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Does the state have a BAC for determining intoxicated to carry?
Now that would make sense. I don't know if they still do it here but I have seen someone have BAC checked because They had been drinking and were carrying. Guy got into a "thing" at work, LEO's came because he had a gun. Bottom line the LEO's who showed asked him if he had had anything he said yes, they got their portable BAC and had him blow. He was under but did show he was close, they let it go.Years ago, when NYPD had the policy of every officer being armed 24/7, the IACP gave the policy guideline that if an officer was legal to drive, he was legal to carry a weapon.
No, that only applies to he/xes and the pregnantsMy body my choice... right?
Didn't realize the castle law wasn't valid with alcohol. Going to be a difficult one to enforce seeing how a home can't be entered without a warrant unless an emergency or a LEO sees or witnesses a crime being committed! The only other is an arrest warrant for the person inside. Will he have to read rights from the street or at the door? Just how will they be able to determine DRUNK unless a crime, and it will probably have to be a felony has been committed. They wouldn't even have to submit to a test until arrested. Sounds like a bunch of holes and it would have to be at a felony level like a Domestic Dispute charge physical!
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However, in Ohio, arguments are gearing up to determine whether drinking at home should make use of a firearm illegal.
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Clearly being intoxicated with a FA is stupid. But illegal ?
How can you say for certain that you were in imminent danger, if your judgement was impaired?
What level intoxication? Cold medicine?, blow .08 ? Pot?
One to follow. Feb 25th, 2020.
2019-0544 State of Ohio v. Fredrick M. Weber