Trip in late May to Breckenridge

[Beau]

I have no need to consult an attorney. Under the influence is not specifically defined by a .08 BAC. That definition applies to the operation of a motor vehicle. While I would like to believe that the same definition would apply to the carry of a firearm I think it would be a foolish choice given the way the current statute is worded.

If your telling people that it is okay to carry and consume alcohol you should be the one contacting a lawyer. Especially if you're being paid for this information via a training class. You may be correct in your belief of what constitutes being under the influence. But what if your wrong and someone ends up in trouble for following your interpretation of the law? Will you help them with their legal defense? What if they decide to sue you for providing incorrect information?

 

[Beau]

If it helps. A quote from someone who did talk to a lawyer about this very issue.

When I went through my CHP class the lawyer did mention that "under the influence" is statutorily defined as .08 BAC only in regards to driving, there is NO definition for "under the influence" in the weapons statutes, leaving it basically up to the cops, judge and jury to decide.

 

[grizzerr]

The lawyer was correct that the accepted standard is .08 or at least was until the election was handed to Hickenlooper. I'm no longer a resident or instructor in the occupied state of Kolorado thank god so it's no longer my problem.