Drinking/CCW

[3dxbroker]

Hey Guys,
I have a question. I prefer to carry if going Downtown, but haven't the last few times, as I thought I might want to have a few drinks.

If I do decide to drink, my girlfriend who doesn't drink, drives us home with my car.

My question is, is it legal for me to carry, then leave my gun in the trunk of the car once I start to drink, then have my girlfriend drive me and the car home (with the gun in the trunk and not on me)?

I think that would be allowed, as I am not drinking while having the gun on me. I just worry, that if the gun is in the trunk, with me in the car, it might pose a problem since my girlfriend doesn't have a CCW and she's driving the car with the gun in it.

Let me know if anyone has any advice. Thanks guys!

 

[benjammin]

I am not a lawyer!

I believe MI law states that we must unload the gun and have it in a locked case in the trunk if we are driving with any alcohol in our system. The MI state police website has some good FAQs addressing CPL regulations.

 

[Leader]

This is the only time the law says you must seperate the gun and ammo.
Gun unloaded, in a case, & in the trunk or un accessable to occupents of the vehicle.
Ammo seperated from the gun. The suggestion is ammo in glove box.

 

[XDM40cal]

Handgun and drinking...

If you intend to drink, Leave it home.. It will keep you from LEO BS...

Now if your just out and intensely stop at a bar for Food a drinks with friends then you will need to lock it up remove the Mag..Also if your carrying a extra mag you will need to put that in the glove box or trunk.

 

[Jimyhoffer]

definition of unloaded

sometimes, unloaded means that the magazine is unloaded. see http://www.legislature.mi.gov/documents/publications/firearms.pdf page 55.

must the magazine be unloaded in this case?

in regards to you girlfriend or other driving, michigan state police web site
MSP - Carrying Under the Influence
says, This does not prohibit an individual licensed under this act to carry a concealed pistol who has any bodily alcohol content from transporting that pistol in the locked trunk of his or her motor vehicle or another motor vehicle in which he or she is a passenger or, if the vehicle does not have a trunk, from transporting that pistol unloaded in a locked compartment or container that is separated from the ammunition for that pistol or on a vessel if the pistol is transported unloaded in a locked compartment or container that is separated from the ammunition for that pistol.

 

[Atty Stu]

I haven't done the legal research, but if your girl friend is eligible, might it be prudent to get her a CPL as well?

 

[BC1]

You're splittin' hairs. If you plan on drinking leave the gun home.

 

[Golden Eagle]

sometimes, unloaded means that the magazine is unloaded. see http://www.legislature.mi.gov/documents/publications/firearms.pdf page 55.

must the magazine be unloaded in this case?

No, this is a long gun hunting law.

You're splittin' hairs. If you plan on drinking leave the gun home.

If he's a passenger and the gun is in the trunk following the law, what hair is he "splittin"?
We have rights here in Michigan you just couldn't handle. :dirol:

 

[Tim Smith]

On the last day of our CPL instruction we listened to the assistant prosecuting attorney of Saginaw County expound upon the gun laws of Michigan and he did a fine job I might add, if I recall he stated that if you are out and about carrying your gun and you decide to have a meal and a couple of drinks (say for example, Applebees for supper) then you must lock your gun in the trunk of your car, if you go out with the intention of getting juiced up then leave your gun at home. To date I taken his advice, normally when I carry I do not indulge in drink, however being human, sometimes the urge overcomes me. At this time I lock my model 27 in the trunk and remove the six rounds to my pocket. To date I have not had an encounter with an LEO to test the PA's advice. I guess the best advice and a sure thing for all of us would be to abstain from alcohol when carrying your firearm in MI.

 

[Woody1960]

if you go out with the intention of getting juiced up then leave your gun at home. I guess the best advice and a sure thing for all of us would be to abstain from alcohol when carrying your firearm in MI.

I would say thats good advise,you cant drik and drive anyway so whats the point of drinking.

 

[Treo]

I haven't done the legal research

Neither has the OP he'd rather bet his freedom on a bunch of internet lawyers.

 

[agrippakc]

I havn't drank outside my home since I got my permit. Too risky.

 

[Big Gay Al]

Many years ago, I used to get so drunk, it wasn't funny. But as I discovered later, this should not have been unexpected, as I am a child of an alcoholic. Eventually, over time, I learned that drinking didn't fix my problems. It only made them worse. I also learned that I could enjoy life without drinking alcohol, and usually have a lot more fun too.

Now, don't get me wrong, I still enjoy a drink now and then. But that's because I like certain flavors. And I no longer drink to the point of stupidity. (I can get to there all on my own, without any alcohol. :wink: ) But I do not drink outside of my own home anymore. If I go into an establishment that serves alcohol, I have soft drinks only.

But that is my choice. Be safe, be smart, don't risk your CPL.

 

[nogods]

Here's how the conversation might go:

Your lawyer: "I'd say it looks good for you. Although the thug only had a bottle of vodka under his coat. You were reasonably justified in perceiving it as a firearm, and thus the use of your weapon is fully justified."

You: "That's great to hear, I was worried that the DA would take a different view simply because I had a few drinks with diner before encountering the thug outside the restaurant."

Your lawyer: "Oh...uh..maybe I can get the DA to let you plea to manslaughter."