Interesting NYS Case

[TAC]

I may be out of line here, but I do not see anything indicating that the individual was drunk. He may have been, I do not know, but based on what was stated the individual did have some drinks while in possession of a firearm (I do not know whether or not that is legal in NYS). But nowhere does it indicate whether or not he was intoxicated, just that he had been drinking. I know that I am not drunk after a drink. Not even after several drinks if I have been eating and the drinks are spread out over a longer period of time (of course, I also do not carry if I am drinking – even just one drink).

As to the pot smoking… that is an entirely different matter.

Would I advocate him losing his firearm, or even his permit? Not based on this. It would take a lot more detail along with an explanation of the applicable laws before I would even consider taking away somebodies constitutionally guaranteed rights.

[CharonPDX]

As William Blackstone said: "Better that ten guilty persons escape than that one innocent suffer." That is what our legal system is based on.

[BC1]

I may be out of line here, but I do not see anything indicating that the individual was drunk. He may have been, I do not know, but based on what was stated the individual did have some drinks while in possession of a firearm (I do not know whether or not that is legal in NYS). But nowhere does it indicate whether or not he was intoxicated, just that he had been drinking. I know that I am not drunk after a drink. Not even after several drinks if I have been eating and the drinks are spread out over a longer period of time (of course, I also do not carry if I am drinking – even just one drink).

As to the pot smoking… that is an entirely different matter.

Would I advocate him losing his firearm, or even his permit? Not based on this. It would take a lot more detail along with an explanation of the applicable laws before I would even consider taking away somebodies constitutionally guaranteed rights.

The individual made an admission against his penal interest while being questioned on the side of the road. He told the LEO he was drunk. He readily admited that to me as well. Plus, he was caught smoking the joint. He thought it was funny. NYS has no firearm law regarding alcohol but carrying a firearm while drunk can be construed as reckless behavior.

[Deserteagle]

Now the question... should the passenger be able to retain his guns? Is he a danger to society as he's drunk while carrying. Should there be a law against doing so?

Not quite sure what the punishment should be, but carrying a deadly weapon while under the influence of marijuana and alcohol is plain stupid. What an idiot.