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11 members (dave260rem!, SnipeHunter, inatree, MoeBuck, Bulls eye, AMB, Jweeks, fish251, 3 invisible),
897
guests, and
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Key:
Admin,
Global Mod,
Mod
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Joined: Feb 2007
Posts: 26,591 Likes: 166
Freak of Nature
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Freak of Nature
Joined: Feb 2007
Posts: 26,591 Likes: 166 |
What’s the deal with a firearm and being intoxicated or drinking and being in possession of?
How does all that play out, cases matter or open to interpretation
“Socialism only works in two places: Heaven where they don't need it and hell where they already have it.” ― Ronald Reagan
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Joined: Jan 2001
Posts: 29,728 Likes: 165
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 29,728 Likes: 165 |
Depends on the local prosecutors, judges, etc. Used to be sheriff too when your permit very clearly stated it was invalid if you were intoxicated. I never really knew a time it was enforced though.
Lord, please help us get our nation straightened out.
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Joined: Jun 2013
Posts: 57,352 Likes: 113
Freak of Nature
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Freak of Nature
Joined: Jun 2013
Posts: 57,352 Likes: 113 |
Remember Doekiller answering this in several times
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Joined: Feb 2007
Posts: 26,591 Likes: 166
Freak of Nature
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Freak of Nature
Joined: Feb 2007
Posts: 26,591 Likes: 166 |
Remember Doekiller answering this in several times I’d forgot or couldn’t remember if. LoL A friend just made mention but also made me wonder no that you don’t have to have a permit if that changed or what
“Socialism only works in two places: Heaven where they don't need it and hell where they already have it.” ― Ronald Reagan
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Joined: Aug 2003
Posts: 44,380 Likes: 28
Freak of Nature
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Freak of Nature
Joined: Aug 2003
Posts: 44,380 Likes: 28 |
LUCK:::; When presistence, dedication, perspiration and preparation meet up with opportunity!!!
- - - - - - - -A government big enough to give you everything you want, is big enough to take everything you have. Thomas Jeferson - - - - - - - -
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Joined: Jun 2013
Posts: 57,352 Likes: 113
Freak of Nature
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Freak of Nature
Joined: Jun 2013
Posts: 57,352 Likes: 113 |
Remember Doekiller answering this in several times I’d forgot or couldn’t remember if. LoL A friend just made mention but also made me wonder no that you don’t have to have a permit if that changed or what You know good question too bad he isn't on here to answer (know we have few more on here) but i recall him always saying there was no law that said you couldn't be in possession of a firearm while intoxicated, but yeah we all know that your cc permit says it's invalid if intoxicated...
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Joined: Feb 2008
Posts: 3,275
10 point
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10 point
Joined: Feb 2008
Posts: 3,275 |
I’m not familiar with any state law that prohibits or mentions possession of firearms and being intoxicated as illegal.
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Joined: Jan 2001
Posts: 14,903 Likes: 92
Booner
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Booner
Joined: Jan 2001
Posts: 14,903 Likes: 92 |
https://judicial.alabama.gov/docs/library/docs/13A-11-72(b).pdf
Can't be a "habitual drunkard"; not sure how that is defined?
Last edited by wew3006; 07/29/24 07:29 AM.
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Joined: Sep 2009
Posts: 7,509 Likes: 31
14 point
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14 point
Joined: Sep 2009
Posts: 7,509 Likes: 31 |
Possession of a firearm by a drug addict/drunk is a misdemeanor.
“A government big enough to give you everything you want, is strong enough to take everything you have.” -- Thomas Jefferson
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Joined: Sep 2009
Posts: 7,509 Likes: 31
14 point
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14 point
Joined: Sep 2009
Posts: 7,509 Likes: 31 |
https://judicial.alabama.gov/docs/library/docs/13A-11-72(b).pdf
Can't be a "habitual drunkard"; not sure how that is defined?
Me either but I see people being charged with it often.
“A government big enough to give you everything you want, is strong enough to take everything you have.” -- Thomas Jefferson
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Joined: Jul 2012
Posts: 5,661
12 point
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12 point
Joined: Jul 2012
Posts: 5,661 |
I have only seen a couple of folks charged, however, they were charged with everything that could be thrown at them at the time and this charge always ended up being dismissed.
