CCP Question

captain-03 wrote:

speedyrev wrote:Why does it matter what the letter of the law is anyway?

Come on guys -- the poster asked a question .... wants to know what the law reads .... nothing wrong with that ....

I posted the link with the relevant portion of the law....there's really not much to say

Or for example what if you get a dui with a loaded pistol in your truck? Additional charges? Legal or illegal?

PM the member gunaddict. He is a LEO who will have an answer and probably tell you where to find more info.

Thank you speed

Sounds good guys thats what Im lookin for. Thanks

Around here you will get both facts and opinion. So here's mine -

One thing is for sure - if you find yourself (carrying) in a situation where you are tested, and blow over 0.08, you just added to your woes, big time. So it's likely to be that one time where you took a chance (justified it), and something goes down unexpectedly, and WHAM.

So what is everyone saying? If you stop and have a couple of cold ones on the way home, the 2nd amendment no longer applies? Some SOB in the parking lot tries to jack you, you just supposed to say OK, sure, Here's the keys. I don't think so. Having a cocktail or 2 is not illegal the last time I checked. Not talking about being hammered but I will not let someone take my stuff because I have a couple of cold ones. Work too hard for what little I have. Check the constitution, doesn't say anything about alcohol.

The OP was asking for the law which states just where the line is, and I believe it's BA 0.08. I was saying, if you're carrying and drinking, don't just throw caution to the wind. Don't think you'll find a law that defines the gray area; it requires discretion, not the suspension of our freedom as sovereign citizens.

I haven't seen any law that says how much, if any, alcohol you may have consumed before you are no longer allowed to CCW. You could be drunk as a skunk and still legally carry as far as I can tell, but the other laws against DUI or public drunkeness would still apply.

Having said that, I'll say this: a couple of bad things could easily happen when someone gets shot by a drunk CCW carrier.

1. The cops and plaintif's lawyers will try to point to a negligent discharge rather than a justified shooting and charge you with manslaughter. Your burden of proof to walk away with your freedom and money just got a hell of a lot higher.

Mas Ayoob, in his book "In the Gravest Extreme", says "the judugement of a reasonable man" is the standard by which deadly force is allowable. If you are drinking at all you've just given the opposing side ample ammunition to argue your judgement was not reasonable. In fact, he has a section at glocktalk.com under GATE Self-Defense. You could post there and ask how much alcohol would be reasonable before it becomes an issue at trial. My guess is he would say none.

2. The legislature can pass a law that adds a legal limit into the section that defines when you may not legally carry. Now you get CUI (carrying under the influence) in addition to DUI or public drunk. Another charge to fight, another fine to pay, and another reason to revoke your license.

Basically what I'm saying is use common sense since there doesn't appear to be a direct prohibition against drinking and carrying. In all honesty I will have one drink while carrying. I've been around long enough to know my limits. At about .025 BAC per drink at my weight I can have three drinks before going over the .08 limit, but I know I'm buzzed after two and I consider myself impared at that point even if the law doesn't.

msduckslayer asked a legitimate/well quantified question but MS has never set any perimeters on alcohol limit while carrying concealed or otherwise. Louisiana law has a .05 as a cut-off. But anyone should realize that influence is a BIG word in court. Lawyers and jurors use and are swayed by such words and control of one-self is a priority in any situation.
-A permittee may not carry and conceal a handgun while under the influence of alcohol or a controlled dangerous substance (CDS) as defined in R.S. 40:961 and 964. For purposes of the concealed handgun law, a permittee is considered under the influence of alcohol when a blood alcohol reading of .05% or greater by weight of alcohol in the blood is obtained, or a blood or urine test shows any confirmed presence of a CDS-. The preceding is from Louisiana state law and may make it into the wording of MS law someday.
My take is: out in the world be careful and do as you would have others to do while in control of a firearm.

§ 97-37-13. Deadly weapons; weapons and cartridges not to be given to minor or intoxicated person.



It shall not be lawful for any person to sell, give or lend to any minor under eighteen (18) years of age or person intoxicated, knowing him to be a minor under eighteen (18) years of age or in a state of intoxication, any deadly weapon, or other weapon the carrying of which concealed is prohibited, or pistol cartridge; and, on conviction thereof, he shall be punished by a fine not more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail not exceeding one (1) year, or both.



Sources: Codes, 1880, § 2986; 1892, § 1028; 1906, § 1107; Hemingway's 1917, § 833; 1930, § 857; 1942, § 2083; Laws, 1994, ch. 607, § 8, eff from and after July 2, 1994.

http://www.michie.com/mississippi/lpext.dll?f=templates&fn=main-h.htm&cp=mscode

I have seen many laws posted but not one of them answer my original question. I talked to a few jackson cops and they said it was not illegal but dont you think it should be contained in the form you receive when you apply for your permit?

Several have given as much answer as will be found. There is no sentence/paragraph giving a limit. Believe me it will be lower than a DUI come judgement time. There has been no case for them to set a precedent for such a matter. Why do you think bars are so abjectly denied in the list of places of non-portability. Again it comes to judgement. A couple of beers shouldn't get you in any trouble but it belongs to the individual and what they can handle. I've seen folks get drunk enough on a third beer to think they can fight fire with gasoline and thankfully we kept them from getting stomped. If one is in the right that is what will likely come into play first and then maybe the alcohol. Hopefully an attorney I've seen post here will interject some word if he can without legal concern. It is all about judgement and up to the individual and/or his friends to think it through.

You drink and 'it' causes you to get into something and especially if you then break the perimeters of self-defense.....good luck. Hold yourself together and act with proper etiquette as a gun owner and you will be fine.