Tom King notes Mayor Bloomberg’s latest crusade, carrying while intoxicated, and much like the Florida Loophole in Pennsylvania, it seems to be much ado about nothing. But it’s my opinion that the state making carrying while intoxicated is constitutional, and within the state’s police powers. But looking at the New York bill, I notice a major problem:
Field Testing. Every person who possess a firearm, rifle or shotgun which has been brandished, displayed, outside a holster, discharged, or otherwise used (other than in the person’s home, at an indoor or outdoor shooting range, or in an area where hunting is permitted with with weapon), or which is possessed, displayed or discharged in violation of any provision of this chapter shall, at the request of a police officer, submit to a breath test to be administered by the police officer.
This can be done with driving because operating a motor vehicle on the public roads is a privilege. Having a drivers’ license is your agreement to consent to being tested for alcohol. You can still refuse, but you lose your license to operate a motor vehicle on public roads. Police can’t force you to give a breath or blood sample. That’s a violation of the fourth amendment.
In this case, Bloomberg is conditioning the exercise of one constitutional right on surrendering another.Â This is not acceptable.