San Andreas Statutes & Constitution
  • Important Information
    • San Andreas Statutes & Constitution (SASC)
    • San Andreas Case Laws
    • San Andreas Charge Classification Chart
    • San Andreas State Laws
      • Motor Vehicle At-Fault Law
      • Possessive Drug Law
      • Firearm Carry Act
  • EXECUTIVE ORDERS & ACTS
    • SAN ANDREAS ANTI-GANG LEGISLATION ACT
    • INVESTIGATION AUTHORITY ACT
    • AMENDED EXECUTIVE PROTECTION UNITS ACT
    • STATEWIDE CRIME REPORTING DATA ACT
    • GANG VIOLENCE PREVENTION AND INTERVENTION ACT
  • SAN ANDREAS STATUTES
    • TITLE 01. CRIMES AGAINST A PERSON
      • 1.100 — ASSAULT
        • 1.101 — ASSAULT WITH A DEADLY WEAPON
        • 1.102 — ASSAULT WITH A DEADLY WEAPON (WITK)
        • 1.103 — ASSAULT WITH A DEADLY WEAPON (WOITK)
        • 1.104 — ASSAULT ON A PEACE OFFICER
        • 1.105 — ASSAULT ON A MEDICAL OFFICAL
        • 1.106 — ASSAULT INVOLVING BODILY FLUIDS
        • 1.107 — AGGRAVATED ASSAULT INVOLVING BODILY FLUIDS
      • 1.108 — BATTERY
        • 1.109 — AGGRAVATED BATTERY
        • 1.110 — BATTERY ON A LAW ENFORCEMENT OFFICER
        • 1.111 — BATTERY ON A LAW ENFORCEMENT OFFICER W/ SERIOUS INJURY
      • 1.112 — ATTEMPTED MURDER
      • 1.113 — FIRST DEGREE MURDER
      • 1.114 — SECOND DEGREE MURDER
      • 1.115 — THIRD DEGREE MURDER
      • 1.116 — INVOLUNTARY MANSLAUGHTER
      • 1.117 — VOLUNTARY MANSLAUGHTER
      • 1.118 — VEHICULAR MANSLAUGHTER
      • 1.119 — CHILD ABUSE
      • 1.120 — SEVERE CHILD ABUSE
      • 1.121 — CHILD ABANDONMENT
      • 1.122 — KIDNAPPING
      • 1.123 — TORTURE
      • 1.124 — FALSE IMPRISONMENT
      • 1.125 — PETTY THEFT
      • 1.126 — MISDEMEANOR THEFT
      • 1.127 — GRAND THEFT
      • 1.128 — GRAND THEFT AUTO
      • 1.129 — BURGLARY
      • 1.130 — ROBBERY
      • 1.131 — ARMED ROBBERY
      • 1.132 — DOMESTIC VIOLENCE
      • 1.133 — AGGRAVATED DOMESTIC VIOLENCE
      • 1.134 — AIDING A SUICIDE
      • 1.135 — CRIMINAL THREATS
      • 1.136 — WRITTEN THREATS CONTAINING GREAT BODILY HARM OR DEATH
      • 1.137 — CRIMINAL THREATS CONTAINING GREAT BODILY HARM OR DEATH
      • 1.138 — PUBLIC ENDANGERMENT
      • 1.139 — STALKING & HARASSING
      • 1.140 — FELONY STALKING & HARASSING
      • 1.141 — DESECRATION OF A HUMAN CORPSE
      • 1.142 — CAPITAL MURDER
      • 1.143 — STREET GANG RECRUITMENT
    • TITLE 02. CRIMES THAT CONSIST OF DEADLY WEAPONS
      • 2.200 — BRANDISHING A FIREARM
      • 2.201 — POSSESSION OF A FIREARM BY A CONVICTED FELON
      • 2.202 — UNLAWFUL DISCHARGE OF A FIREARM
      • 2.203 — HIGHLY DANGEROUS DEVICES
      • 2.204 — DRIVE-BY SHOOTING
      • 2.205 — GENERALLY PROHIBITED WEAPONS VIOLATION
      • 2.206 — SALE OF UNREGISTERED FIREARMS
      • 2.207 — SALE OF FIREARMS TO UNLICENSED INDIVIDUALS
      • 2.208 — SALE OF FIREARMS TO A CONVICTED FELON
      • 2.209 — POSSESSING A FIREARM ON GOVERNMENT PROPERTY
      • 2.210 — POSSESSING A FIREARM IN A SCHOOL OR UNIVERSITY
      • 2.211 — POSSESSING A FIREARM IN A HOSPITAL OR HEALTH FACILITY
      • 2.212 — POSSESSING A FIREARM AT AN AIRPORT OR TRANSPORTATION LOCATION
      • 2.213 — POSSESSING A FIREARM AT ANY PRIMARY ALCOHOL ESTABLISHMENT
      • 2.214 — ARMED CRIMINAL ACTION
      • 2.215 — POSSESSION OF A FIREARM WHILE IN COMMISSION OF A CRIME
