Just a thought


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xiph0s
November 19, 2008, 08:05 AM
I was doing a little reviewing of NC concealed handgun law after a discussion with a fellow CHL holder. In re-reading the law I noticed some irony that i didnt notice the first time around.

You may not, with or without a permit, carry a concealed weapon while consuming alcohol or while alcohol or any substance, controlled or otherwise is in your blood unless the substance was obtained legally and taken in therapeutically appropriate amounts.

So according to the law it is illegal to carry concealed or otherwise when there is any alcohol in your blood stream, yet, it is perfectly legal to operate a car with a BAC of up to 0.08. Statistically speaking, cars (driven by an individual) kill more people each year than handguns do.

In this country, wouldnt it be possible for a really good defense attorny to argue that because said defendant was 21 and obtained his alcohol legally and it was taken in a "therapeutic" amount over dinner that he was not in fact breaking the law if there was a single beer in his system?

Granted, im not worried about how this particular law applies to me because I am a most law-abiding when i carry. I just found the verbage to be entertaining.

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m38shooter
November 19, 2008, 08:25 AM
The wording is kind of sketchy, but I'm fairly certain that a prosecutor just out of law school would be able to convince most juries that "obtained legally and taken in therapeutically appropriate amounts" would apply to prescription drugs rather than alcohol.

xiph0s
November 19, 2008, 08:32 AM
that part was meant to be taken in jest. though the wording is super sketchy and ironic.

m38shooter
November 19, 2008, 08:42 AM
Most concealed carry laws are worded oddly. I think that it's partly to make those who carry do research so they understand the laws more deeply and partly to collect more revenue from the ones who don't feel the need.

Here in Ohio we've been fighting sketchy wording in the concealed carry statutes for a few years now and finally starting to make some progress.

zminer
November 19, 2008, 08:54 AM
An alternate possibility would be that it's referring to situations in which, for example, someone takes cough medicine (or whatever) which has some amount of alcohol content. That way you can't get arrested and lose your license for having a 0.01 after drinking some Vicks.

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