol and carrying in general? What is the law regarding carry and use of a firearm in self defense after having been drinking, either above or below the legal limit for driving, either in one's home or out? I believe there is no clear statutorial prohibition in New York state. This is not a question of one's opinion on the matter, just a question about the law in New York state. I will continue my research, and thank all in advance. There is no restriction in the Penal Law on carrying in places that serve alcohol unlike a lot of other States. There is likewise no express prohibition against imbibing alcoholic beverages while engaging in the lawful act of carrying concealed under a validly issued pistol permit. That being said, I know of no issuing Judge who would not revoke your permit for general asshattery involving drunkenness while in possession of a firearm. It goes to your ability to appreciate the serious responsibility involved with carrying a concealed firearm. If the Judge does not think you can act like a responsible adult your license to carry could be revoked and Appellate Courts generally go along with the Judge's decision in these type of cases.
Thanks for the post, this is helpful and now leads me to consider the issue of use of a firearm in self defense in the home if above or below the driving BAC prohibition... |
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Posted: 8/24/2015 3:07:29 PM EDT
[#7]
Guy I work with had hunters trespasses on his property. They were also drinking. Game warden through them out and made them pick up their beer cans. The guy I work with asked why they weren't being arrested for drinking while hunting and the game warden said there was no law on the books.
I would assume ccw is similar. Me personally, I leave it at home. |
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Posted: 8/24/2015 4:16:37 PM EDT
[#8]
Quote HistoryQuoted:
[ Thanks for the post, this is helpful and now leads me to consider the issue of use of a firearm in self defense in the home if above or below the driving BAC prohibition... Self defense in the home is treated differently under the law than in public. I doubt without extenuating circumstances that a Grand Jury would true bill an otherwise good shoot "in your home" because you had a drink or two. Outside the home where bystanders could be at risk if your judgment was impaired is a whole different question. When in doubt retreat is the best option. |
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Posted: 8/24/2015 6:50:53 PM EDT
[#9]
I saw a Buffalo law once that basically mirrored the DWI limit of the time, carrying with a BAC over .1 was illegal. I don't remember the penalty
I've never seen a NYS level law on it edit: http://www.nysrpa.org/wp-content/uploads/2010/04/chapter180-buffalo.pdf page 3 talks about it |
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Posted: 8/24/2015 7:06:40 PM EDT
[#10]
Quote HistoryQuoted:
... This is not a question of one's opinion on the matter, just a question about the law in New York state .... Quote HistoryQuoted:
... This is not a question of one's opinion on the matter, just a question about the law in New York state .... Quoted:
Drinking alcohol and guns don't mix, IMO. |
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Posted: 8/24/2015 8:52:37 PM EDT
[#11]
for what it is worth.. I regularly carry when me and my wife or other family members go out to dinner.. (Newburgh is a popular dinner spot, but also known for not being the safest town)... I also tend to have A (singular) *1* drink when I go out to dinner.. My feeling is that if you cant handle a single drink you should not be around firearms and alcohol at the same time...
Me.. I can say that 1 beer is not going to impair my judgement to the point where if I god forbid had to use my firearm in self defense, that it should become a legal issue... now the D.A. may very well disagree, but a B.A.C. of such a low level should be fairly easy to defend against in court... Now if I am going out with the guys and we are going to tie one on... Then well the firearm gets left at home, due to the fact that general ass-hattery can (and has) occured when you get 3 or 4 of us together.. so it is better to not have a chance to introduce a firearm into that situation.. **Not to be considered legal advice, just my personal experiences** |
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Posted: 8/25/2015 11:12:48 AM EDT
[#12]
Quote HistoryQuoted:
Guy I work with had hunters trespasses on his property. They were also drinking. Game warden through them out and made them pick up their beer cans. The guy I work with asked why they weren't being arrested for drinking while hunting and the game warden said there was no law on the books. There is "hunting while intoxicated" in the Environmental Conservation Law 11-1203. |
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Posted: 8/25/2015 1:42:45 PM EDT
[#13]
I thought there was a Supreme Court ruling (US not NY) that basically said that even though you might be intox you still have the right to self protection.
Thought it was something very similar to what the OP is asking. I heard or read about it 5-7 years ago. Not a lawyer and don't know where to look it up. |
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Posted: 8/25/2015 3:11:39 PM EDT
[#14]
I read this thing called 2A that says "shall not be infringed." That includes bars, etc.
If the government wants to restrict something, restrict alcohol. Issue alcohol licenses, ban it, whatever. Alcohol is not a right. By the 2A, the government can ban alcohol from gunclubs, but they cannot ban guns from bars. They could restrict the right to consume alcohol while carrying, but not the right to carry while consuming alcohol. Anything that violates the 2A is itself illegal. You have the right to self defense even if you're so bombed you can't stand; you also have the responsibility to suffer the consequence if your condition clouds your judgment or aim. |
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Posted: 8/25/2015 3:37:47 PM EDT
[#15]
There is no state law which prohibits carrying a gun while or after having consumed alcohol.