      • 2.216 — POSSESSION OF A MINOR DEADLY WEAPON WHILE IN COMMISSION OF A CRIME
      • 2.217 — POSSESSION OF A MAJOR DEADLY WEAPON WHILE IN COMMISSION OF A CRIME
      • 2.218 — POSSESSION OF A FIREARM WHILE UNDER THE INFLUENCE
    • TITLE 03. CRIMES AGAINST PROPERTY
      • 3.300 — SIMPLE ARSON
      • 3.301 — AGGRAVATED ARSON
      • 3.302 — ARSON OF A STRUCTURE OR PROPERTY
      • 3.303 — ARSON OF AN INHABITED DWELLING
      • 3.304 — ARSON CAUSING INJURY OR DEATH
      • 3.305 — TRESPASSING
        • 3.306 — AGGRAVATED TRESPASSING
      • 3.307 — EXTORTION
        • 3.308 — AGGRAVATED EXTORTION
      • 3.309 — EMBEZZLEMENT
      • 3.310 — CARJACKING
        • 3.311 — ATTEMPTED CARJACKING
        • 3.312 — AGGRAVATED CARJACKING
      • 3.313 — DESTRUCTION OF PROPERTY
        • 3.314 — DESTRUCTION OF GOVERNMENT PROPERTY
      • 3.315 — BREAKING & ENTERING
      • 3.316 — LOITERING & PROWLING
      • 3.317 — ILLEGAL SQUATTING
      • 3.318 — RECEIVING STOLEN PROPERTY
      • 3.319 — VANDALISM
      • 3.320 — ATTEMPTED ARSON
      • 3.321 — UNLAWFUL BURNING
      • 3.322 — OBSTRUCTION OF SURVEILLANCE
    • TITLE 04. CRIMES AGAINST PUBLIC JUSTICE
      • 4.400 — BRIBERY OF A GOVERNMENT OFFICIAL
      • 4.401 — ACCEPTANCE OF A BRIBE BY A GOVERNMENT OFFICIAL
      • 4.402 — RESISTING ARREST WITHOUT FORCE
      • 4.403 — RESISTING ARREST WITH FORCE
      • 4.404 — ESCAPE FROM CUSTODY
      • 4.405 — HUMAN TRAFFICKING
      • 4.406 — AIDING AND ABETTING
      • 4.407 — HARBORING
      • 4.408 — TAMPERING WITH EVIDENCE
        • 4.409 — DISSUADING A VICTIM
        • 4.410 — OFFERING FALSE EVIDENCE
      • 4.411 — IMPERSONATION OF A CITIZEN
      • 4.412 — IMPERSONATION OF A PEACE OFFICER
      • 4.413 — IMPERSONATION OF AN EMT/FIREFIGHTER
      • 4.414 — IMPERSONATION OF A GOVERNMENT OFFICIAL
      • 4.415 — CONTEMPT OF COURT
      • 4.416 — CORRUPTION
      • 4.417 — OBSTRUCTION OF JUSTICE
      • 4.418 — MISCONDUCT
      • 4.419 — FILING OF A FALSE REPORT
      • 4.420 — FAILURE TO PAY A FINE
      • 4.421 — MISUSE OF A GOVERNMENT HOTLINE
      • 4.422 — PROVIDING FALSE INFORMATION TO A GOVERNMENT OFFICIAL
      • 4.423 — FAILURE TO REPORT A CRIME
      • 4.424 — EVADING A PEACE OFFICER WITH VIOLENCE
      • 4.425 — EVADING A PEACE OFFICER WITHOUT VIOLENCE
      • 4.426 — INTRODUCTION TO CONTRABAND
      • 4.427 — FAILURE TO APPEAR
    • TITLE 05. CRIMES AGAINST PUBLIC PEACE & DECENCY
      • 5.500 — INDECENT EXPOSURE
      • 5.501 — DISTURBING THE PEACE
      • 5.502 — LITTERING
      • 5.503 — UNLAWFUL ASSEMBLY
      • 5.504 — PARTICIPATING IN A RIOT
      • 5.505 — INCITING IN A RIOT
      • 5.506 — JAYWALKING
      • 5.507 — PROSTITUTION
      • 5.508 — PANDERING/PIMPING
      • 5.509 — SEXUAL BATTERY
      • 5.510 — UNLAWFUL CAMPING
      • 5.511 — OBSTRUCTION OF PUBLIC EVENTS
    • TITLE 06. CRIMES AGAINST PUBLIC SAFETY
      • 6.600 — PUBLIC INTOXICATION WITHOUT VIOLENCE
      • 6.601 — PUBLIC INTOXICATION WITH VIOLENCE
      • 6.602 — TERRORISM
      • 6.603 — PROVIDING MATERIAL SUPPORT FOR TERRORISM
      • 6.604 — CONSPIRACY TO COMMIT TERRORISM
      • 6.605 — TERRORISTIC THREATS
      • 6.606 — RECRUITING FOR TERRORISM
      • 6.607 — POSSESSION OF A CONTROLLED SUBSTANCE (SCHEDULE I & SCHEDULE II)
