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Thread: Environmental Cops Bust Connecticut Man for Drunken Archery Hunting .. gun charges 2

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    Environmental Cops Bust Connecticut Man for Drunken Archery Hunting .. gun charges 2

    http://www.theblaze.com/stories/2013...chery-hunting/


    He had a handgun w/o a permit too .... hope he argues 2nd amendment for that.

    Connecticut State Police assisted the conservation officers in the arrest, after which he was charged “with hunting deer over bait, possession of a firearm while archery hunting for deer, hunting under the influence, possession of a firearm while under the influence, and carrying a handgun without a permit,” the Courant reported.

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    Do they ever just make up stories as a scare tactic?

    Hunting with cross bows are now legal in CT this year.
    Hunting over bait is legal in some parts of CT.

    Was he intoxicated over the limit? You're legally allowed to possess a loaded firearm up to 0.10% and no law on unloaded firearm.
    I haven't checked the hunting law.
    Hunting with a handgun is legal in certain situations.

    I never like the no handgun law while bow hunting how am I supposed to defend myself.
    I know they don't want poaching, but most hunters are responsible only a few are poachers and poachers are going to be poachers no mater what laws their is.
    I've been surrounded by a pack of coyotes at dusk. Not an easy feeling a quiet arrow is only going to do so much in the woods against a pack of hungry coyotes.

    They really lack on the details in the story.


    Edit: Tolland is not in the bait areas.

    From the way I read it looks like hunting you can be less than .07% (impaired)

    http://search.cga.state.ct.us/dtsear...cating+&Item=0

    I wonder if he has no pistol permit or just no pistol permit on him.

    Except gun season hasn't started yet.

    Legal Firearms
    12, 16, or 20 gauge breech loading shotgun loaded with
    single soft alloy projectile ammunition. Rifled or smoothbore barrels
    allowed. Shotgun must not be capable of holding more than 3 shells.
    Centerfire rifle 6mm (.243 caliber) or larger or revolver .357 caliber
    or larger
    may be used if the landholding is 10 or more acres and the
    landowner has authorized use on the consent form. To use a revolver,
    you must also have Revolver Deer Endorsement for the current season.
    No minimum acreage required for shotguns
    Last edited by customcreationllc; 11-05-2013 at 07:34 AM.

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    Sec. 53-206d. Carrying a firearm while under the influence of intoxicating liquor or drug prohibited. Hunting while under the influence of intoxicating liquor or drug or while impaired by the consumption of intoxicating liquor prohibited. (a)(1) No person shall carry a pistol, revolver, machine gun, shotgun, rifle or other firearm, which is loaded and from which a shot may be discharged, upon his person (A) while under the influence of intoxicating liquor or any drug, or both, or (B) while the ratio of alcohol in the blood of such person is ten-hundredths of one per cent or more of alcohol, by weight.

    (2) Any person who violates any provision of this subsection shall be guilty of a class B misdemeanor.

    (b) (1) No person shall engage in hunting while under the influence of intoxicating liquor or any drug, or both, or while impaired by the consumption of intoxicating liquor. A person shall be deemed under the influence when at the time of the alleged offense the person (A) is under the influence of intoxicating liquor or any drug, or both, OR (B) has an elevated blood alcohol content. For the purposes of this subdivision, "elevated blood alcohol content" means (i) a ratio of alcohol in the blood of such person that is ten-hundredths of one per cent or more of alcohol, by weight, or (ii) if such person has been convicted of a violation of this subsection, a ratio of alcohol in the blood of such person that is seven-hundredths of one per cent or more of alcohol, by weight. A person shall be deemed impaired when at the time of the alleged offense the ratio of alcohol in the blood of such person was more than seven-hundredths of one per cent of alcohol, by weight, but less than ten-hundredths of one per cent of alcohol, by weight.

    (2) Any person who violates any provision of this subsection shall be guilty of a class A misdemeanor.

    (3) Enforcement officers of the Department of Environmental Protection are empowered to arrest for a violation of the provisions of this subsection.





    I've highlighted/bold/enlarged the most important word in the statute...any signs of impairment will get you pinched for this, effectively making any amount of BAC verboten. If an officer believes you've been drinking (perhaps he observes you take a sip?), how long do you think it'll take for him to invent the rest??? In the dram shop context, it's basically outwardly visible signs...maybe you're loud, you stink, you slur, you laugh too much, etc...it could be ANY behavior but when paired with drinking (open container nearby?) you're probably getting charged.
    Last edited by CT Barfly; 11-05-2013 at 12:43 PM.

