Drinking/CCW
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Thread: Drinking/CCW

  1. Drinking/CCW

    Hey Guys,
    I have a question. I prefer to carry if going Downtown, but haven't the last few times, as I thought I might want to have a few drinks.

    If I do decide to drink, my girlfriend who doesn't drink, drives us home with my car.

    My question is, is it legal for me to carry, then leave my gun in the trunk of the car once I start to drink, then have my girlfriend drive me and the car home (with the gun in the trunk and not on me)?

    I think that would be allowed, as I am not drinking while having the gun on me. I just worry, that if the gun is in the trunk, with me in the car, it might pose a problem since my girlfriend doesn't have a CCW and she's driving the car with the gun in it.

    Let me know if anyone has any advice. Thanks guys!

  2.   
  3. #2
    Join Date
    Feb 2009
    Location
    Jackson, Michigan
    Posts
    59
    I am not a lawyer!

    I believe MI law states that we must unload the gun and have it in a locked case in the trunk if we are driving with any alcohol in our system. The MI state police website has some good FAQs addressing CPL regulations.
    George Washington: “They may pass a law to issue paper money, but 20 laws will not make the people receive it. Paper money is founded upon fraud and knavery.”

  4. This is the only time the law says you must seperate the gun and ammo.
    Gun unloaded, in a case, & in the trunk or un accessable to occupents of the vehicle.
    Ammo seperated from the gun. The suggestion is ammo in glove box.

  5. Handgun and drinking...

    If you intend to drink, Leave it home.. It will keep you from LEO BS...

    Now if your just out and intensely stop at a bar for Food a drinks with friends then you will need to lock it up remove the Mag..Also if your carrying a extra mag you will need to put that in the glove box or trunk.

  6. definition of unloaded

    sometimes, unloaded means that the magazine is unloaded. see http://www.legislature.mi.gov/docume...s/firearms.pdf page 55.

    must the magazine be unloaded in this case?

    in regards to you girlfriend or other driving, michigan state police web site
    MSP - Carrying Under the Influence
    says, 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.

  7. I haven't done the legal research, but if your girl friend is eligible, might it be prudent to get her a CPL as well?

  8. #7
    Join Date
    Mar 2011
    Location
    State of Confusion
    Posts
    7,733
    You're splittin' hairs. If you plan on drinking leave the gun home.
    GOD, GUNS and GUITARS

  9. #8
    Quote Originally Posted by Jimyhoffer View Post
    sometimes, unloaded means that the magazine is unloaded. see http://www.legislature.mi.gov/docume...s/firearms.pdf page 55.

    must the magazine be unloaded in this case?
    No, this is a long gun hunting law.

    Quote Originally Posted by BC1 View Post
    You're splittin' hairs. If you plan on drinking leave the gun home.
    If he's a passenger and the gun is in the trunk following the law, what hair is he "splittin"?
    We have rights here in Michigan you just couldn't handle.

  10. #9
    Join Date
    Aug 2011
    Location
    Sebewaing Michigan
    Posts
    4
    On the last day of our CPL instruction we listened to the assistant prosecuting attorney of Saginaw County expound upon the gun laws of Michigan and he did a fine job I might add, if I recall he stated that if you are out and about carrying your gun and you decide to have a meal and a couple of drinks (say for example, Applebees for supper) then you must lock your gun in the trunk of your car, if you go out with the intention of getting juiced up then leave your gun at home. To date I taken his advice, normally when I carry I do not indulge in drink, however being human, sometimes the urge overcomes me. At this time I lock my model 27 in the trunk and remove the six rounds to my pocket. To date I have not had an encounter with an LEO to test the PA's advice. I guess the best advice and a sure thing for all of us would be to abstain from alcohol when carrying your firearm in MI.

  11. #10
    Quote Originally Posted by Tim Smith View Post
    if you go out with the intention of getting juiced up then leave your gun at home. I guess the best advice and a sure thing for all of us would be to abstain from alcohol when carrying your firearm in MI.
    I would say thats good advise,you cant drik and drive anyway so whats the point of drinking.
    WOODY!
    Please Bless and Support our Troops.
    Dont Blink, 100 Years Goes Faster Than You Think...

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