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BAC when OCing vs. CCing

HankT

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marshaul wrote:
If we "can't have it both ways", then no harm, no foul it is. I'll take the tempestuous sea of liberty, thankyouverymuch. People still drunk drive anyway, although they don't OC while drunk. Lot of good your authoritarianism does. :quirky

A lot of good your laissez faire/ head in the sand approach does when some innocent person or kid ends up with a big ole hole in their body.

I'll take the ounce of prevention approach myself. I'd rather write the law myself, though. Rather than have some nutcase like Corzine or Daley do it.
 

marshaul

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Fail. If someone is really out of control enough that they're obviously about to "put a hole in a kid" (that is to say, such a scenario where the law might realistically prevent the hole from being made), you wouldn't need arbitrary BAC levels for driving or carrying to stop them. The fact that they're brandishing, or weaving (i.e. driving recklessly) will suffice.

If they're not doing these things, then you don't have a circumstance where the law is going to realistically recognize and prevent the hole in the kid in the first place (if said hole is even still likely to occur).
 

Veritas

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HankT wrote:
marshaul wrote:
If we "can't have it both ways", then no harm, no foul it is. I'll take the tempestuous sea of liberty, thankyouverymuch. People still drunk drive anyway, although they don't OC while drunk. Lot of good your authoritarianism does. :quirky

A lot of good your laissez faire/ head in the sand approach does when some innocent person or kid ends up with a big ole hole in their body.

I'll take the ounce of prevention approach myself. I'd rather write the law myself, though. Rather than have some nutcase like Corzine or Daley do it.
Ouch. My issue with the "ounce of prevention" argument goes back to the whole "gray area growing" issue. If you REALLY want to ensure that some innocent person or kid doesn't end up with a big ole hole in their body, then the proper preventative measure would be the complete abolition and destruction of firearms. Quite honestly, one does not have to be drunk to have an accidental discharge.

Hell, even our former Vice President shot a man in the face. His victim could never have been shot had guns been outlawed altogether.

I emphatically believe this is how liberties are stricken from the people. The wolf arrives in sheeps clothing. "Hi... I'm the government. I'm here to protect you." Add it all up... anytime the government legislates control for the "protection" of the people, you often find that it strikes us of liberties.

PATRIOT ACT, anyone?
 

DrTodd

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Veritas wrote:
HankT wrote:
Veritas wrote:
Driving while drunk... it can be argued that you are endangering others... a criminal offense. The fact is that you are OPERATING something while under the influence. Carrying while drunk... not so much. What are you operating? What harm have you caused? What danger have you created? Who can step forth and claim themself a victim?

Using your logic, we really shouldn't charge drunk drivers with anything if they are making their way home, or to the next bar, as long as they don't hit anything.

After all, if the drunk doesn't hit anything, then nothing or no one is injured. No one was been hurt. Therefore, no one was endangered.

No harm, no foul.

Can't have it both ways.
Not at all what I said. Quite the opposite, in fact. Read the sentence in my quote that I made bold. As a drunk driver you are, in fact, OPERATING (as in, in the COMMISSION) of creating danger.

Whereas carrying while drunk... what are you committing? As long as you don't pull your firearm, how are you any different than an unarmed drunk? Charging someone with carrying a firearm while under the influence is a lot like charging someone for carrying car keys while under the influence. Until they put those keys to use, what crime have they committed? The second you pull your firearm while drunk, just like the second you get behind the wheel of a car while drunk, a crime has been committed. Until/Unless that moment occurs, no crime has been committed.
So OK, let's not charge an intoxicated person with violating a law who shoots at someone but misses because, hey, no one was actually injured. To go along with what I said above, the days when an officer just drove you home when you drank too much are over. Sorry to disappoint you. Are such laws seemingly superfluous? Perhaps. But people do not take responsibility for their actions. The fact that McDonald's has to tell me that their coffee is hot seems silly. However, like most rules/regulations/laws, such a warning is designed with only a small portion of society in mind.

If 99.9% of the laws currently on the books were tossed, I think it would not make a wit difference for most people. However, within almost any group there are those that the fear of legal recourse is all that stops them from robbing a store or assaulting another person (or driving drunk, or carrying a firearm while obviously intoxicated). That's just the way it is.

