In Case You Haven't Heard…

Abstract

The link between alcohol and gun violence is uncontestable, as is the link between drunk driving and intoxication. But as one county in New York state tried — and failed — to impose ordinances against carrying a firearm while intoxicated, there is no state law against it. That's why Gov. Kathy Hochul is considering the need for such a law. The largely liberal state has relatively tough gun laws, but unlike many other states, still allows people who are intoxicated to be armed in public. “You can't have drunks walking around the streets carrying guns,” began an editorial in The Daily Gazette from Schenectady on Aug. 9. “Even in our 2nd Amendment‐focused society, most people would agree with that.” The editorial went on to cite an incident last fall that occurred in Saratoga Springs when an “intoxicated, off‐duty Vermont state's sheriff deputy got into a gunfight with police and three others in the heart of the city's bar district near Caroline Street.” The Saratoga Springs City Council tried to amend the city's firearms law to fix this, this month, but could not. Those who voted against the city's proposed amendment asked questions such as, “Will police be able to randomly stop intoxicated individuals if they believe they have guns, or will they have to wait before making an arrest until someone who appears to be intoxicated pulls out a gun? Will someone get a warning and be given the opportunity to secure their weapon elsewhere before being charged, or is arrest automatic?” The problem shows that the issue can't be solved county by county, or municipality by municipality, but must be solved at the state level. Even in Texas, even those with a license to carry a gun are not allowed to carry it while intoxicated. Florida has a similar law. “Why can't New York,” the editorial asked.