      • 6.608 — POSSESSION OF A CONTROLLED SUBSTANCE (SCHEDULE III & SCHEDULE IV)
      • 6.609 — POSSESSION OF A CONTROLLED SUBSTANCE WITH INTENT TO DISTRIBUTE (28G+)
      • 6.610 — TRAFFICKING OF A CONTROLLED SUBSTANCE (SCHEDULE I & SCHEDULE II)
      • 6.611 — TRAFFICKING OF A CONTROLLED SUBSTANCE (SCHEDULE III & SCHEDULE IV)
      • 6.612 — SALE OF A CONTROLLED SUBSTANCE (SCHEDULE I & SCHEDULE II)
      • 6.613 — SALE OF A CONTROLLED SUBSTANCE (SCHEDULE III & SCHEDULE IV)
      • 6.614 — MANUFACTURING OF A CONTROLLED SUBSTANCE (SCHEDULE I & SCHEDULE II)
      • 6.615 — MANUFACTURING OF A CONTROLLED SUBSTANCE (SCHEDULE III & SCHEDULE IV)
      • 6.616 — POSSESSION OF DRUG PARAPHERNALIA (TIER 1)
      • 6.617 — POSSESSION OF DRUG PARAPHERNALIA (TIER 2)
      • 6.618 — SALE OF ALCOHOL TO A MINOR WITHOUT INJURIES
      • 6.619 — SALE OF ALCOHOL TO A MINOR WITH INJURIES
      • 6.620 — ILLEGAL DUMPING INTO A SEWERAGE SYSTEM
      • 6.621 — ILLEGAL DUMPING
      • 6.622 — FALSE PUBLIC ALARM
      • 6.623 — CROSSWALK VIOLATION: FAILURE TO YIELD TO PEDESTRIANS
    • TITLE 07. CRIMES AGAINST MOTOR VEHICLES
      • San Andreas Speed Chart
      • 7.700 — SPEEDING 1-5MPH OVER POSTED SPEED ZONE
      • 7.701 — SPEEDING 6-10MPH OVER POSTED SPEED ZONE
      • 7.702 — SPEEDING 11-15MPH OVER POSTED SPEED ZONE
      • 7.703 — SPEEDING 16-20MPH OVER POSTED SPEED ZONE
      • 7.704 — SPEEDING 20+ MPH OVER POSTED SPEED ZONE
      • 7.705 — CRIMINAL SPEEDING
      • 7.706 — RECKLESS DRIVING
      • 7.707 — CARELESS DRIVING
      • 7.708 — FAILURE TO YIELD TO A TRAFFIC DEVICE OR STOP SIGN
      • 7.709 — FAILURE TO MAINTAIN LANES
      • 7.710 — FAILURE TO ABIDE BY A RIGHT OF WAY
      • 7.711 — DRIVING ON A SUSPENDED LICENSE WITH KNOWLEDGE
      • 7.712 — DRIVING ON A SUSPENDED LICENSE WITHOUT KNOWLEDGE
      • 7.713 — DRIVING ON AN INVALID LICENSE
      • 7.714 — DRIVING ON A REVOKED LICENSE
      • 7.715 — DRIVING WITHOUT A MOTORCYCLE LICENSE
      • 7.716 — DRIVING WITH A FALSE LICENSE (FIRST OFFENSE)
      • 7.717 — DRIVING WITH A FALSE LICENSE (SECOND OFFENSE)
      • 7.718 — DRIVING WITHOUT A LICENSE WITH KNOWLEDGE
      • 7.719 — DRIVING WITHOUT A LICENSE WITHOUT KNOWLEDGE
      • 7.720 — DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE
      • 7.721 — DRIVING UNDER THE INFLUENCE OF ALCOHOL
      • 7.722 — DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE AS A MINOR
      • 7.723 — DRIVING UNDER THE INFLUENCE OF ALCOHOL AS A MINOR
      • 7.724 — OPERATION OF A COMMERCIAL VEHICLE UNDER THE INFLUENCE
      • 7.725 — OPERATION OF A UNROADWORTHY VEHICLE
      • 7.726 — FAILURE TO USE A TURN SIGNAL
      • 7.727 — DISPLAY OF PLATE
      • 7.728 — FICTITIOUS REGISTRATION
      • 7.729 — ILLEGAL VEHICLE MODIFICATIONS
      • 7.730 — IMPEDING TRAFFIC
      • 7.731 — WINDOW TINT (SECONDARY OFFENCE)
      • 7.732 — ENGAGING IN AN ILLEGAL MOTOR VEHICLE CONTEST
      • 7.733 — FAILURE TO YIELD TO AN EMERGENCY VEHICLE
      • 7.734 — DRIVING WITHOUT VALID INSURANCE WITH KNOWLEDGE
      • 7.735 — DRIVING WITHOUT VALID INSURANCE WITHOUT KNOWLEDGE
      • 7.736 — DRIVING WITHOUT VALID REGISTRATION WITH KNOWLEDGE
      • 7.737 — DRIVING WITHOUT VALID REGISTRATION WITHOUT KNOWLEDGE
      • 7.738 — ILLEGAL U-TURN
