Carrying while intoxicated

Discussion in 'Places Off-Limits' started by markdhudgins, Apr 6, 2014.

  1. markdhudgins

    markdhudgins New Member

    1
    0
    0
    What is the OCGA on this? I've seen the part about discharge of a firearm while intoxicated (anything above .08 bac) but I can't seem to find anything about this. To elaborate my reasoning, I like to have a beer or two with dinner, and want to carry when I'm out (especially when parking on street in ATL and walking to destination)- I just don't want to wind up barely over the limit when I'm carrying and risk my license over it.
     
  2. mountainpass

    mountainpass Under Scrutiny

    19,368
    29
    48
    There is no law agin it.
     

  3. Adam5

    Adam5 Atlanta Overwatch

    13,611
    156
    63
    You can't find a law against drinking and carrying because there isn't one in GA.


    Sent from my iPhone using Georgia Packing
     
  4. Fallschirmjäger

    Fallschirmjäger I watch the watchers

    12,835
    63
    48
    It falls into the same category as carrying cay keys while being drunk as a skunk. While it's illegal to operate a vehicle/discharge a weapon*, there is no law against having the means to do so in one's possession.
    (*EXCEPT in self defense)

    The code prohibiting discharging a weapon is 16-11-134.
    The code prohibiting driving an automobile is 40-6-391.
     
    Last edited: Apr 7, 2014
  5. GoDores

    GoDores Like a Boss

    3,034
    85
    48
    Fixed.

     
  6. Fallschirmjäger

    Fallschirmjäger I watch the watchers

    12,835
    63
    48
    Thanks, GoDores, funny how the absence of one little word entirely changes things isn't it?:oops:
    In my defense, my coffee still wasn't ready, at the time I posted.
     
  7. gunsmoker

    gunsmoker Lawyer and Gun Activist

    27,499
    661
    113
    interesting twist

    Interesting twist on that law against discharging a gun under the influence.

    Like the DUI law, it's got a "per se" way to violate it, and a "less safe" way to violate it. Either one leads to conviction, so this basically gives the State two bites at the apple. If they can't prove one, they'll have a chance to try to prove the other, since both are normally charged together from one incident if there's a chemical test of somebody's blood, breath, or urine.

    And like the DUI law, it's not just about booze. It can be violated with street drugs, or prescription drugs, even ones that you have been prescribed and are taking exactly as the doctor instructed you to take them.

    BUT LOOK AT THE DIFFERENCE IN HOW THE LAW TREATS THESE THINGS when it comes to the SELF-DEFENSE EXCEPTION:

    If you take a drug that's legal but potentially intoxicating, the state can't use the "per se" prong on you. They have to prove "less safe." So just having some show up in your blood (or urine) isn't enough. The State has to prove you were rendered incapable of operating a gun safely. If you aren't impaired from the drug, you didn't break this law.

    BUT IF YOU TAKE a drug that's NOT LEGAL, or not prescribed to you, and it has NO effect on your ability to operate a gun safely, you STILL face conviction for having any amount or trace byproduct of that drug in your system. Even if there was no impairment.

    Equal protection violation? Similarly situated non-impaired drivers taking the same pill, let's say the same 20 mg dose of Oxycontin, get treated very differently. Both shoot an intruder coming into their home one night a few hours after they each took that pill. One remains a free person with no charges, and the other is charged with a gun crime just because the pill wasn't prescribed to her. She may also face the drug charge, too.

    The DUI law on which this "discharging a firearm under the influence" law was based was found to be unconstitutional in how it treated legal and illegal drug use of the exact same substances so differently.
     
  8. CoffeeMate

    CoffeeMate Junior Butt Warmer

    46,427
    9
    0
    (Can't hardly wait to see the troll mom hysteria on this one)
     
  9. EJR914

    EJR914 Cheezburger Operator

    44,830
    186
    63
    So all you country boys, don't you dare have a beer and then try to shoot some skeet with your buddies. :roll:
     
  10. g35

    g35 Great American peckerwood

    2,387
    0
    36

    :cheers::cheers::cheers:
     
  11. Scout706

    Scout706 Well-Known Member

    3,589
    29
    48
    But the beer helps me shoot better. . .
     
  12. windyjohn

    windyjohn New Member

    879
    1
    0
    So wait, heres a situatio. Lets say i have 6-8 beers maybe more as has been known to happen, in my home and that night someone breaks in...essentially im screwed
     
    Last edited: Apr 7, 2014
  13. g35

    g35 Great American peckerwood

    2,387
    0
    36



    Not at all. Your good to go. If its self defense your fine.
     
  14. windyjohn

    windyjohn New Member

    879
    1
    0
    Is this the case or not
     
  15. windyjohn

    windyjohn New Member

    879
    1
    0
    Nevermind read the fixed post...got to read thungs through a little bit
     
  16. jlw253

    jlw253 Member

    798
    0
    16

    Ah Night Skeet. One of my favorite things to do with family.
     
  17. g35

    g35 Great American peckerwood

    2,387
    0
    36
    Windyjohn, what is the confusion? If you have a couple beers and someone threatens your well being, you are not disallowed to defend your self with a fire arm just because you have alcohol in your system. Period.
     
  18. g35

    g35 Great American peckerwood

    2,387
    0
    36

    Sicko!
     
  19. FS92

    FS92 Banned

    89
    0
    0
    You mean I can't drink beer and hunt snipe in my haunted pecan orchard at night anymore?
     
  20. windyjohn

    windyjohn New Member

    879
    1
    0
    Please read my second post...when i originally read the post it hadnt been fixed yet...