Carrying While Intoxicated (RIGL 11-47-52)

RIGL 11-47-52 makes it "unlawful to carry or transport any firearm in this state when intoxicated or under the influence of intoxicating liquor or narcotic drugs."^[3] This prohibition applies universally. It makes no distinction between licensed and unlicensed carriers, between concealed and open carry, or between handguns and long guns. Holding a valid LCCW does not exempt a person from this restriction.

What Constitutes "Under the Influence"

RIGL 11-47-52 does not define a blood alcohol concentration threshold. The statute applies when a person is intoxicated or under the influence of intoxicating liquor or narcotic drugs, and it does not define those terms. The statute does not prescribe a particular impairment test. The statute does not establish 0.08% BAC as a cutoff for this prohibition.

Covered Substances

The statute covers both intoxicating liquor and narcotic drugs. The statute's text names intoxicating liquor and narcotic drugs and does not mention other substances. The statute prohibits transporting a firearm while intoxicated or under the influence as well as carrying one.

Penalties and Prosecution

Violation of RIGL 11-47-52 is a felony. Under the general penalty provision of RIGL 11-47-26, a violation is punishable by imprisonment of up to 5 years and/or a fine of up to $1,000. Because the maximum sentence exceeds one year, the offense is a felony under RIGL 11-1-2. Prosecution for offenses under Sections 11-47-49 through 11-47-52 is subject to a 30-day limitation period established by RIGL 11-47-53. A complaint for a violation of RIGL 11-47-52 must be brought within thirty days after the commission of the offense (RIGL 11-47-53).^[2] A license or permit may be revoked for just cause at any time by the authority that granted it under RIGL 11-47-13.

Practical Guidance

LCCW holders should treat the prohibition seriously. The safest practice is to avoid carrying a firearm entirely when consuming any amount of alcohol or any impairing substance. Because the statute does not establish a per se limit, there is no "safe" amount of alcohol that guarantees compliance. If a permit holder plans to consume alcohol at a social event or restaurant, the firearm should be secured at home or in a vehicle in a locked container before consumption begins. Carrying a firearm into an establishment where alcohol is served is not itself prohibited by chapter 11-47, but carrying or transporting a firearm when intoxicated or under the influence of intoxicating liquor is an offense under this section.^[3]