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Can I have a firearm in my possession on my own property if I have consumed alcohol?

Amanda Lisk
StarNews

Q. Can I have a firearm in my possession on my own property if I have consumed alcohol? For example: I go to dinner and have a glass of wine or a mixed drink, come home and suspect an intruder on my property. I go around to check property while armed. Is this legal or illegal under N.C. law?

A. Criminal defense attorney Keith Williams explains.

“Federal law prohibits firearm possession by a person who is “addicted to any controlled substance.” 18 USC § 922(g). The term “controlled substance” includes drugs but does not include “distilled spirits, wine, [or] malt beverages.” 21 USC § 802(6). North Carolina law does not expressly address the issue, other than in the context of filing a petition to restore a person’s right to own a gun after a felony conviction. If a person files such a petition, we have to show that the person is not “an unlawful user of, or addicted to, alcohol.” NC Gen Stat § 14-415.4(e)(4),” he said.

Williams says generally speaking, based on these laws listed, having one drink at dinner would not prohibit a person from possessing a firearm later that evening, but advises to meet with an attorney to gain legal advice on the specific situation.

Kirk, Kirk, Howell Cutler & Thomas law firm specializes in gun laws and details the stand-your-ground laws on its site.

North Carolina’s new “Castle Doctrine” law, which addresses certain circumstances under which a person can legally shoot or use other deadly force against another is outlined here.

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One Response to “ Can I have a firearm in my possession on my own property if I have consumed alcohol?”

  1. On April 9, 2017 at 7:48 am Tom wrote:

    Legally, the answer is right. BUT, if you find an intruder and use your weapon and kill or injure them, you will be tested for alcohol and drugs. If found, it IS going to be used in the trial that you MAY face, whether it be criminal or civil. Anyone owning or carrying a firearm needs to be responsible and alcohol and firearms are not a responsible mix.



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