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Posted: 8/25/2015 6:33:47 PM EDT
[#16]
There is such a thing as drinking responsibly. I am against those that think one drop equals no carry. That is a liberal way of thinking in my book.
If I go to dinner and have 3 or 4 drinks at the bar why shouldn't I be allowed to carry if I still have my wits about me? Does my 2A right end with alcohol? I think not. Last I heard alcohol does not trump the constitution. Does my 1A right end with alcohol? I have been at a bar where 3 or 4 drinks were had and then I went home. I don't go out to get shitfaced. I'm too old for that. |
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Posted: 8/25/2015 7:54:56 PM EDT
[#17]
Quote HistoryQuoted:
There is "hunting while intoxicated" in the Environmental Conservation Law 11-1203. Quote HistoryQuoted:
Quoted:
Guy I work with had hunters trespasses on his property. They were also drinking. Game warden through them out and made them pick up their beer cans. The guy I work with asked why they weren't being arrested for drinking while hunting and the game warden said there was no law on the books. There is "hunting while intoxicated" in the Environmental Conservation Law 11-1203. Intoxicated is it. .1 bac so its higher than the legal driving limit. Seems weird to me. http://law.justia.com/codes/new-york/2014/env/article-11/title-12/11-1201 |
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Posted: 8/25/2015 11:07:43 PM EDT
[#18]
Quote HistoryQuoted:
Intoxicated is it. .1 bac so its higher than the legal driving limit. Seems weird to me. http://law.justia.com/codes/new-york/2014/env/article-11/title-12/11-1201 Quote HistoryQuoted:
Quoted:
Quoted:
Guy I work with had hunters trespasses on his property. They were also drinking. Game warden through them out and made them pick up their beer cans. The guy I work with asked why they weren't being arrested for drinking while hunting and the game warden said there was no law on the books. There is "hunting while intoxicated" in the Environmental Conservation Law 11-1203. Intoxicated is it. .1 bac so its higher than the legal driving limit. Seems weird to me. http://law.justia.com/codes/new-york/2014/env/article-11/title-12/11-1201 Many states had .10 or even .12 BAC as the legal limit for intoxication. The Feds forced states to adopt .08 BAC as the standard for DWI/DUI or loose federal funding for roads. |
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Posted: 8/26/2015 9:10:56 AM EDT
[#19]
No NY laws on the books about carrying and consuming alcohol. With that said, I know two people personally that were pulled over at a DWI check point and blew UNDER the limit and not charged with DWI, but did have their permit suspended by Nassau PD because they were carrying at the time. So not drunk by legal terms, but still had their permit yanked for 6 months and just under a year respectively.
So keep in mind, they can pull that permit if they want to, even if no crime has been committed, and the cost for a lawyer to get it back could be far more than most people can afford. |
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Posted: 8/26/2015 11:25:20 AM EDT
[#20]
Quote HistoryQuoted:
Intoxicated is it. .1 bac so its higher than the legal driving limit. Seems weird to me. http://law.justia.com/codes/new-york/2014/env/article-11/title-12/11-1201 Quote HistoryQuoted:
Quoted:
Quoted:
Guy I work with had hunters trespasses on his property. They were also drinking. Game warden through them out and made them pick up their beer cans. The guy I work with asked why they weren't being arrested for drinking while hunting and the game warden said there was no law on the books. There is "hunting while intoxicated" in the Environmental Conservation Law 11-1203. Intoxicated is it. .1 bac so its higher than the legal driving limit. Seems weird to me. http://law.justia.com/codes/new-york/2014/env/article-11/title-12/11-1201 Do not forget sub 2 of that law, which covers hunting while "creating unreasonable risk of injury" due to being "impaired by consumption of alcohol or use of a drug." There is no BAC limit on that, but you have to be behaving like a dumbass to meet the unreasonable risk of injury part of it. |
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Posted: 8/26/2015 11:36:43 AM EDT
[#21]
Quote HistoryQuoted:
No NY laws on the books about carrying and consuming alcohol. With that said, I know two people personally that were pulled over at a DWI check point and blew UNDER the limit and not charged with DWI, but did have their permit suspended by Nassau PD because they were carrying at the time. So not drunk by legal terms, but still had their permit yanked for 6 months and just under a year respectively. So keep in mind, they can pull that permit if they want to, even if no crime has been committed, and the cost for a lawyer to get it back could be far more than most people can afford. That dovetails right into my original response to the OP. You may not get charged with a crime but you can lose your carry privileges particularly Downstate where the Judges love to revoke permits for trivial offenses. 
