Friday, September 14, 2018

Question: Carrying vs. Using a firearm while under the influence


This is specific to SC, but I wonder if other states have similar issues.Got into a discussion with a friend about this and the answer is not actually that clear. According to USA Carry, you cannot carry a concealed weapon if you drink:You must not consume alcoholic liquor, beer, or wine while carrying a concealed weapon. You may carry in places that serve food or alcohol. USA Carry always recommends never to carry a firearm while drinking alcohol. Anyone caught drinking alcohol while carrying concealed will get their permit revoked for five years, plus face up to two years in prison and a $2,000 fine.However, the actual statute and SLED regulation talks about "use of a firearm" like this:SECTION 23-31-400. Definitions; unlawful use of firearm;  violations.(A) As used in this article:   (1) “Use a firearm” means to discharge a firearm.   (2) “Serious bodily injury” means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.(B) It is unlawful for a person who is under the influence of alcohol or a controlled substance to use a firearm in this State.(C) A person who violates the provisions of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not more than two years.(D) This article does not apply to persons lawfully defending themselves or their property.I could (and do) read that as being silent on the question of carrying a firearm while under the influence.OF COURSE YOU SHOULD NEVER MIX ALCOHOL WITH GUNS. I get that. I'm not advocating, nor will I personally, ever mix the two. But I am wondering if anyone knowledgeable knows if there's a difference here.Because of (D) above, if you do have a beer, and you're carrying, but then you get attacked by a bad guy and you use your gun to defend yourself, there is no unlawful use of your firearm. And the law IS silent on simply carrying while drinking/under the influence.What do y'all think? via /r/CCW https://ift.tt/2NGt7cJ

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