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Joined: Apr 2000
Posts: 13,330 Likes: 23
Booner
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Booner
Joined: Apr 2000
Posts: 13,330 Likes: 23 |
My permit says nothing about intoxication/drunkard...
The harder I practice, the luckier I get.
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Joined: Feb 2008
Posts: 3,275
10 point
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10 point
Joined: Feb 2008
Posts: 3,275 |
https://judicial.alabama.gov/docs/library/docs/13A-11-72(b).pdf
Can't be a "habitual drunkard"; not sure how that is defined?
I’m sure someone has but in 24 years I have not seen someone charged under 13a-11-72 for habitual drunkard. The issue is it being subjective. Without a legal definition then how does one prove the elements defining it. It’s not DUI so there is no BAC. Maybe if they had multiple DUIs but how would that apply if it has been years between them? Maybe they were sober for years and relapsed. Would that count as habitual? Maybe. It’s just hard to prove and then one would be faced with drinking vs being drunk. If one is a functioning alcoholic then articulating drunk would be tough because BAC is 05-08 but that only applies to driving. Same with drug addict. Drug possession is not a drug user. Even though common sense suggest they probably use it too but how is addict defined? LEOs aren’t doctors so articulating it is going to be tough unless someone just says they use or get drunk every day. The defense to that ironically could be their mental state was compromised and what they said shouldn’t be considered as fact.
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Joined: Jan 2003
Posts: 15,650 Likes: 19
Poppa Jon
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Poppa Jon
Joined: Jan 2003
Posts: 15,650 Likes: 19 |
Cartervj when you gonna tell us what you did this time? 😁
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Joined: Dec 2002
Posts: 52,255 Likes: 18
Mildly Quirky
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Mildly Quirky
Joined: Dec 2002
Posts: 52,255 Likes: 18 |
"habitual drunkard" sounds like something the Purity Police and Prude Patrol thought up years ago so they could teach someone a lesson about the Debbil's evil likker.
"Hunting Politics are stupid!" - Farm Hunter
"Bible says you shouldn't put sugar in your cornbread." Dustin, 2013
"Best I can figure 97.365% of the general public is a paint chip eating, mouth breathing, certified dumbass." BCLC, 2020
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Joined: Jan 2001
Posts: 29,728 Likes: 165
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 29,728 Likes: 165 |
https://judicial.alabama.gov/docs/library/docs/13A-11-72(b).pdf
Can't be a "habitual drunkard"; not sure how that is defined?
I’m sure someone has but in 24 years I have not seen someone charged under 13a-11-72 for habitual drunkard. The issue is it being subjective. Without a legal definition then how does one prove the elements defining it. It’s not DUI so there is no BAC. Maybe if they had multiple DUIs but how would that apply if it has been years between them? Maybe they were sober for years and relapsed. Would that count as habitual? Maybe. It’s just hard to prove and then one would be faced with drinking vs being drunk. If one is a functioning alcoholic then articulating drunk would be tough because BAC is 05-08 but that only applies to driving. Same with drug addict. Drug possession is not a drug user. Even though common sense suggest they probably use it too but how is addict defined? LEOs aren’t doctors so articulating it is going to be tough unless someone just says they use or get drunk every day. The defense to that ironically could be their mental state was compromised and what they said shouldn’t be considered as fact. Well we had one fella that had 180 something arrests for Public Intoxication until he rode his bike in front of a car one day. Old Alvin was an Army Sgt. at one time. I don't think there would be a problem convincing anyone that he was a habitual drunkard. 30 years at the PD and we were arresting Alvin before I got hired and it was only towards my last few years that he got killed.
Lord, please help us get our nation straightened out.
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Joined: Dec 2009
Posts: 11,195 Likes: 139
Booner
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Booner
Joined: Dec 2009
Posts: 11,195 Likes: 139 |
"habitual drunkard" sounds like something the Purity Police and Prude Patrol thought up years ago so they could teach someone a lesson about the Debbil's evil likker.
It’s sounds more like our deer camp during the season!! Those guys are a bad influence on me!! 
It's hard to kiss the lips at night that chews your a$$ all day long.
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Joined: Nov 2013
Posts: 11,315 Likes: 13
Booner
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Booner
Joined: Nov 2013
Posts: 11,315 Likes: 13 |
I think it also depends on which state as well. Florida has a law about cc and I think they use your BAC to enforce it. But I could be wrong.
How you do anything is how you do everything
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