A review of legislation restricting firearm use while intoxicated

Background: Firearm-related injuries are the second leading cause of injury death in the US, accounting for over 30,000 deaths annually. Between a third and a quarter of these injuries involve alcohol. The proportion of states restricting the sale, possession, or discharge of a firearm while intoxicated is unknown. We sought to review state legislation restricting firearm use while intoxicated.

Methods: We examined state criminal codes using the online legal databases Westlaw and LexisNexis. We searched keywords including “alcohol, intoxication, firearm, gun, liquor, alcoholic, & bar”.

Results: Eight states restrict sale or transfer of a firearm to an intoxicated person. Twenty states restrict possession and/or discharge of a firearm by an intoxicated individual. Twelve states prohibit possession of a loaded firearm anywhere liquor is sold for consumption. Four states restrict carrying of concealed weapons while intoxicated. Other restrictions focus on sale/transfer/carrying of weapons by categories of individuals (habitual users, those under treatment for addiction, and those convicted of alcohol-related crimes), rather than by situational factors.

Conclusions: Appropriate firearm use requires skills including dexterity and judgment that are believed to be degraded by alcohol use. Other behaviors believed to be risky while under the influence of alcohol, including operating a motor vehicle, are restricted. We demonstrate that relatively few states restrict the sale, possession, or discharge of a firearm while intoxicated. There are policy implications associated with these findings. Future research should determine the blood alcohol level at which the ability to appropriately use a firearm is compromised.