Consequences for Carrying while intoxicated?

[Ed45]

Here in Virginia, a friend was recently threatened by a man who left his home intoxicated with a 1911 on his hip determined to shoot him. Thankfully the drunk's wife called the police and they arrested him. We were wondering what that charge would be (reckless endangermant?) and what the consequences would be. We think the drunk was a CCW holder. Anyone shed some light on this? Thanks, Ed

 

[mete]

To threaten , drunk or sober, would be reckless endangerment.The drunk part would add to the problems [public intoxication etc ] and probably all the charges would be cause to lift his permit.

 

[Bubbles]

VA Code on Concealed Carry

J1. Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor. Conviction of any of the following offenses shall be prima facie evidence, subject to rebuttal, that the person is "under the influence" for purposes of this section: manslaughter in violation of § 18.2-36.1, maiming in violation of § 18.2-51.4, driving while intoxicated in violation of § 18.2-266, public intoxication in violation of § 18.2-388, or driving while intoxicated in violation of § 46.2-341.24. Upon such conviction that court shall revoke the person's permit for a concealed handgun and promptly notify the issuing circuit court. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.

 

[ctdonath]

Rochester NY: illegal to have a blood alcohol level greater than 0.01%. Refusal to take breathalyzer test while carrying is considered proof of violation.

 

[Steve in PA]

In PA, he'd end up getting his permit yanked.

 

[Jeeper]

In PA, he'd end up getting his permit yanked.

I think most states are like that also.

 

[bakert]

A person with a carry permit that gets drunk and threatens to shoot someone regardless of the reason has no business carrying a gun. He's a threat to anyone near him. It also gives the anti gun people more ammo for their agenda. I'm not sure a 5 year suspension is long enough. That permit is for self defence only!! Not sure about all states but would imagine the laws are similar.

 

[TearsOfRage]

In NH, its legal to carry no matter how intoxicated you are.

It is illegal to threaten someone in any case.

 

[timuchin]

In Minnesota, ...

CCW card says right on the back of it "Not valid while consuming alcohol".

 

[hightech]

Va Code

I think the law is pretty clear on this. Just go to the code on line or Virginia1774.

 

[stevelyn]

In Alaska he would be charged under Misconduct Involving Weapons for being in possession of a firearm while intoxicated and Assault for placing a person in fear by words or conduct. I'm sure I could dig through Title 11 and come up with a couple of other charges.

Then again, up here there's a higher chance he's likely to threaten the wrong person. In that case none of the above charges would apply because he'd be getting dirt shoveled on him.

 

[joelr]

The writing on the (former) Minnesota permits doesn't have any statutory support, and didn't mean anything.

That said, due to the repassage of the MCPPA, CWI is now, again, a crime.

 

[centac]

Carrying while intoxicated is inexcusable. The gun-totin' public needs to self-police this kinda stuff.

 

[Standing Wolf]

The gun-totin' public needs to self-police this kinda stuff.

Frankly, I believe I'd be happier with the real police policing that sort of behavior.

 

[bubbygator]

My mother said... "You'll shoot your eye out!"

 

[thorn726]

this makes me ask something i been wondering awhile- what about some of you who live way out in nowhere- ever go out to the woods to shoot targets and have a few beers?
i dont drink myself, but i could see it happening and not be that big a deal, a little different from carrying in public, not llike going into a bar where there might be a brawl or whatever.
just wondernig what you guys think.

i think the no consuming while carrying concealed is a good idea for sure though

 

[Erich]

Here in NM, it's Negligent Use of a Firearm, a petty misdemeanor. He'd get his carry license yanked, and - as of July 1 - he'd forfeit the firearm.