At least 20-26 states have specific laws restricting the possession or discharge of firearms while intoxicated, treating it as a serious criminal offense, often a misdemeanor or felony. These laws typically prohibit using or carrying guns while under the influence of alcohol or drugs, with penalties including fines, jail time, and revocation of concealed carry permits.
Key aspects of state laws regarding firearms and intoxication include:
Specific State Examples:
*Ohio: It is illegal to carry or use any firearm while under the influence of alcohol or drugs, classified as a first-degree misdemeanor Ohio Revised Code.
*llinois: The Firearm Concealed Carry Act prohibits carrying a concealed weapon under the influence of alcohol or drugs, with penalties ranging from Class A misdemeanors to Class 4 felonies.
*Florida: Using a firearm (discharging or holding) while intoxicated can result in up to 60 days in jail.
*Virginia: Carrying a concealed handgun while under the influence is a Class 1 misdemeanor, leading to a five-year permit revocation and up to 12 months in jail.
*Oklahoma: It is unlawful to carry or use rifles, shotguns, or pistols while under the influence of alcohol or drugs, per 21 O.S. § 21-1289.9.
-Definition of Intoxication: While some states use the legal driving limit of 0.08% blood alcohol content (BAC), others define it as being "under the influence" to a degree that impairs judgment, which can apply even below the 0.08% threshold.
-Possession vs. Discharge: Laws often cover more than just firing; simply possessing or carrying a firearm while intoxicated is illegal in many jurisdictions.
-Consequences: Penalties frequently include significant fines, jail sentences, suspension or permanent revocation of concealed carry licenses, and potential felony charges for repeat offenders.