Under the influence......

[vzdude]

What if any, Indiana laws, prohibit a legal person of possessing or using a firearm for self defense ( or any other legal purpose for that matter ) if under the influence of any kind legal or illegal? (obvious the illegal use would itself be illegal, but how would it affect carrying?)

NOTE: I do not condone or partake in using firearms while intoxicated or influenced for that matter!

Just trying to settle a debate with a local LEO, and cant find anything in writing.

And yes....I searched, and searched, and searched!

 

[Denny347]

This is all there is in reference to alcohol and firearms. Nothing close to what you ask....so it's quite legal.

IC 35-47-4-1
Delivery of deadly weapon to intoxicated person
Sec. 1. A person who sells, barters, gives, or delivers any deadly weapon to any person at the time in a state of intoxication, knowing him to be in a state of intoxication, or to any person who is in the habit of becoming intoxicated, and knowing him to be a person who is in the habit of becoming intoxicated, commits a Class B misdemeanor.
As added by P.L.311-1983, SEC.32.

 

[AndersonIN]

The situation is the determining factor. If you were sober would you have been legally able to defend yourself with a firearm. If yes you're fine. If NO you are now FURTHER up a long s@#$ty Creek!

 

[ghitch75]

seen a sale at a LGS to someone drinkin'......

 

[AndersonIN]

Did the OP have any thing to do with selling or purchasing a weapon will under the influence?

 

[vzdude]

No sale involved. Simply carrying or used in self defense scenario.

 

[Kirk Freeman]

What if any, Indiana laws

There is a federal law that makes one a prohibited person if one is using controlled substances.

Perhaps the LEO is confusing federal law with state law? This is a common mistake, and easy to make.

 

[vzdude]

It was funny....it all started out ( we are good friends mind you ) when he said I couldn't be carrying at a town owned community center function. When I showed him the IC showing that it is no longer allowed to be barred from public properties other than schools and buildings that house courtrooms, he came back later saying since he was a county LEO, he couldn't enforce town ordinances. It is just a peeing contest is all, but I intend on winning!

 

[AndersonIN]

If I'm sitting in my home and someone breaks in and I'm legal to take their life sober what has changed if I had 1 beer? 2 beers? 3 beers? Where do my rights to defend myself stop?


Now will a prosecutor attempt to prove otherwise? Maybe. Maybe not.

 

[Indy_Guy_77]

seen a sale at a LGS to someone drinkin'......

No offense... But...so?

 

[daddymikey1975]

If I'm sitting in my home and someone breaks in and I'm legal to take their life sober what has changed if I had 1 beer? 2 beers? 3 beers? Where do my rights to defend myself stop?


Now will a prosecutor attempt to prove otherwise? Maybe. Maybe not.

As you may well know, the situation could be much different if you're not at home. I believe if we act in self defense at home, things coupd go much more smoothly vs an encounter anywhere else. While I don't agree that things should be this way, I feel that it is. (not based on anything solid, just a hunch)

And, for the record, I certainly don't find fault with your logic

 

[AndersonIN]

As you may well know, the situation could be much different if you're not at home. I believe if we act in self defense at home, things coupd go much more smoothly vs an encounter anywhere else. While I don't agree that things should be this way, I feel that it is. (not based on anything solid, just a hunch)

And, for the record, I certainly don't find fault with your logic

It always comes down to did YOUR actions prior and during the altercation (no matter where or what) aggravate the situation. If they did 'Then you got some splaining to do Ricky!".

This is why you need a lawyer that understands the 2nd amendment and Indiana law and not just someone practicing law!

 

[IndyGunSafety]

I once had a copy of the Indiana carry bill as originally proposed. I posted it here on INGO ages ago. The very last section had a blood alcohol limit as related to carrying a handgun. That section of the bill never made it into law. There is no reference to carrying while under the influence of ETOH. However public intox IS a crime, and your judgement will come in to question at some point if you get involved in a defense shooting after drinking.

