Posted: 11/12/2009 6:19:14 AM EDT
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Well, no, not really.
Say me and the special lady-friend are going on a weekend trip with some friends, and staying in a hotel. Say we would all be drinking. Say I don't want to leave the G19 in the hotel room for some maid or maintenence guy to steal. What if I carried the gun, completely unloaded, no ammo on my person, while drinking? Morally, I have NO problems with this...But in the eyes of the law, I think I am still "carrying a firearm while intoxicated." Any thoughts? |
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I'm sure someone with some knowledge on this will chime in sometime soon.
Now keep in mind that this was a gun shop story 
About 18 years ago I purchased used a Colt 1911 commander model from a shop that used to be called The Pistol Pallor in Rensselaer NY, now closed. The owner told me that the Colt came from a guy that was charged with a DUI, and he was CCW-ing, and lost his permit, and all his pistols. He showed me a S&W 357 that was also one of the guy's pistols. For now though I would take this with a grain of salt, because of the gun shop factor. I have heard here from some LEO's on the site that if the officer want's to, he can contact the issuing judge, and make them aware of the fact that you were carrying wile intoxicated. There are some pretty knowledgeable LEO's here will will know what exactly would happen to you. Just thought I would answer your post to get it started. Hope this help's |
| NYS currently has no law on carrying while intoxicated (CWI). If you are arrested for DUI while carrying, it's a pretty sure bet that the judge who issued your pistol license is going to get notified. Firearms and alcohol don't mix, so be prepared to loose your pistol license until you can convince the judge that your judgement is sound. |
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Quoted:
Well, no, not really. Say me and the special lady-friend are going on a weekend trip with some friends, and staying in a hotel. Say we would all be drinking. Say I don't want to leave the G19 in the hotel room for some maid or maintenence guy to steal. What if I carried the gun, completely unloaded, no ammo on my person, while drinking? Morally, I have NO problems with this...But in the eyes of the law, I think I am still "carrying a firearm while intoxicated." Any thoughts? Thoughts? Here is mine - go for it and don't think twice. I mean what could happen??? I'm certain that any LEO would be very understanding this day in age if you were drunk and carrying loaded or not. If he is not, surely any NYS judge would chastize the arresting officer for hassling you and let you walk and if that doesn't work, a jury of your peers will exonerate you right quick. . Strap on and
drink up pardner, sounds like an awesome plan.
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Quoted:
I'm sure someone with some knowledge on this will chime in sometime soon. Now keep in mind that this was a gun shop story
About 18 years ago I purchased used a Colt 1911 commander model from a shop that used to be called The Pistol Pallor in Rensselaer NY, now closed. The owner told me that the Colt came from a guy that was charged with a DUI, and he was CCW-ing, and lost his permit, and all his pistols. He showed me a S&W 357 that was also one of the guy's pistols. For now though I would take this with a grain of salt, because of the gun shop factor. I have heard here from some LEO's on the site that if the officer want's to, he can contact the issuing judge, and make them aware of the fact that you were carrying wile intoxicated. There are some pretty knowledgeable LEO's here will will know what exactly would happen to you. Just thought I would answer your post to get it started. Hope this help's If you ever talk to Willie of Willie's, down the road from Rensselaer NY, he got his FFL so that he could make a living going to to the police station, and buying these guns. |
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Assuming I put myself in that predicament...an idea might be to hide the receiver in the hotel room...and take just the slide with you out.
At least that makes the gun inoperable...and less attractive to steal. And I don't think a LEO would hassle you for possesion of a slide...especially if you explained the situation to him. Although...I think it would be best just to avoid that whole situation. |
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I know of an aquaintance who got a DWI. Within a couple days of being convicted, the county sherriff showed up at his house in the albany, NY area and took his 9mm pistol away from him. Total confiscation.
They knocked on the door, he answered, they said, "we have you on file as owning a 9mm pistol, we are here to confiscate it from you." He obliged. I dunno what happened afterwards. |
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But for the sake of discussion, for those states with formal, clear cut carry laws, would carrying an UNloaded gun while intoxicated be legal?
People are allowed to play pool in a bar...a pool stick is much more deadly than a small hunk of metal. But I totally agree that a NY state cop or judge would not like an intoxicated person carrying ANY gun...if they found out. But I wouldn't be drinking enough either way to attract the attention of the law. I am not an irresponsible person at all. But yes...I will be avoiding the situation...I don't actually plan on carrying if I am drinking, unloaded or not. |
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Never said it was a "good" idea...did I?
I just wanted to discuss the legalities of doing so under NYS law...because I am fascinated by the pure stupidity of NYS gun laws in the first place. On a side note...how about the NYS law that says it's a felony to even TOUCH a handgun without a NYS permit? What on earth would make NYS think THAT is a good idea? |
| Although most of the responses about this being a bad idea are spot on, I have seen more than my fair share of PO's riding the train home on St Patty's Day blitzed out of their minds. Some to the point of passing out and requiring the conductor to ask another officer to watch the passed out one, as they had their full gunbelt on, passed out, on a full train. So it appears that stupidity knows no bounds, and anyone carrying while out drinking is a bad idea, and can't lead to anything good. |
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On a side note...how about the NYS law that says it's a felony to even TOUCH a handgun without a NYS permit? What on earth would make NYS think THAT is a good idea? So this is true? I've been meaning to ask here, about that. If that's true, that's the gayest shit I've ever heard. I wonder if I go into Gander Mountain, and ask to handle some handguns (do they even let you there?).....would they ask for my permit first? 
