firearms & alcohol

[Dr.Gee]

How do laws apply if intoxicated on ones own property?
Can you carry in your house over the limit? This question assumes no accompanying bad behavior.

[seeker01]

never a good combination!
However, interesting question...what's the scenario?
you're having a party and have a few drinks while still wearing your gun?
(as opposed all of them safely stored away under lock and key)

...is your property, not or someone else's/neighbor/buddy... right? so... why would the local deputy come a-knocking?

bottom line, i would not tempt fate and put the gear away as soon as someone opens/pours a drink
:biggrin:

[zigziggityzoo]

The legal limit to possession of a firearm while drinking is .08, and that figure is reduced to .02 for CPL holders.

I don't know of any difference in the law for possession in the home.

[Dr.Gee]

So what happens with a home invasion after a party?

[Joeywhat]

So what happens with a home invasion after a party?

Call your lawyer.

[Dr.Gee]

The legal limit to possession of a firearm while drinking is .08, and that figure is reduced to .02 for CPL holders.

I don't know of any difference in the law for possession in the home.

Cant you carry concealed on your own property without a CCW?

[Dr.Gee]

Call your lawyer.

Thats even less effective than calling the police.

[who dat]

The legal limit to possession of a firearm while drinking is .08, and that figure is reduced to .02 for CPL holders.

I don't know of any difference in the law for possession in the home.
I think you can carry open with a CPL and then be subject to the higher limit of .08.

28.425k Acceptance of license as implied consent to submit to chemical analysis of breath, blood, or
urine.
Sec. 5k. (1) Acceptance of a license issued under this act to carry a concealed pistol constitutes implied consent to submit to
a chemical analysis under this section. This section also applies to individuals listed in section 12a(a) to (f).
(2) An individual shall not carry a concealed pistol while he or she is under the influence of alcoholic liquor or a controlled
substance or while having a bodily alcohol content prohibited under this section. A person who violates this section is responsible
for a state civil infraction or guilty of a crime as follows:
26 FIREARMS LAWS OF MICHIGAN — STATUTES
(a) If the person was under the influence of alcoholic liquor or a controlled substance or a combination of alcoholic liquor
and a controlled substance, or had a bodily alcohol content of .10 or more grams per 100 milliliters of blood, per 210 liters of
breath, or per 67 milliliters of urine, the individual is guilty of a misdemeanor punishable by imprisonment for not more than
93 days or $100.00, or both. The court shall order the concealed weapon licensing board that issued the individual a license to
carry a concealed pistol to permanently revoke the license. The concealed weapon licensing board shall permanently revoke
the license as ordered by the court.
(b) If the person had a bodily alcohol content of .08 or more but less than .10 grams per 100 milliliters of blood, per 210 liters
of breath, or per 67 milliliters of urine, the individual is guilty of a misdemeanor punishable by imprisonment for not more than
93 days or $100.00, or both. The court may order the concealed weapon licensing board that issued the individual a license to
carry a concealed pistol to revoke the license for not more than 3 years. The concealed weapon licensing board shall revoke the
license as ordered by the court.
(c) If the person had a bodily alcohol content of .02 or more but less than .08 grams per 100 milliliters of blood, per 210
liters of breath, or per 67 milliliters of urine, the individual is responsible for a state civil infraction and may be fined not more
than $100.00. The court may order the concealed weapon licensing board that issued the individual the license to revoke the
license for 1 year. The concealed weapon licensing board shall revoke the license as ordered by the court. The court shall notify
the concealed weapon licensing board that issued the individual a license to carry a concealed pistol if an individual is found
responsible for a subsequent violation of this subdivision.

[who dat]

Cant you carry concealed on your own property without a CCW?Yes.

[bunk]

Being a relatively new concealed carrier as well as a casual drinker, I have thought about this - having a few drinks at home while carrying. My conclusion is this: I won't do it. I am not concerned about myself get crazy with a loaded gun and endangering innocent bystranders (in my own home), rather, what if someone did break-in and I had to (or thought I had to) use deadly force...I would have alcohol in my system and that would be a real problem to convince an investigator and jury that I used sound judgement in my choice to use deadly force. Would it not?

