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Old April 1, 2010, 04:17 PM   #1
Rhetoric Camel
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NY state Guns and Drinking Law

I have heard about Mayor Bloomberg's new law in NY about carrying firearms if you've been drinking: http://dnainfo.com/20100204/manhatta...bloomberg-says

My question is, is this law in effect yet? I read somewhere else that they will not be enforcing it on hunting grounds and shooting ranges. So does this mean in a local sandpit where people shoot we can still drink and shoot guns? I'm not looking to get hammered while I'm shooting, but I do like to drink one or two beers while I'm out and don't want to take any chances of getting in trouble for having a gun on me. Is this for just hand guns or do all guns fall under this law?

I haven't found much more information other than the link I posted to above so I'm wondering if anyone on here has any idea about the law.

Thanks.
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Old April 1, 2010, 07:19 PM   #2
WoofersInc
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Quote:
I'm not looking to get hammered while I'm shooting, but I do like to drink one or two beers while I'm out and don't want to take any chances of getting in trouble for having a gun on me. Is this for just hand guns or do all guns fall under this law?
Boy I hope you have your Nomex underwear on because it is about to get really hot around here for you. You will find that most gun people have zero tolerance for alcohol and guns at the same time. Most even refuse to have a drink while cleaning their guns. Brace for impact.

From what I read, as long as you stay under the .08 limit you remain legal.

I'm in Nevada and we actually have a limit of .10 while carrying.
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Old April 1, 2010, 08:10 PM   #3
Brian Pfleuger
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Bloomberg is not the mayor of "New York".

New York doesn't have a mayor.

Bloomberg is mayor of New York CITY.


There are no "sandpits" where any shooting could legally take place within the jurisdiction of Mayor Bloomberg. I also doubt that there are any "hunting grounds" within his jurisdiction. The only places that firearms are allowed where "he" has any say about anything at all are sanctioned ranges.


Regardless, I am one of those with zero tolerance for mixing alcohol and firearms. Problem solved.
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Old April 1, 2010, 08:51 PM   #4
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Besides being an incredibly STUPID idea, guns and alcohol together are DANGEROUS!

Have a couple after the guns are put away, much safer and smarter.

On a practical note, having a separate law about carrying a gun while drinking or drunk simply gives them one more charge to throw at you when you get caught, hopefully before you do something stupid(er), harmful and life changing, or worse, life ending.

Bloomberg is mayor of NYC, and his legal authority ends there, although his influence carries much further. I cannot see any sane individual who has gone through what it takes to legally own and carry a firearm within Bloomberg's sphere of influence doing something so insanely stupid as carrying after or while drinking.

I'm sure the aim of any such extra law is to be able to add an additional charge against those who carry illegally in NYC.

Certain pop stars and sports figures (or people with them) have been caught with guns while nightclubbing over the years, usually with alcohol being involved. And many other people that don't make the news as well. I don't see how another law to reward such stupidity is entirely a bad thing.
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Old April 1, 2010, 09:55 PM   #5
johnwilliamson062
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Quote:
You will find that most gun people have zero tolerance for alcohol and guns at the same time.
I really don't think this is true at all. The world would likely be a better place if it was, but I think the true statement would be that gun people who are serious enough to be on a forum as much as most of us are, who are trying to shoot sub .5MOA groups, etc don't have a tolerance. Most of the gun people I have met in the real world have a tolerance for alcohol use while shooting about the same as their tolerance for alcohol use while driving. This consists of "I don't drink and drive. EVER." Three to four beers later "I'm hungry lets go get something to eat. I am fine to drive."

Part of the reason I have learned to avoid ranges when other people are there unless I know them.
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Old April 10, 2010, 03:07 PM   #6
ADB
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Quote:
Bloomberg is not the mayor of "New York".

New York doesn't have a mayor.

Bloomberg is mayor of New York CITY.
Thank you! As a resident of western New York, I habitually want to bop over the head people who can't tell the difference between NYC and the rest of the state. NYC and upstate NY both have their ups and downs, but they're simply NOT the same thing, and some people can't tell the difference between them.

And yeah, I'll chime in to second the statement that booze and guns don't mix. When you're carrying a deadly weapon, anything that affects your perceptions and level of precaution can be dangerous. Hell, I've taken over the counter decongestants that I wouldn't want to be using while carrying a gun.
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Old April 10, 2010, 03:19 PM   #7
mete
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And if you have to use your gun and are under the influence you'll have lots of fun in court !!! Can anyone tell me the NYS rules about being in a bar and carrying ?
NY City has extra rules including confiscating guns ,and charging , for people who are taking a flight somewhere that happens to make a stop in NYC !
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Old April 10, 2010, 03:44 PM   #8
Brian Pfleuger
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Quote:
Originally Posted by mete
Can anyone tell me the NYS rules about being in a bar and carrying ?
There are none that I am aware of. Some parts of NY can be a PITA to get a permit but, once you have it, the restrictions are often very minimal and NY can be more "gun friendly" than many states that are reputed to be "gun friendly".

Basically, federal buildings, state buildings and schools are off limits. Besides that, there are very few other restrictions.
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Old April 10, 2010, 06:14 PM   #9
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If you happen to be in Florida, they did go that extra step to make "using" a firearm while "under the influence" illegal.

Quote:
790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.--

(1) As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

(2) For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand.

(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(5) This section does not apply to persons exercising lawful self-defense or defense of one's property.
Notice the exemption in #5.
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