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A gun is a gun, it doesn't matter if it's loaded or not it's still a gun.
So that thought of not having it loaded while you drink just doesn't work. While New York unlike other states does not make mention of carrying while drinking it's not wise or prudent to do so. In this day in age when "Gun Grabbers" are looking for an excuse ban Mr. John Q Public from having guns you would not be doing the rest of us any favors. Carry or drink all you want, just not at the same time. |
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Quoted: On a side note...how about the NYS law that says it's a felony to even TOUCH a handgun without a NYS permit? What on earth would make NYS think THAT is a good idea? Contrary to popular belief it's still only a misdemeanor to posess an unlicensed/unregistered loaded handgun in your residence or place of business or a unloaded handgun anywhere else. If you are between the ages of 14-20 years old you don't need a pistol license to shoot a handgun at a range under the supervision of an instructor or other pistol licensee. Now, simple possession of a +10 magazine manufacted after 09-13-1994 is a violent felony offense in NYS. |
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I know of an aquaintance who got a DWI. Within a couple days of being convicted, the county sherriff showed up at his house in the albany, NY area and took his 9mm pistol away from him. Total confiscation. They knocked on the door, he answered, they said, "we have you on file as owning a 9mm pistol, we are here to confiscate it from you." He obliged. I dunno what happened afterwards. Not condoning Drinking/Driving/Carrying - but here in PA it is LEGAL to carry in bars. Seems not to cause many problems in my area. 
IMHO If you carry OR drive while drunk you deserve some Extremely stiff punishment. 
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But for the sake of discussion, for those states with formal, clear cut carry laws, would carrying an UNloaded gun while intoxicated be legal? People are allowed to play pool in a bar...a pool stick is much more deadly than a small hunk of metal. But I totally agree that a NY state cop or judge would not like an intoxicated person carrying ANY gun...if they found out. But I wouldn't be drinking enough either way to attract the attention of the law. I am not an irresponsible person at all. But yes...I will be avoiding the situation...I don't actually plan on carrying if I am drinking, unloaded or not. Loaded or unloaded, it would be perfectly legal. Think on this: If you wave a loaded, unloaded, dummy, fake, real, toy gun at a cop in a menacing fashion...will you or won't you get shot? So what does it matter if the gun is unloaded? If you got drunk, and were staggering around, and someone saw it, and called the cops, would they care? I would not care. Your issuing judge would not care. Drinks and guns are a stupid mix. /ml |
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On a side note...how about the NYS law that says it's a felony to even TOUCH a handgun without a NYS permit? What on earth would make NYS think THAT is a good idea? Contrary to popular belief it's still only a misdemeanor to posess an unlicensed/unregistered loaded handgun in your residence or place of business or a unloaded handgun anywhere else. If you are between the ages of 14-20 years old you don't need a pistol license to shoot a handgun at a range under the supervision of an instructor or other pistol licensee. Now, simple possession of a +10 magazine manufacted after 09-13-1994 is a violent felony offense in NYS. Does this mean my two 12 yr old kids can not shoot my handgun on private property? |
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On a side note...how about the NYS law that says it's a felony to even TOUCH a handgun without a NYS permit? What on earth would make NYS think THAT is a good idea? So this is true? I've been meaning to ask here, about that. If that's true, that's the gayest shit I've ever heard. I wonder if I go into Gander Mountain, and ask to handle some handguns (do they even let you there?).....would they ask for my permit first? Of course it's true. Any gunshop I've been to in NYS asks to see your permit before letting you handle a handgun. This surprises you? This is NY! 
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I know of an aquaintance who got a DWI. Within a couple days of being convicted, the county sherriff showed up at his house in the albany, NY area and took his 9mm pistol away from him. Total confiscation. They knocked on the door, he answered, they said, "we have you on file as owning a 9mm pistol, we are here to confiscate it from you." He obliged. I dunno what happened afterwards. Not condoning Drinking/Driving/Carrying - but here in PA it is LEGAL to carry in bars. Seems not to cause many problems in my area.
IMHO If you carry OR drive while drunk you deserve some Extremely stiff punishment.