[who dat]

Being a relatively new concealed carrier as well as a casual drinker, I have thought about this - having a few drinks at home while carrying. My conclusion is this: I won't do it. I am not concerned about myself get crazy with a loaded gun and endangering innocent bystranders (in my own home), rather, what if someone did break-in and I had to (or thought I had to) use deadly force...I would have alcohol in my system and that would be a real problem to convince an investigator and jury that I used sound judgement in my choice to use deadly force. Would it not?Perhaps, but there is no duty to retreat, so that's covered. (Stand your ground)

There is also the presumption that anyone entering your home means you harm up to and including death, so that's covered. (Castle Doctrine)

IMO, not as much to worry about as you think.

As always, others may think differently. Me? I'm getting a beer.

[GPintheMitten]

I'm not for carrying in any style while drinking, but if you're at home and have had a few drinks, then someone breaks in and you feel your life is threatened, I think you are justified in defending yourself.

[Leader]

I'm not for carrying in any style while drinking, but if you're at home and have had a few drinks, then someone breaks in and you feel your life is threatened, I think you are justified in defending yourself.

But wouldn't the fact that you had a beer make you incapable of rational thought? You wouldn't know if your life was in danger or not.

[who dat]

But wouldn't the fact that you had a beer make you incapable of rational thought? You wouldn't know if your life was in danger or not.If somebody breaks in, they're not looking for a tennis partner.

[slowstang93]

carrying or not...what would you do if someone broke into your house lets say after the super bowl party you hosted and the chicago bears won and you had a few to many....

or lets say a family bbq with a few drinks...


would you just hide under your bed?


carrying or not. you would do what you needed to do protect yourself/family. I believe you would sober up pretty quick and adrenaline and instinct would take over...

[45 acp]

But wouldn't the fact that you had a beer make you incapable of rational thought? You wouldn't know if your life was in danger or not.
You can bet that that would be looked at very closely by the police

[jackle1886]

Don't make more out of this than it is. If it's a "good shoot" it's a good shoot no matter if it's me, drunk me, grandma, grandpa, my 7yr old cousin, or whoever pulling the trigger. If I am legally defending myself I am legally defending myself.

While I do not suggest mixing booze and guns, I do have a drink at home, while my pistols are safe tucked into their holsters. Actually, right now I am enjoying a beer and there is a pistol on the steps and one on the dresser, just minding their own business. It's a NON issue as far as I'm concerned.

[Chadwick122689]

I know this gets tossed around a lot, but "it's better to be judged by 12 than carried by six"... IF your life and your family's lives are in danger, are you gonna let all of you be killed for fear of prosecution because you had a beer after work while you were carrying?... But I'm just a dumb 21 yr old with no family to worry about so think what you may...

[Joeywhat]

If you REALLY want to avoid the issue...then just don't drink.....

[dpgperftest]

But wouldn't the fact that you had a beer make you incapable of rational thought? You wouldn't know if your life was in danger or not.
hay Ill drink to that

[Leader]

hay Ill drink to that

Maybe Apple Pie but not beer.

[dpgperftest]

Maybe Apple Pie but not beer.
Apple pie makes a good chaser when doing shoots of 190 proof ever clear :crazy: as for beer ,beer is bad never drink beer and handle a firearm :badass:

[Dabears!]

If you REALLY want to avoid the issue...then just don't drink.....
uh no...
i just dont carry when drinking, i do keep one loaded on the nightstand of my bed, where i usually am after i am done drinking at home.
if someone breaks in and im not there thats where ill go.

[pfries]

Well I now reside in TN; we have similar laws regarding CC/OC and carry.The laws are vaguer as they only state “under the influence” I will have 1 or 3 at home if I am having more than that I tend to put it up but within reach and the shotgun is handy (kind of hard to conceal that). We also have the castle doctrine and no duty to retreat with preemption of the law for breaking and entering. In a real situation I would not hesitate to employ the use of one of my defensive tools.

[Sobit40]

My biggest problem with the blood alcohol thing is, .02 or .08 is not drunk. C'mon people hae some comon sense. Three beers or even six beers is not being loaded by no means. But in our stupid court system it is . The do gooders won that one. I like my beers but drink resoponsably and do carry a weapon. When I get to the point I shouldnt carry a weapon while drinking I disarm . When did responsabilty for your own actions not be the way of life?? Trust me...if ya come to threaten the life of me or my family after one or six beers....you wont walk away !!