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Posted: 8/26/2015 12:08:00 PM EDT
[#22]
Quote HistoryQuoted: That dovetails right into my original response to the OP. You may not get charged with a crime but you can lose your carry privileges particularly Downstate where the Judges love to revoke permits for trivial offenses. Quote HistoryQuoted: Quoted: No NY laws on the books about carrying and consuming alcohol. With that said, I know two people personally that were pulled over at a DWI check point and blew UNDER the limit and not charged with DWI, but did have their permit suspended by Nassau PD because they were carrying at the time. So not drunk by legal terms, but still had their permit yanked for 6 months and just under a year respectively. So keep in mind, they can pull that permit if they want to, even if no crime has been committed, and the cost for a lawyer to get it back could be far more than most people can afford. That dovetails right into my original response to the OP. You may not get charged with a crime but you can lose your carry privileges particularly Downstate where the Judges love to revoke permits for trivial offenses. |
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Posted: 8/26/2015 2:00:10 PM EDT
[#23]
I've done both. But I don't drink enough to get stupid while carrying. I generally stop, or really slow down, once I'm at that "warm fuzzy" stage where I can still do my job. I'm usually more worried about making sure it stays concealed than anything else.
Oh, and I usually keep my drinking to mostly on-the-job, anyway, where my rights are further restricted to consuming products that kill more people than my firearms ever will. |
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Posted: 8/27/2015 12:31:56 PM EDT
[#24]
Cops can carry guns while drunk. They have special magic cop blood that is sanctified by the state and makes them immune to poor decisions while intoxicated. This is a physiological transformation that is triggered by a swearing an oath to defend the constitution as it is interpreted by whatever politician decides to get some law passed.
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Posted: 8/27/2015 1:53:28 PM EDT
[#25]
Quote HistoryQuoted:
Cops can carry guns while drunk. They have special magic cop blood that is sanctified by the state and makes them immune to poor decisions while intoxicated. This is a physiological transformation that is triggered by a swearing an oath to defend the constitution as it is interpreted by whatever politician decides to get some law passed. Your magically ability to turn any topic into one against cops is impressive. |
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Posted: 8/27/2015 5:13:40 PM EDT
[#26]
IMHO if you can't handle a gun drunk you probably suck sober as well. I've definitely duck hunted a few days over the limit from the night before. Allegedly.
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Posted: 8/27/2015 5:59:49 PM EDT
[#27]
Quote HistoryQuoted:
Your magically ability to turn any topic into one against cops is impressive. Quote HistoryQuoted:
Quoted:
Cops can carry guns while drunk. They have special magic cop blood that is sanctified by the state and makes them immune to poor decisions while intoxicated. This is a physiological transformation that is triggered by a swearing an oath to defend the constitution as it is interpreted by whatever politician decides to get some law passed. Your magically ability to turn any topic into one against cops is impressive. Thanks! But this is a gun/gun rights forum. And we live in a state in which the cops are the agents of those who oppress our gun rights, and they enjoy all those rights stripped from us and more. As for *this* topic, do you know how many drunk, armed cops I've seen being loud in bars? Go ahead, get into a heated argument with one. After he murders you, they will probably decide not to press charges, as has happened on countless occasions. Even when the cop was retired. And even when the cop was not a cop but a retired corrections officer. |
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Posted: 8/27/2015 7:44:02 PM EDT
[#28]
Quote HistoryQuoted:
Thanks! But this is a gun/gun rights forum. And we live in a state in which the cops are the agents of those who oppress our gun rights, and they enjoy all those rights stripped from us and more. As for *this* topic, do you know how many drunk, armed cops I've seen being loud in bars? Go ahead, get into a heated argument with one. After he murders you, they will probably decide not to press charges, as has happened on countless occasions. Even when the cop was retired. And even when the cop was not a cop but a retired corrections officer. Quote HistoryQuoted:
Quoted:
Quoted:
Cops can carry guns while drunk. They have special magic cop blood that is sanctified by the state and makes them immune to poor decisions while intoxicated. This is a physiological transformation that is triggered by a swearing an oath to defend the constitution as it is interpreted by whatever politician decides to get some law passed. Your magically ability to turn any topic into one against cops is impressive. Thanks! But this is a gun/gun rights forum. And we live in a state in which the cops are the agents of those who oppress our gun rights, and they enjoy all those rights stripped from us and more. As for *this* topic, do you know how many drunk, armed cops I've seen being loud in bars? Go ahead, get into a heated argument with one. After he murders you, they will probably decide not to press charges, as has happened on countless occasions. Even when the cop was retired. And even when the cop was not a cop but a retired corrections officer. insert< /please God make it stop.gif/> |
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