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Melting Pot No Guns

Aknazer

Regular Member
Joined
Mar 6, 2011
Messages
1,760
Location
California
Not necessarily. The statute actually says it is illegal to carry while under the influence of several things...it does not say while intoxicated.

There is no precise definition in this statute of what constitutes "under the influence". An overzealous person would argue that you are under the influence with the first drink....someone more laid back would argue it was after the second or third glass.

And this is why I won't even have one drink when OCing. The law doesn't define what "under the influence" is and I don't have the time or money to fight it in court should I be the person "lucky" enough to get that overzealous person.
 

Keylock

Regular Member
Joined
Nov 24, 2012
Messages
196
Location
OKC
And this is why I won't even have one drink when OCing. The law doesn't define what "under the influence" is and I don't have the time or money to fight it in court should I be the person "lucky" enough to get that overzealous person.

Exactly. Better to stick with non-alcoholic beverages when carrying to avoid issues.
 

Robert318

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Joined
Nov 2, 2012
Messages
158
Location
Choctaw, OK
Ok guys this topic has been discussed on other threads that you must have missed. So here some of the info, the law says under the influence not while intoxicated.

TITLE 21 § 1289.9 CARRYING WEAPONS UNDER INFLUENCE OF ALCOHOL
It shall be unlawful for any person to carry or use shotguns, rifles or pistols in any circumstances while under the influence of beer, intoxicating liquors or any hallucinogenic, or any unlawful or unprescribed drug

So whether you feel the effects after one drink or not, one drink will mean under the influence, whether you notice the affects or not it does affect you, maybe your tolerance is higher than most but it is still affecting you.

Though I do agree that some can handle alcohol a lot better than others and don't like the fact that others weaknesses or lack of responsibility should punish those of us that can handle it, know when to say when, or can be responsible, the law can't discern that therefore is written to cover it broadly.

I especially don't agree with the "in any circumstance"!! So the law honors property rights by letting owners restrict LAC from carrying on their property that is open to the public at large but then tells me that if I want to have a drink at my home or on my property that I have to disarm and put my guns up!! Remember it says "in any circumstance".

Personally IMHO the fact that my right to bear arms is a God given unalienable right and the bill of rights says "shall not be infringed"(2a, and 5a nor be deprived of life, liberty, or property, without due process of law), means that any law that restricts or implies that I have to pay money, take some class, put my fingerprints in a data base, carry a permission slip or any thing else to affect my right to bear arms is a flagrant and abusive exercise of power from those in leadership positions and blatant disregard for individual liberties!

If someone uses "any weapon" to harm others out of malice or disregard then they should be disciplined, that includes those trusted to act as leaders then use legislation(a weapon) to impose their will on others!! Don't think gun laws hurt people, what about those that are poor because of reasons beyond their control say a disability or lack of enough intellect to have a high paying job. Do they then not have a right to be armed at all times not just when at home, I don't think so!! How selfish and arrogant is that!! Yes guns aren't for everyone but laws that force people to be victims because they can't defend themselves is ridiculous!!:banghead:
 

Aknazer

Regular Member
Joined
Mar 6, 2011
Messages
1,760
Location
California
That still doesn't define what "under the influence" means. Just because it is in your system does not mean that you are under the influence of said item.
 

Gary S

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Oct 16, 2012
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Broken Arrow
That still doesn't define what "under the influence" means. Just because it is in your system does not mean that you are under the influence of said item.
I would think that for one to be "under the influence" of alcohol you would have to fail a sobriety test or blow above the legal limit. You can drive a car after drinking a beer or two and as long as you pass the tests you are not considered "under the influence" and are free to leave. Although I wouldn't suggest it in either case.
 

Aknazer

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Joined
Mar 6, 2011
Messages
1,760
Location
California
I would think that for one to be "under the influence" of alcohol you would have to fail a sobriety test or blow above the legal limit. You can drive a car after drinking a beer or two and as long as you pass the tests you are not considered "under the influence" and are free to leave. Although I wouldn't suggest it in either case.

I agree, I was simply saying that the quoted law doesn't define it. Which takes us right back to what we were saying in regards to an overzealous police officer trying to arrest someone over this since there is no definition of what "under the influence" is in the law.
 

Gary S

Regular Member
Joined
Oct 16, 2012
Messages
268
Location
Broken Arrow
Not that I would drink while carrying open because I wouldn't want to deal with such a situation. But if I did and an officer were to say anything I would probably request those such test. It works for having a drivers license why not my other license as well.
 
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