Question about Michigan law...


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mgregg85
June 27, 2009, 12:10 AM
I'm going to be going camping over the fourth of july in Michigan. I'm a Michigan resident and I have a CCW liscense. I plan to have a beer or two while I'm there and I know that I cannot do that and continue to carry a concealed weapon.

What I want to know is, can I open carry after drinking?

If not can I have my shotgun or rifle(ie not locked in a case) nearby if I have been drinking?

I don't plan on getting drunk, if I did I would definetly lock up all the guns. But I don't think that I should be completely denied protection because I chose to have a couple of beers, I'd like to know what my options are.

Thanks for the help.

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freakshow10mm
June 27, 2009, 12:17 AM
.02 BAC is the limit for possession of a firearm either openly or concealed.

mgregg85
June 27, 2009, 12:25 AM
So basically nothing, and thats for all guns, not just pistols?

I've found where it says you cannot have over a .02 BAC while carrying concealed, but where does the law cover open carrying while drinking?

mgregg85
June 27, 2009, 11:35 PM
I did some digging and found it, its under 750.237

750.237 Liquor or controlled substance; possession or use of firearm by person under influence; violation;
penalty; chemical analysis.
Sec. 237. (1) An individual shall not carry, have in possession or under control, or use in any manner or discharge a firearm
under any of the following circumstances:
(a) The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and
a controlled substance.
(b) The individual has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters of breath, or per
67 milliliters of urine.
(c) Because of the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled
substance, the individual’s ability to use a firearm is visibly impaired.
(2) Except as provided in subsections (3) and (4), an individual who violates subsection (1) is guilty of a misdemeanor punishable
by imprisonment for not more than 93 days or a fine of not more than $100.00 for carrying or possessing a firearm, or
both, and not more than $500.00 for using or discharging a firearm, or both.
(3) An individual who violates subsection (1) and causes a serious impairment of a body function of another individual by
the discharge or use in any manner of the firearm is guilty of a felony punishable by imprisonment for not more than 5 years
or a fine of not less than $1,000.00 or more than $5,000.00, or both. As used in this subsection, “serious impairment of a body
function” includes, but is not limited to, 1 or more of the following:
(a) Loss of a limb or use of a limb.
(b) Loss of a hand, foot, finger, or thumb or use of a hand, foot, finger, or thumb.
(c) Loss of an eye or ear or of use of an eye or ear.
(d) Loss or substantial impairment of a bodily function.
(e) Serious visible disfigurement.
(f) A comatose state that lasts for more than 3 days.
(g) Measurable brain damage or mental impairment.
(h) A skull fracture or other serious bone fracture.
(i) Subdural hemorrhage or subdural hematoma.
(j) Loss of an organ.
(4) An individual who violates subsection (1) and causes the death of another individual by the discharge or use in any manner
of a firearm is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00
or more than $10,000.00, or both.
(5) A peace officer who has probable cause to believe an individual violated subsection (1) may require the individual to
submit to a chemical analysis of his or her breath, blood, or urine. However, an individual who is afflicted with hemophilia,
diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician is not required to submit to a
chemical analysis of his or her blood.

So is the limit .08 then? Does that bolded part only apply if you haven't been consuming "alcoholic liquor"?

freakshow10mm
June 28, 2009, 01:06 AM
I thought the .02 BAC was universal for firearm possession. It seems .02 BAC is for concealed and .08 BAC for open or under control.

No it's separate. It means if by any method of intake your blood system contains equal to or greater than .08 BAC of alcohol, you are breaking the law. It doesn't have to be a drink such as beer, liquor, or wine. If you drink enough cough syrup containing alcohol to bring your BAC up to or over .08 BAC, you are in violation of the law. The type and method are of no consequence, the mere fact that your BAC is .08 is the legal threshold.

My advice, be a responsible adult and do not possess a firearm while any alcohol is in your system. Your call.

mgregg85
June 28, 2009, 01:31 AM
Yeah thats definetly the safest way to go but how should I go about storing the firearms while drinking? Is it ok to lock them up in the vehicle?

freakshow10mm
June 28, 2009, 02:03 AM
Lock it in the vehicle at least.

clutch
June 28, 2009, 03:40 AM
Unless they changed things, if you are carrying and decide to imbibe, locking the firearm in the trunk, cased and unloaded is the way to go.

Clutch


PS Always remember when armed, don't start nothing, don't escalate anything.

rushur
June 28, 2009, 09:44 AM
750.237 Liquor or controlled substance; possession or use of firearm by person under influence; violation;
penalty; chemical analysis.
Sec. 237. (1) An individual shall not carry, have in possession or under control, or use in any manner or discharge a firearm
under any of the following circumstances:
(a) The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and
a controlled substance.
(b) The individual has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters of breath, or per
67 milliliters of urine.

Would having a firearm in your trunk be " under control"? You might also want to ask this question on the Michigan Gun Owners site.

freakshow10mm
June 28, 2009, 11:53 AM
Possession means wingspan. Control means easily accessible without barriers.

bigalexe
June 28, 2009, 11:56 AM
In response to TC.

The situation you described in my mind is not even one of legal note its one of personal and public safety. It has been said and proven that guns and alcohol don't mix. If you consuming or are under the influence of alcohol, your firearms should not be handled until you are sober.

clutch
June 28, 2009, 12:14 PM
Please read the whole link, I excerpted the bit at the bottom because I wanted to be sure I recalled correctly what I wrote earlier.


http://www.michigan.gov/msp/0,1607,7-123-1591_3503_4654-10961--,00.html

* 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.
For other prohibitions against carrying a concealed weapon, see "Pistol Free Areas".

Clutch

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