Wednesday, January 9, 2008

CWI - Carrying While Intoxicated

SayUncle has it right. There are too many States that ban carrying weapons while in Bars or even worse - while in restaurants that in addition to food & soda also happen to serve Alcohol. Arizona is one of those States.

It is a violation of the 2nd Amendment for a State government to tell me that I can't bear arms just because I happen to be in a location open to the public that happens to serve Alcohol. Not only that, but when I'm in a location that serves Alcohol I'm probably at greatest risk of being attacked by some crazy drunk guy. Making such locations a Gun Free Zone does not keep bad guys from bringing guns there, all it does is create yet another Defenseless Victim Zone.

I would propose that it would be far more acceptable & logical for States to ban the carrying of a weapon while intoxicated in public. They could call the infraction a CWI - Carrying While Intoxicated. The penalty could be somewhere between a simple fine & the current penalty system for a DWI. That way folks like myself can still carry & be prepared to protect ourselves & our families while we are in a public restaurant or other location that happens to serve Alcohol.

Of course an even better solution would be to simply say that it is illegal to do something illegal while carrying intoxicated. For example, it should be illegal to commit aggravated assault with a deadly weapon while intoxicated, but wait, that is already illegal. ;)

The Arizona Legislature passed SB 1363 in 2005 that would have allowed anyone to carry in restaurants or any other locations that serve Alcohol as long as the person carrying does not consume alcohol. It also had a provision to recognize private property rights & allowed businesses to ban weapons while inside their premises. However, our then and current liberal Democrat Governor, Janet Napolitano, vetoed the legislation.

Update 1: Sayuncle has additional related info here.

Update 2: New 2008 Arizona Legislation introduced.

Update 3: New 2009 Arizona Legislation introduced.

1 comment:

Sailorcurt said...

Although I understand that true liberty would dictate not criminalizing "carrying under the influence" at all, I understand the reasoning behind it.

How many times have you known people who did things completely out of character for them while under the influence...who completely regretted it later and possibly didn't even remember doing it?

I know I've seen it over and over. Normally level-headed, controlled people losing it over a nothing argument after a few stiff drinks.

I don't think this is a real problem because you just don't hear about CCW holders getting plastered and shooting up the neighborhood...responsible gun owners don't drink and carry whether it's legal or not...but if it's a concession we have to make to get the restaurant bans lifted, I'd be all for it.

Unfortunately, I don't think it will ever happen. The sound bite "Guns and alcohol don't mix" just resonates way too much among the sheeple for the idea of lifting the bans to get any legs.