(a)(1) No person shall carry a pistol, revolver, machine gun, shotgun, rifle or other firearm, which is loaded and from which a shot may be discharged, upon his person (A) while under the influence of intoxicating liquor or any drug, or both, or (B) while the ratio of alcohol in the blood of such person is eight-hundredths of one per cent or more of alcohol, by weight.
(2) Any person who violates any provision of this subsection shall be guilty of a class B misdemeanor.
(b) (1) No person shall engage in hunting while under the influence of intoxicating liquor or any drug, or both. A person shall be deemed under the influence when at the time of the alleged offense the person (A) is under the influence of intoxicating liquor or any drug, or both, or (B) has an elevated blood alcohol content. For the purposes of this subdivision, “elevated blood alcohol content” means (i) a ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, or (ii) if such person is under twenty-one years of age, a ratio of alcohol in the blood of such person that is two-hundredths of one per cent or more of alcohol, by weight.
(2) Any person who violates any provision of this subsection shall be guilty of a class A misdemeanor.
(3) Enforcement officers of the Department of Energy and Environmental Protection are empowered to arrest for a violation of the provisions of this subsection.
(P.A. 98-129, S. 20; P.A. 00-142, S. 3; P.A. 11-80, S. 1; P.A. 16-152, S. 1.)
History: P.A. 00-142 amended Subsec. (a) by designating provisions as Subdiv. (1), making technical changes therein, designated former Subsec. (b) as Subsec. (a)(2), making a technical change therein, and added new Subsec. (b) re hunting under the influence; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection” in Subsec. (b)(3), effective July 1, 2011; P.A. 16-152 amended Subsecs. (a)(1)(B) and (b)(1)(i) by reducing the ratio of alcohol in blood from 0.10 per cent to 0.08 per cent or more of alcohol, amended Subsec. (b)(1) by deleting “, or while impaired by the consumption of intoxicating liquor”, by deleting provisions re person who has been convicted of violation being deemed impaired and adding provision re ratio of alcohol in blood of person under age 21.
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