While not advised, it's perfectly legal to drink at a bar while openly carrying or concealing your handgun. Is this smart? We all have to make our own decisions. But Indiana actually left common sense up to the law abiding citizen! IMAGINE THAT! And the blood is not flowing in the streets.

 

[AndersonIN]

I once had a copy of the Indiana carry bill as originally proposed. I posted it here on INGO ages ago. The very last section had a blood alcohol limit as related to carrying a handgun. That section of the bill never made it into law. There is no reference to carrying while under the influence of ETOH. However public intox IS a crime, and your judgement will come in to question at some point if you get involved in a defense shooting after drinking.

While not advised, it's perfectly legal to drink at a bar while openly carrying or concealing your handgun. Is this smart? We all have to make our own decisions. But Indiana actually left common sense up to the law abiding citizen! IMAGINE THAT! And the blood is not flowing in the streets.

Well you just wait until they allow carrying in the National and State Parks!!! Then you'll see BLOOD FLOWING IN THE STREETS!!!!

 

[ghitch75]

No offense... But...so?

IC 35-47-4-1
Delivery of deadly weapon to intoxicated person
Sec. 1. A person who sells, barters, gives, or delivers any deadly weapon to any person at the time in a state of intoxication, knowing him to be in a state of intoxication, or to any person who is in the habit of becoming intoxicated, and knowing him to be a person who is in the habit of becoming intoxicated, commits a Class B misdemeanor.
As added by P.L.311-1983, SEC.32.
__________________

 

[vzdude]

IC 35-47-4-1
Delivery of deadly weapon to intoxicated person
Sec. 1. A person who sells, barters, gives, or delivers any deadly weapon to any person at the time in a state of intoxication, knowing him to be in a state of intoxication, or to any person who is in the habit of becoming intoxicated, and knowing him to be a person who is in the habit of becoming intoxicated, commits a Class B misdemeanor.
As added by P.L.311-1983, SEC.32.
__________________

I interpret that as in a sale, or loaning a gun to someone, not as to actually using it.

Also, I think the illegal substance is a moot point, and we'll stick to alcohol for the sake of argument. I would think that if one were impaired enough to affect judgement, that they would also be impaired enough to affect shot placement! Would that be a valid defense? No.... Really!

 

[AndersonIN]

IC 35-47-4-1
Delivery of deadly weapon to intoxicated person
Sec. 1. A person who sells, barters, gives, or delivers any deadly weapon to any person at the time in a state of intoxication, knowing him to be in a state of intoxication, or to any person who is in the habit of becoming intoxicated, and knowing him to be a person who is in the habit of becoming intoxicated, commits a Class B misdemeanor.
As added by P.L.311-1983, SEC.32.
__________________

Think they were trying to say.............What does this have to do with the OP???

Last night my wife took off her weapon prior to having a glass of wine! OK? But doesn't answer the OP.

 

[vzdude]

Sorry ghitch75.... Missed the quote at the beginning of your post. Dang small screen on my phone! Lol

 

[Indy_Guy_77]

IC 35-47-4-1
Delivery of deadly weapon to intoxicated person
Sec. 1. A person who sells, barters, gives, or delivers any deadly weapon to any person at the time in a state of intoxication, knowing him to be in a state of intoxication, or to any person who is in the habit of becoming intoxicated, and knowing him to be a person who is in the habit of becoming intoxicated, commits a Class B misdemeanor.
As added by P.L.311-1983, SEC.32.
__________________

Having A drink generally wouldn't preclude the sale, barter, giving, or delivery.

Intoxication is the threshold.

-J-

 

[AndersonIN]

Having A drink generally wouldn't preclude the sale, barter, giving, or delivery.

Intoxication is the threshold.

-J-

That would be up to debate. You are either NOT in a "State of Intoxication" or you ARE in a "State of Intoxication". Being "in a STATE" does not give limits to be above or below.

One "drink" of whiskey would put me into a GREAT state of "intoxication" (have never drank) While my grandfather would have never noticed that you had removed his glass of water until the 3rd drink!