Castle Doctrine does need some work,,,,the silly law can't carry in a restaurant where alcohol is consumed & sold,,,no weapons on college campus,,,no concealed carry to pay events,,funerals,,parades & drop the law inform a approaching LEO....how does he/she know if its concealed properly.....Just a few with many more
SPRINGFIELD_45_ACP wrote:Castle Doctrine does need some work,,,,the silly law can't carry in a restaurant where alcohol is consumed & sold,,,no weapons on college campus,,,no concealed carry to pay events,,funerals,,parades & drop the law inform a approaching LEO....how does he/she know if its concealed properly.....Just a few with many more
I am not entirely happy with our SD laws//Castle Doctrine, but can live with them. And, I think trying to change them would open a can of worms that could cause a backlash...
Things that should be on the forefront (in large part because they are relatively easily proven feasible with data/experience of other states): allow carry in restaurants where alcohol is served so long as no consumption of alcohol, changing the no carry where admission is paid, funerals, parades.
I would NOT change the inform LEO requirement, though I might alter it a bit. (I think notification is good idea, at least in the realm of traffic stops, and have yet to have a problem from an officer after notification).
Just my $.02
In my humble opinion, any law on the books that doesn't directly make a harmful act illegal should be disposed of. By harmful, I mean anything that would violate another person's rights.
RayBurton72 wrote:SPRINGFIELD_45_ACP wrote:Castle Doctrine does need some work,,,,the silly law can't carry in a restaurant where alcohol is consumed & sold,,,no weapons on college campus,,,no concealed carry to pay events,,funerals,,parades & drop the law inform a approaching LEO....how does he/she know if its concealed properly.....Just a few with many more
I am not entirely happy with our SD laws//Castle Doctrine, but can live with them. And, I think trying to change them would open a can of worms that could cause a backlash...
Things that should be on the forefront (in large part because they are relatively easily proven feasible with data/experience of other states): allow carry in restaurants where alcohol is served so long as no consumption of alcohol, changing the no carry where admission is paid, funerals, parades.
I would NOT change the inform LEO requirement, though I might alter it a bit. (I think notification is good idea, at least in the realm of traffic stops, and have yet to have a problem from an officer after notification).
Just my $.02
Keep in mind, the current "required to notify" law only applies to law abiding citizens who have a concealed handgun permit and are armed at the time with a concealed handgun. Criminals aren't required to notify, nor are law abiding citizens who are carrying openly.
In my humble opinion, any law on the books that doesn't directly make a harmful act illegal should be disposed of. By harmful, I mean anything that would violate another person's rights. Now before you come up with crazy scenarios to argue that point, I'll state that there are always exceptions. I believe, however, that this is a crucial starting point.
Does it hurt anyone else for me to carry my firearm in a bar? No. At a funeral? No. In a movie? No. Does it hurt anyone else for me to drink while carrying? No. In cases like that, I think there should be muchharsher punishments for those who choose to drink while armed and end up hurting someone in the process, BUT there's no reason I shouldn't be able to have a beer and be equipped to protect myself at the same time.
All of the other restrictive gun laws are useless and need to be changed based on the fact that the possibility of me hurting someone or violating their rightsin any situation is not automatically increased simply because I happen to be armed. It's already a crime to hurt people, shoot people, or threaten people, unless you're defending yourself or someone else.
Blah.
I agree with everything you said except the drinking and carrying part.
You might be able to control yourself good enough to only drink one or two as to not impare your judgement. But I know quite a bit of people that once they start drinking, they don't stop until they can barely walk. I also know quite a bit of people that once they drink even two, they will get very pissed very fast at somebdy doing something as simle as making a joke.
Like I said before you might be able to control yourself. But there are a lot of people that can't control theirself when they start to drink and they won't have good enough mind to leave the guns home before they start drinking.
If we were allowed to carry and drink, I personally would not want to go anywhere that I normally go to drink.
It's already illegal to shoot someone, and there's a punishment for it. If you want to make the punishment worse if someone shoots someone while they were drunk, go for it. The problem with making it illegal to drink while armed is that the act in and of itself does NOT hurt anyone.
There are a lot of people that I think personally aren't smart enough to have guns when they're SOBER, but until they hurt someone else, they have the same rights and deserve the same freedoms as everyone else.
Is it asmart decision to leave the gun locked up at home if you're planning on getting smashed? Probably.Should that by my decision to make, and not the government's? Absolutely.
Yeah...can't cite it at the moment, but the statute says flat out you'll have no alcohol in your body while in possession of a firearm. It doesn't specify concealed or otherwise. (edit: this statement is false...I think..)DreQo wrote:It's already illegal to shoot someone, and there's a punishment for it. If you want to make the punishment worse if someone shoots someone while they were drunk, go for it. The problem with making it illegal to drink while armed is that the act in and of itself does NOT hurt anyone.
There are a lot of people that I think personally aren't smart enough to have guns when they're SOBER, but until they hurt someone else, they have the same rights and deserve the same freedoms as everyone else.
Is it asmart decision to leave the gun locked up at home if you're planning on getting smashed? Probably.Should that by my decision to make, and not the government's? Absolutely.
+2
By the way has anyone ever found a statute that makes it illegal to drink and open carry a pistol?
This is the only one I've ever seen and it applies only to concealed handguns.§ 14‑415.11. Permit to carry concealed handgun; scope of permit.
(c) It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in his body any alcohol or in his blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in his blood was lawfully obtained and taken in therapeutically appropriate amounts.
Oh crap, you might be right. I just started looking and I couldn't find anything besides that law you just quoted. I guess I never really thought about it because you can't go anywhere in public while armed where drinks are sold to begin with.This is the only one I've ever seen and it applies only to concealed handguns.§ 14‑415.11. Permit to carry concealed handgun; scope of permit.
(c) It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in his body any alcohol or in his blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in his blood was lawfully obtained and taken in therapeutically appropriate amounts.
So:
1. no duty to retreat in your home, or gremlin in the home deadly force authorized.
2. Remove prohibition on CC or OC in movies, funerals, admission charged, public gatherings.
3. Remove prohibition on CC or OC during a State of Emergency. (we won't be another Katrina)
This seems to be the consensus. If you guys agree I will put it together for my Representative, and we'll put it before the house. ButI won't move unless you guys agree because any legislation will need all our support.
So:
1. no duty to retreat in your home, or gremlin in the home deadly force authorized.
2. Remove prohibition on CC or OC in movies, funerals, admission charged, public gatherings.
3. Remove prohibition on CC or OC during a State of Emergency. (we won't be another Katrina)
This seems to be the consensus. If you guys agree I will put it together for my Representative, and we'll put it before the house. ButI won't move unless you guys agree because any legislation will need all our support.