Intoxicated while Carrying

statjunk

New member
What is the general penalty for this infraction?

I know it varies by state but what in general is the penalty.

Any know specifically for Michigan?

Thanks

Tom
 

Interesting first post. I'd have to look to see what the laws actually say but I will say that I think that, illegal or not, it’s very irresponsible for a gun owner/permit holder to even consider carrying while drunk.
 
Uh, Tom...just so ya know, most of us who hang on this site kinda frown on this kinda thing:hang3: I don't know what any state penalty is and really have never thought to find out, since this is a BIG non-issue for me.
 
New Mexico: 30-7-4 (A)(2) NMSA
A. Negligent use of a deadly weapon consists of:
(1) discharging a firearm into any building or vehicle or so as to knowingly endanger a person or his property;
(2) carrying a firearm while under the influence of an intoxicant or narcotic;
(3) endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; or
(4) discharging a firearm within one hundred fifty yards of a dwelling or building, not including abandoned or vacated buildings on public lands during hunting seasons, without the permission of the owner or lessees thereof.

B. The provisions of Paragraphs (1), (3) and (4) of Subsection A of this section shall not apply to a peace officer or other public employee who is required or authorized by law to carry or use a firearm in the course of his employment and who carries, handles, uses or discharges a firearm while lawfully engaged in carrying out the duties of his office or employment.
c. The exceptions from criminal liability provided for in Subsection B of this section shall not preclude or affect civil liability for the same conduct.

Whoever commits negligent use of a deadly weapon is guilty of a petty misdemeanor.
 
I think that in Alabama the standard is the same as for driving (0.08%). Seems to me that I've read the same about certain other states. I'm not sure, but some states might require that you not drink at all, such as in a restaurant. You are certainly asking for trouble by drinking while carrying.

Yeah, troll alert.
 
I think that in Alabama the standard is the same as for driving (0.08%). Seems to me that I've read the same about certain other states. I'm not sure, but some states might require that you not drink at all, such as in a restaurant. You are certainly asking for trouble by drinking while carrying.

Yeah, troll alert.

In Alabama, the issuing Sheriff makes the rules... On the back of the St. Clair County pistol permit, rule #4 states; "Your pistol permit does not allow you to carry a pistol in any place that serves alchohol or while you are drinking"...
 
Mine (Blount County) says that, too, and I have observed that stipulation 100 percent. But while the issuing sheriff does make rules, the laws of the State of Alabama supersede them. It doesn't matter what the sheriff puts on the permit if it conflicts with state law. The state law concerning alcohol may be the same, for all I know. I'll look it up when I get a chance.

St. Clair? Are you a member of the Heritage Gun Club, Glockster20?
 
In SC the only law related to this that I can find is the one concerning CC in a place that serves alcohol. Otherwise I don't think there is one. It sure seems that at least 90% of the shootings I hear about "involve alcohol", more like drunks, and I haven't heard of anyone being charged for CWD (Carrying While Drunk). Behave yourself and you won't have any problems. Misbehave and carrying will probably be the least of your worries.
 
Not a Troll.

A friend I know does this while hunting. I'm trying to convince him that this isn't in his best interests by telling him what the legal ramifications might be. Yes he's on private property but I don't think it should matter. He shouldn't be doing it. Just want to know what the legal side of it is.

Thanks

Tom
 
Mine (Blount County) says that, too, and I have observed that stipulation 100 percent. But while the issuing sheriff does make rules, the laws of the State of Alabama supersede them. It doesn't matter what the sheriff puts on the permit if it conflicts with state law. The state law concerning alcohol may be the same, for all I know. I'll look it up when I get a chance.

St. Clair? Are you a member of the Heritage Gun Club, Glockster20?

No not a member of Heritage Gun Club... it does sound familiar though.
 
AL is a may issue State so the issuing Sheriff can make the rules. However if you are visiting AL and carrying on a recognized or reciprocal CCW, you can do whatever State law does not explicitly prohibit. AL sheriffs do not have the authority to revoke a CCW they didn't issue.

