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Question about Michigan law...

Discussion in 'Legal' started by mgregg85, Jun 26, 2009.

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  1. mgregg85

    mgregg85 Member

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    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.
     
  2. freakshow10mm

    freakshow10mm member

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    .02 BAC is the limit for possession of a firearm either openly or concealed.
     
  3. mgregg85

    mgregg85 Member

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    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?
     
    Last edited: Jun 27, 2009
  4. mgregg85

    mgregg85 Member

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    I did some digging and found it, its under 750.237

    So is the limit .08 then? Does that bolded part only apply if you haven't been consuming "alcoholic liquor"?
     
    Last edited: Jun 27, 2009
  5. freakshow10mm

    freakshow10mm member

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    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.
     
  6. mgregg85

    mgregg85 Member

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    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?
     
  7. freakshow10mm

    freakshow10mm member

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    Lock it in the vehicle at least.
     
  8. clutch

    clutch Member

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    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.
     
    Last edited: Jun 28, 2009
  9. rushur

    rushur Member

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    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.
     
  10. freakshow10mm

    freakshow10mm member

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    Possession means wingspan. Control means easily accessible without barriers.
     
  11. bigalexe

    bigalexe Member

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    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.
     
  12. clutch

    clutch Member

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    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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