redq23
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imported post
Any one know the Laws or a general idea about carring while under the influence?
Any one know the Laws or a general idea about carring while under the influence?
in PA, there is no statute or law making it illegal to be drunk and armed. basically, if you get picked up for being drunk in public, the worst that can happen is that get charged for public intoxication, and maybe disorderly conduct.being armed won't excacerbate the charges, or at least shouldn't.
a few years ago, a friend asked me the same thing. he was out drinking, while carrying a gun, and had the sense enough to not drive home. he walked to a gas station to call a cab. an attendant saw him, and noticed his gun, so he called the police. they showed up, arrested him, took his gun and license, and let him go the next day. he was charged with the offenses i already listed, plus being a public menace, brandishing a firearm, possession of a weapon while intoxicated (which isa nonexistant law), and public nuisance.
he, and the officer, were dumbfounded when the judge dismissed all but the PI charge, which was a small fine. the officer even argued with the judge, not believing it wasn't illegal to be drunk and armed. he got his things back, and got a better concealment holster.
so, yes, it's perfectly legal to be hammered and carry. is it smart? maybe not. i don't drink, so i don't worry about it.
good catch. yeah, i knew that. i told my buddy this as he was telling me this story. the judge also mentioned the "brandishing" law was nonexistant, along with public menace. basically, the officer just made up a bunch of statutes he thought should exist.jahwarrior72 wrote:in PA, there is no statute or law making it illegal to be drunk and armed. basically, if you get picked up for being drunk in public, the worst that can happen is that get charged for public intoxication, and maybe disorderly conduct.being armed won't excacerbate the charges, or at least shouldn't.
a few years ago, a friend asked me the same thing. he was out drinking, while carrying a gun, and had the sense enough to not drive home. he walked to a gas station to call a cab. an attendant saw him, and noticed his gun, so he called the police. they showed up, arrested him, took his gun and license, and let him go the next day. he was charged with the offenses i already listed, plus being a public menace, brandishing a firearm, possession of a weapon while intoxicated (which isa nonexistant law), and public nuisance.
he, and the officer, were dumbfounded when the judge dismissed all but the PI charge, which was a small fine. the officer even argued with the judge, not believing it wasn't illegal to be drunk and armed. he got his things back, and got a better concealment holster.
so, yes, it's perfectly legal to be hammered and carry. is it smart? maybe not. i don't drink, so i don't worry about it.
Bolded also a nonexistent law in PA... but you knew that.