It is LEGAL to carry in bars in NY too. Anyway, agreed about drinking and carrying an unloaded gun...not a good idea...what if you were to get drunk and some other drunk saw it and grabbed it from you? Thanks for all the input everyone. |
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Assuming I put myself in that predicament...an idea might be to hide the receiver in the hotel room...and take just the slide with you out. At least that makes the gun inoperable...and less attractive to steal. And I don't think a LEO would hassle you for possesion of a slide...especially if you explained the situation to him. Although...I think it would be best just to avoid that whole situation. Try the other way around... a frame and no slide is inoperable and I'm sure if you explained to the judge you would be drinking but didn't want to (1) carry an operable firearm and (2) leave it unsecured in a hotel room he would understand. If the slide and barrel are stolen from the room, who the fuck cares? You don't have to notify anybody. If the frame gets stolen it is no different than if the entire firearm was stolen because the frame IS the firearm. |
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I know of an aquaintance who got a DWI. Within a couple days of being convicted, the county sherriff showed up at his house in the albany, NY area and took his 9mm pistol away from him. Total confiscation. They knocked on the door, he answered, they said, "we have you on file as owning a 9mm pistol, we are here to confiscate it from you." He obliged. I dunno what happened afterwards. In Otsego county they used to keep them for up to 6 months and you were supposed to devise of a way to dispose of them by then (transfer them to a dealer, relative, whatever) If you didn't take care of it by then they claimed they destroyed them. |
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The legislature is working on it.
It will be in the section next to Felonious stupidity and Misdemeanor mopery. On a serious note, if you get collared while carrying either loaded or unloaded you are probably going to lose your permit/guns. Even if you aren't carrying, but have a permit you are probably going to get your permit/guns yanked. Most licensing officers have an "admin restriction/requirement" that if you get collared you have to voluntarily notify them. If you "forget" to and you live in a County where you have to renew your permit, they will catch it come renewal time and yank your permit/gun for failing to voluntarily notifying them. No matter how you slice it if you get arrested and have a permit you are going to lose it whether you get convicted or not. |
This thread makes me  .
Talking about how to best render your CCW weapon unusable because you are afraid to carry it in a condition where you could actually use it ... major what the fuck. Why do you even have a CCW again? Why are you even going to bring it with you? ETA - Either leave the gun at home, or carry it on you, loaded, and don't drink to the level where you put yourself at risk ... any other option is fucking stupid and pointless. Why even bring the gun with you if you're not going to have it with you in an operable condition? You're opening yourself up to potential problems while having ZERO benefit from the gun. Use your head man. It's legal to drink and carry ... so either do that within reason, or leave the gun at home. Doing anything else is illogical. ETA2 - It is perfectly possible to drink and carry responsibly if you take the proper precautions. IMO, those who would claim to the contrary have either never tried it, or they have self control and alcohol issues which dwarf the "problem" of CCW while drinking. It's the same thing as drinking and driving ... there are plenty in the "a drop of alcohol = unable to drive" camp, and that's just fucking ridiculous. |
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No matter how you slice it if you get arrested and have a permit you are going to lose it whether you get convicted or not. That isn't always the case- depends who you are, where you are, and what happened. Remember the guy in Delaware County back in 1997 who was shooting his guns at night and the neighbors complained? State police came out and he was arrested, they found pot etc. Judge ruled that it wasn't legal and returned his pistols, permit, dropped charges etc. I don't think he got his pot back though. He claimed he was shooting at coyotes and IIRC the judge agreed that coyotes were a pain at night... This fellow was wearing a hat and vest made from tin foil, duck tape, and pennies, he had trip wiires with Cans set up all around his house etc. In court he said he was Jewish and the tinfoil hat and best were his prayer hat/vest. The trip wires and alarms all around his house were to detect the coyotes, the pot was "for chronic pain" or something I think. |
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"Morally, I have NO problems with this...But in the eyes of the law, I think I am still "carrying a firearm while intoxicated."
There's your problem right there!
YOU are to be on control of your firearm AT ALL TIMES, meaning if you get tanked you'd be useless at best and DANGEROUS to everyone around you if you had to draw it and use it. Loaded or unloaded you have a moral obligation to have control of your weapon, no excuses. Do you have a vehicle you can mount a safe in???? Why not just leave it home if nothing else???? Quoted:
This thread makes me .
Talking about how to best render your CCW weapon unusable because you are afraid to carry it in a condition where you could actually use it ... major what the fuck. Why do you even have a CCW again? Why are you even going to bring it with you? ETA - Either leave the gun at home, or carry it on you, loaded, and don't drink to the level where you put yourself at risk ... any other option is fucking stupid and pointless. Why even bring the gun with you if you're not going to have it with you in an operable condition? You're opening yourself up to potential problems while having ZERO benefit from the gun. Use your head man. It's legal to drink and carry ... so either do that within reason, or leave the gun at home. Doing anything else is illogical. ETA2 - It is perfectly possible to drink and carry responsibly if you take the proper precautions. IMO, those who would claim to the contrary have either never tried it, or they have self control and alcohol issues which dwarf the "problem" of CCW while drinking. It's the same thing as drinking and driving ... there are plenty in the "a drop of alcohol = unable to drive" camp, and that's just fucking ridiculous. THIS times 1K Only thing to add is why would you want to even consider drinking more than a beer or glass of wine with dinner if carrying? Why would you consider bringing your pistol with you if you don't have a way to secure it? Why do people in general NEED to drink if their friends are drinking???? Ever hear of DESIGNATED DRIVER????????????? |