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Thread: Drunk carry law

  1. #1
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    Drunk carry law

    I don't have a link to cite prepared, but I was reading on the subject and came across something I wasn't aware of. I'm hoping someone has it handy. The CT law on carrying a firearm while intoxicated refers to a loaded firearm specifically, not just a firearm. Am I correct in thinking this means if you are carrying and decide to have a few drinks that you can simply unload the gun and you are not in violation of the law? And what about the ammo? Can it then be on your person? For simplicity sake, lets say you are carrying condition 3. Can you simply pop out the magazine and slide it in your back pocket and be legal?
    My guess is that it's parallel to open carry. it's legal but all but the most informed police officers will try to pinch you for it anyway.

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    Regular Member motoxmann's Avatar
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    I just spent the last 45 minutes searching for the law that would reference this, including reading through all statutes, and I can't find anything related to handguns and alcohol. I know there is a law about it somewhere, just can't seem to find it... still searching...
    if you know where I might find any laws pertaining to this, post it up, I'll see what I can read from it

  3. #3
    Regular Member brk913's Avatar
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    You are looking for 53-206d: http://www.cga.ct.gov/current/pub/ch...Sec53-206d.htm

    To the OP, I agree with your assessment, as long as you unload the handgun you cannnot be found guilty even if charged under this statute.
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    Regular Member Rich B's Avatar
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    Some people would make you a criminal for this:

    http://ctshooting.com/modules.php?na...ewtopic&t=6115
    Connecticut Carry is dedicated to advancing and protecting the fundamental civil rights of the men and women of Connecticut to keep and bear arms for self defense of themselves and the state as guaranteed by the United States Constitution and the Constitution of Connecticut.

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    Regular Member Rich B's Avatar
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    SB 64 is not yet dead.

    http://www.cga.ct.gov/2012/PSdata/ca...01100PS-CA.htm

    It will be heard in the committee meeting today. Write the public safety committee and urge them to stop this bill.

    http://www.cga.ct.gov/asp/menu/Membe...p?comm_code=PS

    Two main issues:

    - The BAC is being lowered for no reason. There is no good to come of this.
    - The bill gives the SPBI 60 days to complete background checks for Eligibility Certificates. It is only a matter of time before this becomes the rule for pistol permits. Background checks should be instant or inside of the FBI-promised 48 hours. We should strive for instant.

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    More info on this sessions legislation:
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    Regular Member KIX's Avatar
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    Quote Originally Posted by brk913 View Post
    You are looking for 53-206d: http://www.cga.ct.gov/current/pub/ch...Sec53-206d.htm

    To the OP, I agree with your assessment, as long as you unload the handgun you cannnot be found guilty even if charged under this statute.
    I wouldn't stake my next paycheck that you wouldn't keep your permit for a period of time. I've seen the board go in awkward directions when alcohol is involved. If you have the handgun, have ammo (loaded or not) and you are found to be drunk (usually as defined by DMV BAC of .08) you may lose your permit.

    This goes back to suitability and the vote could go that you were indeed unsuitable. Though no law was broken, it would be up to the board to vote on the issue if your permit is revoked.

    If they do revoke, you can fight it with the Supreme Court, but then you're getting into big bucks.

    Jonathan
    www.ctpistolpermitissues.com - tracking all the local issuing authority, DPS and other insanity with permit issues
    www.ctgunsafety.com - my blog and growing list of links useful to gun owners (especially in Connecticut).

    Rich B: My favorite argument against OC being legal in CT is "I have never seen someone OC in CT".
    I have never seen a person drink tea from a coke bottle while standing on their head, that doesn't mean it is illegal.

  7. #7
    Regular Member brk913's Avatar
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    Actually I seem to remember reading a relatively recent Board case where they gave a guy back his permit who was caught carrying whle DUI. He told the Board he forgot he had it in his pocket and had to go "rescue" a relative who had broken down or in an accident. I honestly could not believe it but they "excused" it saying he had no malice or intent to use the gun. i am sure you would be able to find the case for a cite quicker than I can...
    Last edited by brk913; 03-16-2012 at 07:28 AM.
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  8. #8
    Regular Member Rich B's Avatar
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    Quote Originally Posted by brk913 View Post
    he had no malice or intent to use the gun
    Which is the whole point of our legal system and is the way it is supposed to work.

    Making illegal the possession of an inanimate object is silly and harmful to people's rights.
    Connecticut Carry is dedicated to advancing and protecting the fundamental civil rights of the men and women of Connecticut to keep and bear arms for self defense of themselves and the state as guaranteed by the United States Constitution and the Constitution of Connecticut.

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  9. #9
    Regular Member KIX's Avatar
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    Quote Originally Posted by brk913 View Post
    Actually I seem to remember reading a relatively recent Board case where they gave a guy back his permit who was caught carrying whle DUI. He told the Board he forgot he had it in his pocket and had to go "rescue" a relative who had broken down or in an accident. I honestly could not believe it but they "excused" it saying he had no malice or intent to use the gun. i am sure you would be able to find the case for a cite quicker than I can...
    I was there for that one, I was rather shocked at that result. Again, it's on a case by case basis. I've seen 'em go the other way as well.

    That's the problem with suitability...... it's like beauty being in the eye of the beholder..... or government official treating you like you stepped outta line.

    Jonathan
    www.ctpistolpermitissues.com - tracking all the local issuing authority, DPS and other insanity with permit issues
    www.ctgunsafety.com - my blog and growing list of links useful to gun owners (especially in Connecticut).

    Rich B: My favorite argument against OC being legal in CT is "I have never seen someone OC in CT".
    I have never seen a person drink tea from a coke bottle while standing on their head, that doesn't mean it is illegal.

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