But since you can’t conceal a weapon while intoxicated, wouldn’t that also mean you can’t have one within reach?
In any case that law says that you cannot “operate or go armed with a firearm while intoxicated”. “Go armed” doesn’t require that the gun be on you, just that you know where it is, it’s within your reach and that a casual onlooker wouldn’t notice it. So, getting drunk at home and having your loaded gun under the couch is, technically, illegal.
No, why would it? That would mean a lot of people would be guilty of a serious offense for simply coming home drunk and going straight to bed.
No, having a gun under your couch or anywhere else in your home is not “going armed.”
You are reading the language of what it means to “go armed” in another statute which is regarding what carrying a concealed weapon constitutes. It specifically says “The elements for a violation of s. 941.23 are”, which does not automatically mean the same elements apply to other statutes.
If what you were saying is true, how could one not be guilty of carrying a concealed weapon when keeping a gun under his couch even when not intoxicated?
I don’t want to seem harsh, and I applaud the OP for recognizing a potential problem, but I have to invoke the “if there’s any doubt, there’s no doubt” rule. If there is ANY possibility of someone misusing a firearm in ANY way when intoxicated, that person should either not get intoxicated or not have firearms in the house. It’s simple as that. There’s no leeway here.
I think this is what I realized, that gun and alcohol don’t mix. I also think that I did this to keep my carry license. I live in Texas and I’m sure we have the gun/alcohol laws. I’m well versed on the state gun laws but not much on alcohol because I don’t drink.
Last time I drank beside last night was really a long time ago that I don’t remember when that was.
I like to clean, ops check and dry fire my guns when pushing the intox limits. That’s when mistakes are most prevalent, so best to be sure everything’s well familiarized and in proper working order.