The issue of "economics" was brought up. Although a valuable science when dealing with things that have a monetary value, the problem with looking at issues through an "economic lens" is really in how what we are dealing with has some "value".

For example, let's say I am asked to watch my children while my wife does some shopping. During this time, I decide that I really need to run to my office to pick up some work I've left there, so I decide to leave my children (age 6 and 4) at home while I take a quick drive to my office. Upon coming home I am met in the driveway by a very upset (angry) spouse. My comment to her is that, hey, I figured there was only a 1 in 10,000 chance that something would happen, so I decided it was "worth it"... Does she have a right to be angry? What is the "worth it" when it comes to HER children's safety... perhaps "one in a million" would be acceptable? Economics, as a science, would quickly do a cost/benefit analysis and at some point find that my trip was "worth it". I don't think my spouse would agree that anything as trivial as a quick run to my office would be "worth it" especially when the the potential exists for her child being hurt or killed. (Especially since I could mitigate the whole issue by just not going until she returns).

Likewise, is there a point that carrying a firearm while intoxicated is "worth it". Yes, in the world of "cost/benefit" there is. But, is there a point when my carrying could be seen as "worth it" when I shoot someone because I am too intoxicated to see straight? At what point is it "worth it" to the family of the child I just shot? Perhaps they will just say "Hey, we are all for the 2nd amendment so we have no problem with you carrying intoxicated, we are just a little upset you shot and killed our daughter" um...., I don't think so. I think at some point people will say that the danger is such that it far outweighs any "cost/benefit analysis" that you have done in your inebriated state... i.e. you should not have been carrying at all. Especially since in all likelihood, within a relatively short period of time, I will be able to see straight and resume carrying my firearm in a responsible manner. As much as I find the enforcement of some laws quite onerous, I would have to agree with them.
 

marshaul

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DrTodd wrote:
So OK, let's not charge an intoxicated person with violating a law who shoots at someone but misses because,  hey, no one was actually injured.
Shooting at someone is an act of aggression, thus "harm" and "injury" whether the bullet strikes them or otherwise.
 

DrTodd

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Same could be said about carrying in an inebriated state... slippery slope and all. Perhaps if I'm so drunk I miss them by 25 feet it is just a misdemeanor but if I miss by 3-4 inches it could be a felony?
 

marshaul

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DrTodd wrote:
Same could be said about carrying in an inebriated state... slippery slope and all.
No, it couldn't. At all.

http://en.wikipedia.org/wiki/Non-aggression_principle

Please explain whom a peacefully armed drunk has aggressed against.

DrTodd wrote:
Perhaps if I'm so drunk I miss them by 25 feet it is just a misdemeanor but if I miss by 3-4 inches it could be a felony?
I fail to see how the degree of inaccuracy affects whether assault with a deadly weapon and attempted murder are acts of aggression.
 

DrTodd

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The use of alcohol, at least at higher levels, impairs one's ability to reason cognitively, affects balance, coordination, and reduces inhibition.

http://en.wikipedia.org/wiki/Drunkenness


Therefore, considering that such a state is self-induced,"elective", and completely mitigated by a relatively short passage of time, I consider the prohibition of being intoxicated while carrying a firearm reasonable.

Your argument of "non-aggression" actually counters your argument because it explicitly considers the issue of initiation... by carrying in such a self-induced, temporary, and completely avoidable state, I believe that your behavior is aggressive and the "first step" in your initiation of force. Since the first step is interpretive, I interpret it to be unnecessary and exceedingly dangerous....my sober show of force versus your drunken show of force... and the winner is???? Do you really want to put yourself in the situation?

If you want to stand in front of a judge and try to explain why you killed someone while you were barely able to stand, go right ahead. I wish you the best...(actually not, as I just see you being fuel for the argument that gun owners are irresponsible)

But for me, I accept the responsibility that comes with my rights and choose to carry only when I am sober.
 

marshaul

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DrTodd wrote:
Your argument of "non-aggression" actually counters your argument because it explicitly considers the issue of initiation... by carrying in such a self-induced, temporary, and completely avoidable state, I believe that your behavior is aggressive and the "first step" in your initiation of force.
Um, no. The "first step" is the initiation of force. Claiming that all "pre-crimes" are inherently acts of aggression indicates a failure to understand the concept of "aggression" as it is meant in this (the appropriate) context.

