Open Carry and Alcohol Limits

[dgs50819]

This was my answer from the Michigan State Police.

The answers to both of your questions are found in MCL 28.425k and I have included a link to that section below:
http://www.legislature.mi.gov/(S(5uo...&highlight=.02


1) MCL 28.425k provides, in part:
"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."

The standard applies to any CPL holder carrying a pistol, not just driving with a pistol.

2) An individual carrying a concealed pistol with any BAC is subject to immediate seizure of their pistol and the following penalties:

BAC of .02 - .07 = State civil infraction, $100 fine, and up to 1-year CCW license revocation.
BAC of .08 - .09 = 93-day misdemeanor, $100 fine, and up to 3-year CCW license revocation.
BAC of .10 or more = 93-day misdemeanor, $100 fine, and permanent CCW license revocation.


Best Regards,
Sgt H ...
Michigan State Police

Also - A local police detective told me said that this is basisally the same standard for open carry, and that the state law applies regardless if you are driving, walking, hunting, etc. in a public area

[JJFlash]

Your post sounds like you're worried about the breathalyzer results if you had a drink or two and were carrying (excuse me if I'm wrong on this). We had a rather lengthy thread and discussion some time ago on this topic and if I recall the bottom line consensus (not all, but most) said "don't drink at all and carry".

Using this "abstinence method" you wouldn't have to worry at all about a second offense, at least as far as drinking goes, anyway.

[AvidshooterTX]

Probably sound advice. If you absolutely have to shoot someone you will be crucified if you have any alcohol in your system.

[ClearSightTactical]

Probably sound advice. If you absolutely have to shoot someone you will be crucified if you have any alcohol in your system.

You're DONE if you shoot someone with anything in your system. Even if it was a good shoot you were "intoxicated" and your judgment was effected. My state says having ANY alcohol/narcotics in your system while carrying is "negligent use of a deadly weapon"

[Ga9mm]

I've never even thought about such limitations existing. Wonder why there is an allowance at all...

[JJFlash]

I've never even thought about such limitations existing. Wonder why there is an allowance at all...

I guess cause in some states, it's legal to carry in bars and even drink. I don't think that's the norm, but several have posted that's the case where they live. I don't remember the states....

[Ga9mm]

Now that you mention it, that sounds familiar. I'll just keep it a personal preference to hold off. If it ever happens where push comes to shove, I don't want anything working against me at all that can be avoided.

[79broncoguy]

wondering why you whould drink and carry a firearm is beside me... no matter how good you might think you with alochol in your system you will be inpared... most states driving with any thing over .02-.079 is driving inpared... if you feel you must drive home after drinking dumb idea by its self then add a gun to the equasion think $1,000 fine and revocation whould be the least of your worries. siice you have ccw pretty shure it going to be the same laws, but if you must drive home lock it case it seprate it from ammo have it out of your reach then you just have to worry about the driving impared/dui carge

[dgs50819]

Appreciate all of the feedback. Funny thing is that I asked the Michigan State Police the same thing and they don't answer.

My point was not that I wanted to booze up and run around with a pistol in my belt. I am well aware of the risk of that type of action. I am just trying to find out the legal limits and issues of carrying a weapon with alcohol on your breath, even if its only a little. For example, they say if you hacve a CCW you can open carry into a bar. Well, what if you have a beer while you are there? Did you break some kind of law? I really don't believe that one or two beers in an hour is going to get you in troulbe even if you had to use your weapon.

Another question arose in later disucssions - What if a passenger in my car carried open or with a CCW and was drinking, even if I was not? Am I liable for something becasue I didn't think to ask him to lock up the gun?

I know we are supposed to think of those things and behave well at all times, but S--- happens!. I am not looking for a reason to do dumb things. Just wondering what the laws are covering those dumb things.

If I ever do get some official info from the police or a credible lawyer, I will post it.

[Unfettered Might]

If I ever do get some official info from the police

Information from the police on anything to do with the carrying of a firearm, at least in my experience, will not be entirely truthful and on some of the more obscure issues, most likely just wrong.

Look them up or contact a PRO GUN attorney.

I find myself educating the LEOs more than they've educated me.....

For example, how many LEOs in Kentucky know that you can OC a firearm into a bar as long as it's UNLOADED. Concealed carry is forbidden and most would think that of OC too. I would bet you, 9 out of 10 wouldn't believe me unless I showed it to them in black and white.