brboyer
Regular Member
imported post
Lezchap wrote:
Incorrect. There is no law against drinking while carrying a firearm. It's illegal to use (other than self defense) a weapon with an unlawfulBAC level. Use is also interperted to mean 'hold in hand'.
790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.--
(1)As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
(2)For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand.
(3)It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(4)Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(5)This section does not apply to persons exercising lawful self-defense or defense of one's property.
Lezchap wrote:
tracylaud83 wrote:It's the same law that allows open carry at your own home or business...WOW!!!!
We need a lawyer to look at this one, or get someones advise that's smarter than me. But this sounds VERY interesting..............
It's the same law that allows you to pull your gun out (open carry) at a gun range.
It's the same law that allows military members to open carry in the performance of their duties.
It's the same law that allows police officers to open carry in the performance of their duties.
It's the same law that allows armored car guards to open carry.
Just to name a few....
Just a note: It's legal to drink (alcohol) and fish, and it's legal to fish and carry, but it's not legal to do all 3, under my understanding of the law...and the legality of OC while driving to and from a fishing/hunting/camping trip is a very grey area.
Incorrect. There is no law against drinking while carrying a firearm. It's illegal to use (other than self defense) a weapon with an unlawfulBAC level. Use is also interperted to mean 'hold in hand'.
790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.--
(1)As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
(2)For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand.
(3)It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(4)Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(5)This section does not apply to persons exercising lawful self-defense or defense of one's property.