DrTodd wrote:
Since the first step is interpretive, I interpret it to be unnecessary and exceedingly dangerous....my sober show of force versus your drunken show of force... and the winner is????  Do you really want to put yourself in the situation?
I'm not sure what you're getting at, but it sounds to me like you're describing a sober person aggressing against a drunk person, basically because he doesn't like the drunkard's drunkenness and he knows he would win in a "my word against his" scenario, even though it would be a lie. Which is, of course, far more shameful than having some alcohol under any peaceful circumstance.

DrTodd wrote:
If you want to stand in front of a judge and try to explain why you killed someone while you were barely able to stand, go right ahead. I wish you the best...
Better to be judged by 12 than carried by 6.

DrTodd wrote:
But for me, I accept the responsibility that comes with my rights and choose to carry only when I am sober.
Good for you. So does any person who lives his whole life without aggressing against another, regardless of whether he might have at one point (or daily) carried while intoxicated.
 

DrTodd

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marshaul wrote:
DrTodd wrote:
Same could be said about carrying in an inebriated state... slippery slope and all.
No, it couldn't. At all.

DrTodd wrote:
Perhaps if I'm so drunk I miss them by 25 feet it is just a misdemeanor but if I miss by 3-4 inches it could be a felony?
I fail to see how the degree of inaccuracy affects whether assault with a deadly weapon and attempted murder are acts of aggression.
By following your argument, a person who shoots and misses by 25 yards is less of a threat than someone who shoots and misses by a few yards. At what point does the proximity of a particular bullet denote "aggression"? At 100 yards, 50 yards, or 2 inches, no one is injured. Where is the harm? Only by actually hitting "the target", following your logic, could anyone claim that the action was "aggressive". Proximity is just a slippery slope... if you legislate a shot 5 feet away as aggressive the next thing you know they will legislate 2 miles away as aggressive.......
 

marshaul

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DrTodd wrote:
marshaul wrote:
DrTodd wrote:
Same could be said about carrying in an inebriated state... slippery slope and all.
No, it couldn't. At all.

DrTodd wrote:
Perhaps if I'm so drunk I miss them by 25 feet it is just a misdemeanor but if I miss by 3-4 inches it could be a felony?
I fail to see how the degree of inaccuracy affects whether assault with a deadly weapon and attempted murder are acts of aggression.
By following your argument, a person who shoots and misses by 25 yards is less of a threat than someone who shoots and misses by a few yards. At what point does the proximity of a particular bullet denote "aggression"?  At 100 yards, 50 yards, or 2 inches,  no one is injured.  Where is the harm?  Only by actually hitting "the target", following your logic, could anyone claim that the action was "aggressive".  Proximity is just a slippery slope... if you legislate a shot 5 feet away as aggressive the next thing you know they will legislate 2 miles away as aggressive.......
This is a strawman. You're attacking an argument I never made.

Proximity has nothing to do with it. Intent has everything to do with it. Did he intend to kill the person? Then it's attempted murder, an act of aggression. Did he discharge the firearm in an unsafe manner in a populated area? Then it's reckless endangerment, an act of aggression.
 

marshaul

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Rogue9er wrote:
The level of legal nitpicking in this thread is worthy of the antis, as is the mindset that is causing it. I am unimpressed.
Hey, you started it. I'm trying to defend your position, as it is a fine one. Sorry if my methods or arguments remind you of the "antis". :)
 

Veritas

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DrTodd wrote
OK, let's not charge an intoxicated person with violating a law who shoots at someone but misses because, hey, no one was actually injured. Once again, this is NOTwhat i'm saying. Sorry to make "not" so big, but I want to be sure that people are seeing that I'm NOT saying these things. I don't know how I can state my opinion of this more clearly... but I will try:

1) Without ACTION that ENDANGERS others, charging someone with a crime is BS. In order for a crime to be committed, there must be a victim or property damage.


2) Driving while drunk creates victims because the ACTION of driving while drunk endangers others. However, carrying car keys while drunk doesn't create any victims. Who's in danger if you're carrying keys to your car, but your car is parked in the lot while you're inside the bar?

3) Carrying while drunk doesn't create any victims because no ACTION has been taken. Carrying a gun while drunk is a lot like carrying car keys while drunk. They can only endanger others, thus creating victims, if you decide to use them that way.