      • 7.739 — OPEN CONTAINER
      • 7.740 — PEDESTRIAN LAW
      • 7.741 — UNSECURE LOAD
      • 7.742 — DRIVING ON THE SHOULDER/EMERGENCY LANE
      • 7.743 — HELMET LAW
      • 07.744 — FOLLOWING LAW/TAILGATING
      • 7.745 — FLEEING THE SCENE OF AN ACCIDENT
      • 7.746 — EXCESSIVE USAGE OF A HORN
      • 7.747 — FAILURE TO IDENTIFY TO A PEACE OFFICER OR PROVIDE IDENTIFCATION
      • 7.748 — UNDERGLOW & ILLEGAL VEHICLE LIGHTING
      • 7.749 — IMPROPER PASSING
      • 7.750 — DRIVING UNDER THE POSTED SPEED LIMIT
      • 7.751 — PARKING IN AN UNAUTHORIZED AREA
      • 7.752 — FAILURE TO WEAR A SEATBELT (DRIVER)
      • 7.753 — FAILURE TO WEAR A SEATBELT (PASSENGER)
      • 7.754 — FAILURE TO SECURE MULTIPLE PASSENGERS
      • 7.755 — FAILURE TO SECURE A CHILD IN A CHILD SAFETY SEAT
      • 7.756 — USAGE OF RADAR/LASER INTERFERING DEVICES
      • 7.757 — SLOW DOWN AND MOVE OVER
      • 7.758 — DEFACING OR INTERFERING WITH A TRAFFIC CONTROLLED DEVICE
      • 7.759 — LEGAL LANE SPLITTING BY MOTORCYCLES
      • 7.760 — PASSENGER ENDANGERMENT
      • 7.761 — BREAKDOWN LANE/EMERGENCY LANE VIOLATION
      • 7.762 — ALTERING OR REMOVING A VEHICLE’S VIN
    • TITLE 08. CRIMES AGAINST COMMERCIAL MOTOR VEHICLES
      • DEFINITION OF A COMMERCIAL VEHICLE
      • 8.800 — FAILURE TO MAINTAIN TRAVEL LOGS OF A COMMERCIAL VEHICLE
      • 8.801 — FALSIFICATION OF TRAVEL LOGS
      • 8.802 — FAILURE TO PROVIDE TRAVEL LOGS UPON REQUEST
      • 8.803 — OPERATING A COMMERCIAL VEHICLE ON AN INVALID CDL LICENSE
      • 8.804 — OPERATING A COMMERCIAL VEHICLE ON AN EXPIRED CDL LICENSE
      • 8.805 — OPERATING A COMMERCIAL VEHICLE ON A SUSPENDED CDL LICENSE
      • 8.806 — OPERATING A COMMERCIAL VEHICLE WITHOUT A VALID CDL LICENSE
      • 8.807 — FAILURE TO REACH TRACTOR OR TRAILER RESTRICTIONS
      • 8.808 — FAILURE TO REACH LOAD SIZE RESTRICTIONS
      • 8.809 — FAILURE TO ABIDE TO A VEHICLE INSPECTION
      • 8.810 — FAILURE TO HAVE PROPER SAFETY EQUIPMENT
      • 8.811 — FAILURE TO HAVE PROPER ESCORT FOR A LOAD
    • TITLE 09. CRIMES AGAINST WILDLIFE & HUNTING
      • 9.900 — HUNTING LICENSE AND TAGS
      • 9.901 — HUNTING SEASON AND BAG LIMITS
      • 9.902 — SPECIFIC BAG LIMITS
      • 9.903 — HUNTING METHODS AND EQUIPMENT
      • 9.904 — PROTECTED SPECIES
      • 9.905 — HUNTING REGULATIONS AND SAFETY
      • 9.906 — HUNTING ON PROTECTED LAND/STATE PARKS
      • 9.907 — POACHING
      • 9.908 — DISTURBING WILDLIFE HABITS
    • TITLE 10. CRIMES INVOLVING A VESSEL
      • 10.100 — BOATING LICENSE AND REGISTRATION
      • 10.101 - BOATING UNDER THE INFLUENCE (BUI)
      • 10.102 - SAFE BOATING PRACTICES
      • 10.103 - BOATING SAFETY INSPECTIONS
      • 10.104 - FAILURE TO DISPLAY REGISTRATION NUMBER
      • 10.105 - FAILURE TO WEAR A LIFE JACKET
      • 10.106 - FAILURE TO CARRY SAFETY EQUIPMENT
      • 10.107 - SPEEDING IN RESTRICTED AREAS
      • 10.108 - OPERATING WITHOUT REQUIRED NAVIGATION LIGHTS
    • TITLE 11. CRIMES AGAINST STATE DEPENDANTS
      • 11.101 - ANIMAL ABUSE/CRUELTY
      • 11.102 - ABANDONMENT OF ANIMALS
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  • (a) Definitions
  • (b) Elements
  • (c) Defenses
  • (d) Aggravating Factors
  1. SAN ANDREAS STATUTES
  2. TITLE 02. CRIMES THAT CONSIST OF DEADLY WEAPONS