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    I see problems with this section:

    (i) a ratio of alcohol in the blood of such person that is ten-hundredths of one per cent or more of alcohol, by weight, or (ii) if such person has been convicted of a violation of this subsection, a ratio of alcohol in the blood of such person that is seven-hundredths of one per cent or more of alcohol, by weight. A person shall be deemed impaired when at the time of the alleged offense the ratio of alcohol in the blood of such person was more than seven-hundredths of one per cent of alcohol, by weight, but less than ten-hundredths of one per cent of alcohol, by weight.


    So I see conflicting % of [OH] needed .... is it .10 % or 0.07% ?

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    Quote Originally Posted by davidmcbeth View Post
    I see problems with this section:

    (i) a ratio of alcohol in the blood of such person that is ten-hundredths of one per cent or more of alcohol, by weight, or (ii) if such person has been convicted of a violation of this subsection, a ratio of alcohol in the blood of such person that is seven-hundredths of one per cent or more of alcohol, by weight. A person shall be deemed impaired when at the time of the alleged offense the ratio of alcohol in the blood of such person was more than seven-hundredths of one per cent of alcohol, by weight, but less than ten-hundredths of one per cent of alcohol, by weight.


    So I see conflicting % of [OH] needed .... is it .10 % or 0.07% ?
    What is conflicting? The statute is quite clear actually. If you have never been convicted of the offense before, then the limit is .10%; if you have been convicted of this offense before, then the limit drops to .07%. Notice the part where it says "or, if such person has been CONVICTED of a VIOLATION of this SUBSECTION..." If you have never been convicted of being under the influence while hunting then you are afforded a higher blood/alcohol content then you would be if you have already been convicted of this offense once before.
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

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    Quote Originally Posted by CT Barfly View Post
    Sec. 53-206d.
    I've highlighted/bold/enlarged the most important word in the statute...any signs of impairment will get you pinched for this, effectively making any amount of BAC verboten. If an officer believes you've been drinking (perhaps he observes you take a sip?), how long do you think it'll take for him to invent the rest??? In the dram shop context, it's basically outwardly visible signs...maybe you're loud, you stink, you slur, you laugh too much, etc...it could be ANY behavior but when paired with drinking (open container nearby?) you're probably getting charged.
    I agree but the driving while intoxicated law reads the same and they have to do a road side sobriety test first then give you the breathalyzer. Do they have the procedures for a road side sobriety test for .10% while caring a loaded firearm or hunting?
    I'm not say go get drunk and go hunting I'm just saying 1 beer doesn't make you intoxicated.
    It would be nice if laws were black and white instead of grey all over.

    Sec. 14-227a. Operation while under the influence of liquor or drug or while having an elevated blood alcohol content. (a) Operation while under the influence or while having an elevated blood alcohol content. No person shall operate a motor vehicle while under the influence of intoxicating liquor or any drug or both. A person commits the offense of operating a motor vehicle while under the influence of intoxicating liquor or any drug or both if such person operates a motor vehicle (1) while under the influence of intoxicating liquor or any drug or both, or (2) while such person has an elevated blood alcohol content. For the purposes of this section, “elevated blood alcohol content” means a ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, except that if such person is operating a commercial motor vehicle, “elevated blood alcohol content” means a ratio of alcohol in the blood of such person that is four-hundredths of one per cent or more of alcohol, by weight, and “motor vehicle” includes a snowmobile and all-terrain vehicle, as those terms are defined in section 14-379.

    ......
    Last edited by customcreationllc; 11-06-2013 at 06:56 AM.

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    Handguns in state forest or park

    Rifles and Handguns- Rifles or handguns using ammunition larger than .22 caliber rimfire long rifle cartridges are prohibited on state-owned land. Rifles or handguns of any caliber are prohibited on State-leased and Permit-Required Hunting Areas (see Permit-Required and State-Leased Hunting Area sections for exceptions). The use of rifles or handguns to hunt turkeys, waterfowl, or any other federally regulated migratory game bird (except crows) is prohibited. Hunting on private land with ammunition larger than .22 caliber rimfire long rifle during the private land shotgun/rifle deer season is prohibited unless the user has a valid private land deer season permit and landowner consent form. The use of rifles or revolvers to hunt deer is subject to additional restrictions (see Private Land Shotgun/Rifle Season). The use of ammunition larger than .22 caliber rimfire long rifle to hunt raccoon or opossum at night is prohibited. A person using a handgun for hunting must possess any required state/town permits to carry. Note that it is legal to use .17 caliber rimfire firearms in all situations where it is legal to use .22 caliber rimfire long rifle firearms.
    Last edited by dmjs; 11-06-2013 at 08:05 AM.
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