4) Pulling a gun on someone, drunk or not, without justifiable cause is a crime.

But people do not take responsibility for their actions. Yes and no. I'll agree that many people try to AVOID responsibility for their actions, but I believe the overwhelming majority end up ACCEPTING responsibility for them. Case and point: Ever get a traffic ticket that you fought, but lost, in court? If not, then just play along with me and say "Yes, Veritas, I have." You may try to AVOID that responsibility, but when you lose and pay the fine, you ACCEPT it. There are going to be exceptions to this rule for those who work through the system and find a way to use it to their advantage (the hot coffee plaintiff, for instance). But let's not legislate the masses into bondage because a few people are irresponsible. How many people have used firearms in an irresponsible manner? The layperson could say, "Many have." But a realist would say, "Many more HAVEN'T". The layperson's solution to "fixing" the problem might be to ban all firearms to keep them out of the hands of the few... thus punshing the rights of the many. I don't mean to sound cold-hearted when I say this... but I believe that American civil liberties are more important than making any special interest group feel warm and fuzzy inside.

If 99.9% of the laws currently on the books were tossed, I think it would not make a wit difference for most people. However, within almost any group there are those that the fear of legal recourse is all that stops them from robbing a store or assaulting another person (or driving drunk, or carrying a firearm while obviously intoxicated). That's just the way it is. Agreed. But in the same token, there are also those who don't give a rats butt what laws are on the books and go about their business anyway. Is the answer to pass more laws that restrict those who abide by them? What does that accomplish when the REAL criminals don't subscribe to the rules of society anyway? The negative of less legislation does not outweigh the negative of more legislation, in my opinion. If I'm going to be subject to crime, I'd rather be subject to crime as a free man.

The issue of "economics" was brought up. Although a valuable science when dealing with things that have a monetary value, the problem with looking at issues through an "economic lens" is really in how what we are dealing with has some "value". I brought economics up. I don't understand this statement, however. Please elaborate. I truly am interested in seeing your perspective.

For example, let's say I am asked to watch my children while my wife does some shopping. During this time, I decide that I really need to run to my office to pick up some work I've left there, so I decide to leave my children (age 6 and 4) at home while I take a quick drive to my office. Upon coming home I am met in the driveway by a very upset (angry) spouse. My comment to her is that, hey, I figured there was only a 1 in 10,000 chance that something would happen, so I decided it was "worth it"... Does she have a right to be angry? Yes. Anyone has the right to be angry about anything.

What is the "worth it" when it comes to HER children's safety... perhaps "one in a million" would be acceptable? Economics, as a science, would quickly do a cost/benefit analysis and at some point find that my trip was "worth it". I don't think my spouse would agree that anything as trivial as a quick run to my office would be "worth it" especially when the the potential exists for her child being hurt or killed. (Especially since I could mitigate the whole issue by just not going until she returns). I'm trying real hard to follow you here. Correct me if I'm wrong, but I'm reading it like this: You're saying that endangering your children (by leaving them unattended) for the purpose of profit is not worth the slim margin that something would actually happen to them? If this, indeed, the point you're making then I say: Duh... I agree. I don't believe human life and money belong on the same playing field.

Likewise, is there a point that carrying a firearm while intoxicated is "worth it". This is an apples to orangutans comparison. First of all, I don't want you to confuse my comments about the economics of government fines with risk analysis. Money can be at risk, but not all risks involve money.

On the subject of carrying while intoxicated, I'm not suggesting that there is any economic benefit to doing so. What I'm saying is that I BELIEVE (my opinion) that many laws, including the law that says you can't carry while drinking, is a means for the government to further legislate (read: CONTROL) the American populace. I do not believe it has anything to do with PUBLIC SAFETY.

Using the car key analogy again... and I'm asking you to please open your mind to this: "If I drink and carry car keys, but do not ever use the car keys, am I a danger?"

Now... simply replace the words "car keys" with "firearm". If your answer changes from "No" to "Yes", then I think we can agree that you're arguing just to argue. The fact that you're merely CARRYING means nothing until you decide to USE.

