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.
Date posted: March 28, 2017
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