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Thread: HB 797: Carrying a handgun while under the influence of alcohol or drugs; penalty.

  1. #1
    Regular Member TFred's Avatar
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    HB 797: Carrying a handgun while under the influence of alcohol or drugs; penalty.

    HB 797: Carrying a handgun while under the influence of alcohol or drugs; penalty.

    Carrying a handgun while under the influence of alcohol or drugs; penalty. Creates a Class 1 misdemeanor for any person carrying a handgun in a public place while under the influence of alcohol or drugs and prohibits a person from obtaining a concealed handgun permit for five years following such a conviction. The prohibition applies regardless of whether the person is carrying the handgun openly or concealed. Current law makes it a Class 1 misdemeanor to carry a concealed handgun in a public place while under the influence of alcohol or drugs, but does not speak to openly carrying a handgun while under the influence.


    Morrissey. Need say no more. As best I can determine, this would be the first statute in the Code of Virginia that explicitly addresses "open carry" of firearms.

    TFred

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    Regular Member paramedic70002's Avatar
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    I'm in the middle on this one, however, define "under the influence." Is it .08 like for DUI or some other standard? Will an odor of alcohol be Probable Cause for arrest? Will you have to go to the PD to take a Breathalyzer or the ED for a blood draw? What about on your own property? "Public place" could be your front yard/sidewalk or common area.
    Last edited by paramedic70002; 01-13-2012 at 07:39 PM.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

  3. #3
    Regular Member TFred's Avatar
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    Quote Originally Posted by paramedic70002 View Post
    I'm in the middle on this one, however, define "under the influence." Is it .08 like for DUI or some other standard? Will an odor of alcohol be Probable Cause for arrest? Will you have to go to the PD to take a Breathalyzer or the ED for a blood draw? What about on your own property? "Public place" could be your front yard/sidewalk or common area.
    Here is what you can be sure of: If there is no definition in the code, then for some percentage of people, one sip of wine or swig of lite beer will be all it takes for an LEO with an attitude to make the arrest.

    TFred

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    Regular Member 45acpForMe's Avatar
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    I hope this bill gets killed fast.

    Again they criminalize "carrying" of a handgun with no criminal intent with a vague easily abused standard!!!

    There are already laws against public drunkeness, brandishing, and other things where "criminal intent" is present.

    I already can't drink since I CC my BUG. They should kill that law too while they are at it.
    "Cogito, ergo armatum sum: I think, therefore I am armed."

  5. #5
    Regular Member ocholsteroc's Avatar
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    I hope this gets killed, what if you want a sip of a familys drink?
    under the influence of alcohol
    they might say 1 sip = arrest! should be based on count in blood
    Last edited by ocholsteroc; 01-14-2012 at 04:42 PM.
    How come a DUI you can get your driver licence back, which it is a privilege. But if commiting a felon, even something non violent like stealing, you are denied your constitutional rights for the rest of your life?
    If you don't support the Second Amendment to the Constitution, what other parts of the Constitution do you reject?
    More restrictions on guns? how about restrictions on chainsaws and knives?

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