If public safety, and not firearm restriction, were the true caveat here... then why can people walk out of bars with car keys in their hand? I mean, logically speaking, if keys are in their hand, then a prudent person could assume they intend to use them to start a vehicle. And yet, as the law is written, that person is guilty of NOTHING until they enter the vehicle.

The stark reality is that "overall safety" doesn't seam to be the primary concern. Officers are looking for the easy prey... the people who are weaving, speeding, rolling stop signs, etc. They're not usually looking to see who's leaving the bar with keys in their hand. The reality is that probably 90% or more of the people pulling out of that parking lot have the propensity to create danger, but nearly ALL of them go unchecked by officers.

Now tell me again why someone can leave a bar parking lot in front of a cop and not get pulled over (unless they swerve or something), but you can go to jail, no questions asked, if you blow .07 while carrying a firearm... even if that firearm is unloaded. Please don't tell me it's "safety". It's control.
Again, I am NOT advocating that drinking and carrying is wise; even if it WERE legal. However, I'd be pretty pissed if I were to have a couple beers at a bar then find myself staring down the business end of a criminals gun while walking home... and not be able to defend myself because I am unarmed.

I would like to choose, for myself, whether or not I carry, where I carry, and how I carry. If I make a bad choice that results in harm to others (without just cause), then I would expect to have the book thrown at me.

If you REALLY want to keep people in line, then you make PUNISHMENTS tougher... you don't simply slap the populace with more restrictions. This is where economics come in. If the government REALLY cared about motorist safety, they'd scrap these BS seatbelt laws and start hammering the piss out of people who cause accidents. Who's the offender and whose the victim? Punish the offenders... not the general citizen. But why would the government do that when they can cherry pick the pockets of both?
 

DrTodd

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marshaul wrote:
DrTodd wrote:
Your argument of "non-aggression" actually counters your argument because it explicitly considers the issue of initiation... by carrying in such a self-induced, temporary, and completely avoidable state, I believe that your behavior is aggressive and the "first step" in your initiation of force.
Um, no. The "first step" is the initiation of force. Claiming that all "pre-crimes" are inherently acts of aggression indicates a failure to understand the concept of "aggression" as it is meant in this (the appropriate) context.

DrTodd wrote:
Since the first step is interpretive, I interpret it to be unnecessary and exceedingly dangerous....my sober show of force versus your drunken show of force... and the winner is???? Do you really want to put yourself in the situation?
I'm not sure what you're getting at, but it sounds to me like you're describing a sober person aggressing against a drunk person, basically because he doesn't like the drunkard's drunkenness and he knows he would win in a "my word against his" scenario, even though it would be a lie. Which is, of course, far more shameful than having some alcohol under any peaceful circumstance.

DrTodd wrote:
If you want to stand in front of a judge and try to explain why you killed someone while you were barely able to stand, go right ahead. I wish you the best...
Better to be judged by 12 than carried by 6.

DrTodd wrote:
But for me, I accept the responsibility that comes with my rights and choose to carry only when I am sober.
Good for you. So does any person who lives his whole life without aggressing against another, regardless of whether he might have at one point (or daily) carried while intoxicated.
Willfully carrying in such a state is, in my opinion aggressive.


DrTodd wrote:
Since the first step is interpretive, I interpret it to be unnecessary and exceedingly dangerous....my sober show of force versus your drunken show of force... and the winner is???? Do you really want to put yourself in the situation?
Using the word "versus" may have clouded the issue: a show of force while sober COMPARED to a show of force while drunk.

My aforementioned points still stand. Your argument of "Better to be judged by 12 than carried by 6" doesn't quite go far enough... I would add that it is better to be judged by 12 for using a firearm while sober than to be judged by 12 for using a firearm while drunk.

Since I won't drink and carry, I guess I really don't need to be concerned about the issue. Perhaps when CA finally gets "real" concealed carry and "real" open carry (not unloaded OC like you have now), you will have the ability to have a designated "carrier" much like a designated driver such as my friends and I ... (actually all are either OCer's or CCer's and the DD is the one who carries)
 

marshaul

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DrTodd wrote:
Willfully carrying in such a state is, in my opinion aggressive.
Clearly, you view this to be as dangerous as firing bullets randomly in a populated area. I recognize that there is still room for responsibility with the inebriated armed person, while the man randomly discharging rounds in a populated area has already begun dangerous behavior. I maintain that as long as the person is sober enough to keep the gun where it belongs, no aggression has occurred as there is as yet no danger to anybody.


