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Discussion Starter · #1 ·
I just read this in the SC laws for CC and found it interesting. Am I interpreting this correctly under section D, that if you are protecting yourself or property that none of this applies? :confused:



Using a Firearm While Under the Influence of Alcohol or a Controlled Substance

SECTION 23-31-400. Definitions; unlawful use of firearm; violations.

(A) As used in this article:

(1) "Use a firearm" means to discharge a firearm.

(2) "Serious bodily injury" means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

(B) It is unlawful for a person who is under the influence of alcohol or a controlled substance to use a firearm in this State.

(C) A person who violates the provisions of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not more than two years.

(D) This article does not apply to persons lawfully defending themselves or their property. :confused:


SECTION 23-31-410. Blood and urine testing.

(A) A person who uses a firearm within this State shall submit to a SLED-approved breath test to determine the alcoholic content of the blood and to a urine test to detect the presence of a controlled substance if there is probable cause to believe that the person was using a firearm while under the influence of alcohol or a controlled substance or if the person is arrested lawfully for an offense allegedly committed while he was using a firearm while under the influence of alcohol or a controlled substance. The breath or urine test must be administered at the request of a law enforcement officer who has probable cause to believe the person was using the firearm while under the influence of alcohol or a controlled substance. The administration of either test shall not preclude the administration of the other test. The refusal to submit to a breath or urine test upon the request of a law enforcement officer pursuant to this section is admissible into evidence in a criminal proceeding.
 

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Doesn't sound completely unreasonable to this old guy. I hope we all already know that loaded firearms and intoxication by any means is never a good idea. Sorta goes against every gun safety practice that I know about. "Hold my beer while I shoot at this guy" is probably not the best CCW sentence to use before one draws a loaded firearm. Just my 2 cents.
 

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I think what was meant Bob is what if you are at home watching the game, had a few or more beers in you and somebody comes busting in your house and you are forced to protect yourself.

I think you would be fine in that scenario, but I wouldn't take my weapon with me if I was planning on going to the bar for a few drinks.
 

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Thanks NexxusOne. Its way early over here on the Left Coast. I see the other point now. Coffee is kicking in. LOL
 

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Discussion Starter · #6 · (Edited)
I think what was meant Bob is what if you are at home watching the game, had a few or more beers in you and somebody comes busting in your house and you are forced to protect yourself.

I think you would be fine in that scenario, but I wouldn't take my weapon with me if I was planning on going to the bar for a few drinks.
After talking with some other people, I kind of think that was the intent. Here is a interesting link to go with the topic:


http://www.huffingtonpost.com/2014/02/11/guns-in-bars_n_4768884.html
 

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While I believe what Nexxus described is the purpose of this law, I on the other hand think that there is about 1% chance that you will not have to prove your innocence from jail.
 

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I agree, but it's still just not a good idea to hand the 1st policemen through the door a cold one...
 

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Key item
(D) This article does not apply to persons lawfully defending themselves or their property.
 

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when I lived in Chicago back in the 70's I would often have lunch at a neighborhood restaurant. the cops would come in on break and many of them would order tea. it took me a while to catch on, the tea cup and saucer was served with a metal pot filled with steeping tea(if it had a string and label hanging down the side of the pot). if there was no string and label it was either bourbon or scotch. "tea's all around and keep them coming". hehehehehe.

I'd sure hate to be drunk and try to shoot 2 of everything.
 

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Answers from folks on this site who are not familiar with the rest of South Carolina's related gun and self defense laws are worth what you paid for them.
 

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Answers from folks on this site who are not familiar with the rest of South Carolina's related gun and self defense laws are worth what you paid for them.
You are correct; however, the statute is pretty black & white.
a) Drink a beer and go to the local shooting range - go to jail;
b) Have a glass of wine with dinner and shoot a perp who is attacking you with a knife as you leave the restaurant - get out of jail free.

Of course, if SC has another statute which says you may not possess a firearm in an establishment which serves alcohol, you may now be in violation of a different law. Furthermore, I'm not entirely clear why there is a further definition of "bodily harm", but I suspect it applies to another part of the statute that probably elevates the severity of the crime (for example from Class A misdemeanor to Class C felony) if you cause injury while unlawfully discharging a weapon. Bottom line: don't drink and fire a weapon, but also don't hesitate to defend yourself or your loved ones because you may have had a drink.
 

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Answers from folks on this site who are not familiar with the rest of South Carolina's related gun and self defense laws are worth what you paid for them.
Agreed.

That can be said about any information you take from here. It is meant to point you in the right direction, not be the definitive answer. If you want to know for sure, contact a well known 2nd Amendment lawyer in your state and get the word from them, and not the police. Unfortunately, seems the LEO's (no offense to our members that wear blue uniforms) may not be up to speed on all the laws governing your fine state.
 

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Every state in the union has some kind of law regarding concealed carry and drinking. If you are heading out for a few drinks be smart and leave your gun at home. If you have drinks with friends, leave your gun with your friend or lock it up in the trunk or toolbox unloaded. Behind the seat of a truck is not a good place. This not legal advice. I am not a lawyer nor do I play a lawyer on TV.
 

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As a former volunteer EMT of 25 years...I can tell that alcohol and lots of things don't mix...and firearms are pretty darn high on the list!

I live 2 county's away and 'supposedly' alcohol was a factor in his decision to check down the barrel:

1996 Darwin Award: Cigarette Lighter Triggers Fatal Explosion
 

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Disclaimer: I don't drink alcohol.

1. Why couldn't someone have a drink and then shoot a firearm. We let people drink and then go drive a 5000lb vehicle at 70 mph. What's the difference? Both are deadly. I'm in no way suggesting that if someone has had enough to drink to be impaired they should go shooting. But if <.08 is safe to drive a car why wouldn't it be safe to shoot at a range?

2. Since when did a BAC test become a part of the 2A? I completely agree that folks shouldn't get liquored up and then go shooting however I don't want the government making laws to regulate this. Notice that the law cited above said "SHALL" submit to a drug/alcohol test. So if I'm out shooting and Mr LEO comes along they can demand that I submit to a drug/alcohol test just because I happen to be using a firearm? Simply exercising my 2A rights opens me up for a 4A invasion of privacy? That's crazy. What if I don't agree? What are they going to do? Suspend my 2A rights?
 
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