It’s illegal for a licensed gunowner to carry a loaded firearm when he is under the influence of drugs or alcohol. According to M.G.L. c. 269, Sec. 10H:
Whoever, having in effect a license to carry firearms…carries on his person, or has under his control in a vehicle, a loaded firearm…while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants or stimulant substances…or from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors…shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.
This crime has its own model jury instruction (7.670) which defines, in plain English, some of the statue’s key terms.
To Carry a Firearm
“One carries an object on their person when the object is physically handled by or attached to the person, or is in the person’s clothing.”
To Control a Firearm in a Vehicle
It is not enough for the Commonwealth to prove that the defendant was present in the same vehicle as the firearm. To prove control over the firearm, the Commonwealth must also prove that the defendant knew that the firearm was there, and that the defendant had both the ability and the intention to exercise control over it.
Loaded Firearm
“A firearm is loaded if ammunition is contained in the weapon or within a feeding device attached to it.”
Under the Influence
It means that a person has consumed enough alcohol to reduce their mental clarity, self-control or reflexes, and thereby left them with a reduced ability to (carry) (have under their control) a loaded firearm in a safe manner.