DrTodd wrote:
Since I won't drink and carry, I guess I really don't need to be concerned about the issue.  Perhaps when CA finally gets "real" concealed carry and "real" open carry (not unloaded OC like you have now), you will have the ability to have a designated "carrier" much like a designated driver such as my friends and I ... (actually all are either OCer's or CCer's and the DD is the one who carries) 
Perhaps, when I go to my second home in Virginia, I will drink while armed since it isn't illegal and I have enough self-control to drink without being inebriated. Oh, wait, I have done this without harming or in any way aggressing against another. In my own case I worry more about arbitrary limits; as long as my behavior is the rubric I will be fine since I am always well-behaved as I never get drunk (at least in public). Why this standard should be too lax is beyond me. It's just right, and how a free society is intended to operate.
 

Rogue9er

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marshaul wrote:
Rogue9er wrote:
The level of legal nitpicking in this thread is worthy of the antis, as is the mindset that is causing it. I am unimpressed.
Hey, you started it. I'm trying to defend your position, as it is a fine one. Sorry if my methods or arguments remind you of the "antis". :)
Less so you, lol. I just try to avoid microregulation, there are too many what ifs in the law these days.

Looking at the fundamentals is what's important. No matter a person's condition, they should have a right to defend themselves. In a free society, we cannot dictate when a person is or is not capable of doing so. If a person thinks that they can possess a weapon without employing it wrongly, then it is not for us to judge. What's more, even if people are known to drink to excess, it is no reason to deprive them of a basic right.

What's more, intoxication is a subjective scale. What might have one person on the ground might be a light buzz for another. How can the law judge? As many experiences with my great-grandfather have shown, some people can shoot just fine no matter how much they'd been drinking. Another situation is someone who had been carrying throughout the day, but has some beginning-of-weekend drinks (possibly more than planned) on the way home. Should he have had to leave his gun at home that day?

Should marijuana be legalized, the same principles apply. If a person is confident he can tell a genuine threat from a scary sound and an imagined monster while smoked down, by all means, carry on.

A person should only be prosecuted for the harm that they cause, or the danger that they place upon others. A holstered weapon, as we so often repeat, is no threat to anyone. If a carrier who has drank or smoked is attacked and defends himself properly, why complain? If a person threatens with a pistol or attacks someone, what does it matter whether the motive was alcohol induced rage or just plain rage/stupidity? Actions count. Anything else starts to resemble hate-crime legislation.

As has been said, driving does seem different, since the motor skills required at all times are no longer available. More importantly, perhaps, is that driving is not a right (probably :uhoh:). Self defense and having the tool to do the job is, by contrast, a God-given right.
 

marshaul

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Rogue9er wrote:
A person should only be prosecuted for the harm that they cause, or the danger that they place upon others. A holstered weapon, as we so often repeat, is no threat to anyone. If a carrier who has drank or smoked is attacked and defends himself properly, why complain? If a person threatens with a pistol or attacks someone, what does it matter whether the motive was alcohol induced rage or just plain rage/stupidity? Actions count. Anything else starts to resemble hate-crime legislation.
Some people live in such hysterical fear of their fellow man that this is too much for them. Seems eminently reasonable to myself.
 

Veritas

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Let me just bottom line my position before I call it quits on discussing it further:

1) If I'm carrying an UNLOADED gun in a holster, while drinking, even if I never so much as TOUCH it... have I committed a crime according to Michigan law? Yes.

2) If I'm carrying car keys in my hand on my way out of a bar, while stumbling towards my car, with every intent to get behind the wheel of that car and drive... have I committed a crime according to Michigan law? No.

3) If I'm sitting in my home office, drunk as a skunk, surrounded by 12 assault rifles, 3 shotguns, 8 pistols, and 5600 rounds of ammunition... have I committed a crime according to Michigan law? No.

Looking over these three scenarios, please be so kind as to explain why the first one is a crime but the latter two are not. The word "public safety" should never cross your lips... because it is obvious which two pose the public risk and which one does not.

The fact that you can carry car keys in your hand towards your car while drunk, but cannot carry an unloaded pistol in the same capacity, suggests that CONTROL is the issue... not safety.
 
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