Drinking and carrying - strictly from a legal perspective. Yes, I realize that this has been covered before but I decided to do my own research into MGL (is there a good way to search MA cases?).
For driving, the law is pretty clear - 0.08% is the legal limit. Furthermore, if you test 0.05% or less, then you definitely aren't under the influence and the LEO must let you go. What's strange is the distinction between alcohol OR intoxicating liquor, and I'll explain why later.
Chapter 90, Section 24
Chapter 90B, Section 8 – same as above but for vessels
Chapter 90B, Section 26A - Snow or recreational vehicle: also 0.08%
Back to alcohol vs intoxicating liquor: only the latter is mentioned in the law when it comes to firearms - the word alcohol is nowhere to be found. Does this distinction between the two mean anything?
And, of course, no limit is specified and "under the influence" isn't defined. Since these chapters appear after the ones that address driving, can it be argued in court that the later chapters imply the same limit as the previous chapters, unless noted otherwise (which it isn't)?
Chapter 269, Section 10H - Carrying loaded firearm while under influence of liquor, marijuana, narcotic drugs, depressants or stimulant substances; punishment
Chapter 131, Section 62 - Weapons; intoxicating liquor or drugs
What about the 0.05% figure from above? Can it be argued that if you're carrying and blow 0.05% or less then you're definitely not "under the influence"?
For driving, the law is pretty clear - 0.08% is the legal limit. Furthermore, if you test 0.05% or less, then you definitely aren't under the influence and the LEO must let you go. What's strange is the distinction between alcohol OR intoxicating liquor, and I'll explain why later.
Chapter 90, Section 24
Section 24. (1) (a) (1) Whoever […] operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished by…
…
(e) In any prosecution for a violation of paragraph (a), evidence of the percentage, by weight, of alcohol in the defendant's blood at the time of the alleged offense, as shown by chemical test or analysis of his blood or as indicated by a chemical test or analysis of his breath, shall be admissible and deemed relevant to the determination of the question of whether such defendant was at such time under the influence of intoxicating liquor…
…
Evidence that the defendant failed or refused to consent to such test or analysis shall not be admissible against him in a civil or criminal proceeding, but shall be admissible in any action by the registrar under paragraph (f) or in any proceedings provided for in section twenty-four N. If such evidence is that such percentage was five one-hundredths or less, there shall be a permissible inference that such defendant was not under the influence of intoxicating liquor, and he shall be released from custody forthwith…
Chapter 90B, Section 8 – same as above but for vessels
Chapter 90B, Section 26A - Snow or recreational vehicle: also 0.08%
Back to alcohol vs intoxicating liquor: only the latter is mentioned in the law when it comes to firearms - the word alcohol is nowhere to be found. Does this distinction between the two mean anything?
And, of course, no limit is specified and "under the influence" isn't defined. Since these chapters appear after the ones that address driving, can it be argued in court that the later chapters imply the same limit as the previous chapters, unless noted otherwise (which it isn't)?
Chapter 269, Section 10H - Carrying loaded firearm while under influence of liquor, marijuana, narcotic drugs, depressants or stimulant substances; punishment
Section 10H. Whoever, having in effect a license to carry firearms issued under section 131 or 131F of chapter 140, carries on his person, or has under his control in a vehicle, a loaded firearm, as defined in section 121 of said chapter 140, while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or the vapors of glue shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.
Chapter 131, Section 62 - Weapons; intoxicating liquor or drugs
Section 62. A person, while under the influence of intoxicating liquor or of drugs shall not hunt or carry a firearm, bow and arrow or other weapon while engaged in hunting or target shooting.
What about the 0.05% figure from above? Can it be argued that if you're carrying and blow 0.05% or less then you're definitely not "under the influence"?