2.218 — POSSESSION OF A FIREARM WHILE UNDER THE INFLUENCE

Violations of "Statute 2.218" results in a Class A Misdemeanor

(a) Definitions

"Under the Influence" refers to being impaired by alcohol, drugs, or any other intoxicating substance to the degree that the individual’s ability to safely operate a firearm is compromised. This includes a Blood Alcohol Concentration (BAC) above the legal limit or being impaired by any substance, including prescription drugs, illegal drugs, or other intoxicants, in a manner that affects the person's judgment, coordination, or reaction time.

"Firearm" refers to any weapon capable of firing a projectile by the use of gunpowder or other explosive substances, including but not limited to handguns, rifles, shotguns, and automatic weapons.

(b) Elements

To establish the offense of possession of a firearm while under the influence, the prosecution must prove beyond a reasonable doubt the following elements:

  1. The defendant was in possession of a firearm.

  2. The defendant was under the influence of alcohol, drugs, or another intoxicating substance at the time of possession.

  3. The defendant’s ability to safely handle, operate, or possess the firearm was impaired due to the influence of the intoxicating substance.

(c) Defenses

A defendant may raise the following defenses against a charge of possession of a firearm while under the influence:

  • Lack of Knowledge: The defendant was unaware that they were under the influence at the time they were in possession of the firearm.

  • No Intention to Use the Firearm: The defendant had no intention to use or operate the firearm while under the influence.

  • Possession Was Not Dangerous: The firearm was not accessible or intended to be used in a manner that posed a danger to others.

  • Self-Defense: The firearm was possessed for the purpose of self-defense, and the defendant was unaware of the impairment at the time.

(d) Aggravating Factors

The court may impose enhanced penalties if the possession of the firearm occurred under any of the following aggravating circumstances:

  • The defendant was in a situation where the firearm was used or threatened to be used while under the influence, leading to a risk of harm to others.

  • The defendant has a prior criminal history, particularly involving firearms or substance abuse offenses.

  • The defendant was in a location where the possession of a firearm while under the influence posed an increased danger to the public or law enforcement.

  • The defendant was under the influence of a substance that significantly impairs judgment, such as drugs that are illegal or not prescribed to the individual.

  • The firearm was used in the commission of another offense (e.g., assault, reckless endangerment).

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