MI is what I call a dry State. .02 to .08 and you may get your MI CPL suspended and pay a $100 fine; .02 is roughly one drink. However it's a civil infraction if you're carrying in MI on a recognized or reciprocal CCW. MI county gun boards do not have the authority to suspend or revoke a license or permit they did not issue. Unless you're convicted of a crime, the issuing jurisdiction of a shall issue State will just give you your license or permit back or worst case they sit on it and you just report it lost or stolen and get another one from the issuing jurisdiction. However, there is caution with may issue States, they may revoke it.

However it is a civil infraction so nothing will happen to you other than paying a fine if you're .02 to .08 under MCL 28.425k.

I'm in Nevada where liquor is easier to get than water in many parts of the State; it's .10 BAC in Nevada per NRS 202.257. It's a misdemeanor. However you will most likely lose your NV CFP if convicted. You'll also lose the firearm if you endangered others with it while intoxicated. If you have any other States you'll likely lose those too, especially CT and UT.

I also have a European philosophy with respect to alcohol. One or two will not hurt you if you're in reasonably good health especially if you have them with a meal. I also acknowledge that if you do have any trace of alcohol in your system, it can be used against you if you're in a motor vehicle accident or other justifiably use your firearm in self defense.

When States start having the absolute prohibition attitude with respect to driving, which will never happen as it will affect many industries especially tourism, then I will have it with respect to carrying. DUI is the predominate public safety threat.

The only reason it's still .10 BAC in Nevada is our State legislature hasn't gotten around to lowering it to .08 BAC. The only incident that I have heard of with someone being intoxicated with a firearm was with an FBI agent at a casino. He went into a restaurant freezer and shot up a case of frozen lobsters with his service pistol. I think it happened at the Gold Coast. It made the news. I believe the incident happened a few years ago.
 
Wow. I was told it was a much bigger issue to be in possession of a firearm while intoxicated. My buddy was right that it's more like a slap on the wrist. I figured there was a mandatory jail sentence.

I'm surprisingly disappointed.

Tom
 
Wow. I was told it was a much bigger issue to be in possession of a firearm while intoxicated. My buddy was right that it's more like a slap on the wrist. I figured there was a mandatory jail sentence.
The risk of losing your MI CPL is a major issue since it's up to the county gun board, not MI State law if you are cited for 28.425k if you're going to lose it. That would be a major concern to me if I was a MI resident. It's not up to your DMV if you're under .08 BAC or have a couple with a meal if you get to keep your driver license.

However. many of us who do go through the process to get licensed or permitted to carry are responsible individuals. Remember the drink responsibly campaign? Same thing applies to carrying; carry responsibly. They're not mutually exclusive.

Most States the standard for possession of a firearm under the influence is the same as DUI. Notable exceptions are States that allow restaurant carry but no consumption; AZ, GA and TN.

Again being from Nevada and my philosophy following under being responsible I don't see the need for absolute prohibition while carrying.
 
Frankly, the attitude of 1 or 2 is OK gets people in trouble. 1 or 2 what? Beers, Shots of Whiskey? If you're carrying a gun you should NOT be drinking. I think that ONE DRINK of alcohol should be grounds for a DUI. Then again, I'm in New Mexico where fatalities of DUI are some of the highest in the nation.

Being drunk, and driving (and/or) are not protected rights under the constitution, so I think it fair to say that a person who chooses to drink (even 1 or 2) before driving should be sentenced for DUI
 
Not a Troll.

A friend I know does this while hunting. I'm trying to convince him that this isn't in his best interests by telling him what the legal ramifications might be. Yes he's on private property but I don't think it should matter. He shouldn't be doing it. Just want to know what the legal side of it is.

Thanks

Tom


He shouldn't be drinking while hunting! :nono: This guy is an accident waiting to happen. In his case, it's not a matter of "if", it's "when" something is going to happen. Can't stand guys who go hunting drunk.


gf
 
I'll tell ya something else, Tom...I don't know if you are, but I'd be damned if I'd go hunting with this fool.
 

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