this post was submitted on 13 Oct 2023
29 points (87.2% liked)
guns
1204 readers
7 users here now
Keep it civil.
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
That may be what one wants, but I'm not sure that that's actually what SCOTUS would say. I bet that there are laws somewhere about carrying while under the influence.
googles
Sounds like it.
https://www.criminaldefenselawyer.com/resources/is-it-illegal-possess-a-firearm-while-under-influence
In Wisconsin, an example:
https://www.jsonline.com/story/news/crime/2021/05/04/court-finds-intoxication-voids-right-carry-gun-even-own-home/4931641001/
I don't know if that has gone to SCOTUS, but I don't think that situational laws are just an NYC foible.
Now, being at a political protest and being under the influence may not be exactly comparable situations, but I wouldn't be so sure that SCOTUS will rule that any situational law is unconstitutional.
EDIT: And that being said, it sounds like the Wisconsin Supreme Court was ruling on alcohol based on interpretation of what was considered acceptable at the time the Constitution went through when it comes to carrying while being intoxicated, and I'm not sure that the same reasoning would support restrictions at protests: