Open Carry and Alcohol Limits - Page 5
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Thread: Open Carry and Alcohol Limits

  1. #41
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    Quote Originally Posted by GLOCK9 View Post
    I don't Not Drink Anymore. At one time, Years Ago, I Thought About Drinking as a Career.... So Gave it Up.
    I've Read the Posts...and Everyone seems to be taking it to extremes. I would NEVER advocate Guns and Booze...But, Let's face real world. This gets into the When do I carry or When Not? You should ALWAYS CARRY... So this Falls into the "I Guess I will NEVER Drink" area...when out. But, Drink at home? (Alone?) Wrong...Real World, You are Going to Dinner with your wife or Girl... You Carry. You Have one glass of wine... One Drink per Hour. That is the Limit... (Or Whatever LESSER Amount works for you..) Stopping by a Friends House and having a Beer while watching a Sports Game.. Then Driving home, LEGAL,...it is with a Carry Pistol as well. If you get angry, argue, messy, blurry, impaired in anyway, then you know YOUR limit... Don't do it. If you have a Problem and Don't know your limit, Then get Help, Dont Drink and Drive and Dont Carry a Gun.
    I have never Heard of a case... (Except when the Shooter was DRUNK...Read DRUNK) that the question of one drink had a role... Prosecutors are used to running the law...if the LAW Says you were under the limit, you are under the limit. If you are Over, You are OVER... Period.
    Bars are Not Legal to Carry in Any State that I know Of... But, Restaurants are... IF THE BUSINESS is Marketed or Profits more than 50-60% From FOOD... If Booze is the Business with some "bar Food", its a Bar...Leave the Gun in Car.
    I go out and play pool at a Pub, that has a Bar area, but is a Sit down Restaurant. They Market the place as a Restaurant/Pub... That is Legal. Going to "Corner Bar" and Sitting at the Bar and having three Scotches in an Hour is a Mess, and Leave the Gun home.
    My Experience ..Worth all of 2 Cents... Spend it Wisely. God Bless, Stay Safe, Captain.
    Glock, I appreciate your "real world" take. Having said that...
    You hear do not use re loads for self defense because "it will be used against you" ( not necessarily true). Hmmm "why did you shoot him 6 times?" (he he I know but some say that that could be excessive)
    My point is that I don't need to give anyone (idiot prosecutor or ambulance chaser or anti gunner in the jury) any extra excuse to punish me if I had to defend myself or anyone else with a fire arm.
    Carry all the time = don't drink. Out for a dinner and a drink or two = not carrying.

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  3. #42
    Wow,I had to read some of these post 2x just to be sure what I read!
    There is No Way ANYONE should Drink & Drive "OR" Drink while Carrying a Weapon on you or locked in your car! I don't care if its in your car locked up! You could still mistake some action has a Threat! Go get your weapon and shoot some one! Its always the Drinker who THINKS HES OK & HE / SHES NOT,BUTACTUALLY DRUNKER THAN A SKUNK!
    Then once again were trying to defend our rights to Own & Carry!

  4. #43
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    Jan 2010
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    Philippines/USA
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    Why Would You Have a Difference in Alcohol Limit or legal amount in your blood system to Drive a Car and and a different limit to Carry a firearm? So in that thinking, its OK to get behind the wheel with one or two drinks in you and drive your family SAFELY around or get on the highway... That's Legal. You have unimpaired Judgement ....but same breath you say, NOT OK to carry a gun to protect your family with one or two drinks? I don't get it... Your Judgement is fine to drive a 5000lb vehicle on the street... But somehow after two beers you can not make a judgement to shoot or not if someone is attacking you?
    There are So many more Auto Accidents and a car is a deadly weapon just like a firearm... So why are people posting DONT Drink (under the limit) and Carry a firearm under any circumstance, ... BUT its OK to Drive a Car with two drinks?

    Believe me, I'm not advocating drinking and driving or carrying... I Do not drink anymore for many many years..

  5. Our CHL instructor said if you have one beer ... do not carry. Lock the gun away and then drink. In Texas, if you are pulled over and the LEO even suspects you are drinking, he can pull your gun on the spot.

    ken

  6. #45
    I think it is entirely a bad idea to drink and carry. IMHO

  7. #46
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    Thank you MNBlackjack for a succinct and intelligent comment on a lunatic question

  8. #47
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    Feb 2010
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    Santa Fe Area, New Mexico
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    If you're serious about carrying and serious about drinking, you should give one up. ME, the latter, been that way for years.

    ALWAYS IN TWO ROUND BURSTS

  9. #48
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    You guys can argue all the technical limits you want. Whether for driving or for carrying.
    I don't want to leave it up to a jury if I had to protect myself, that they were paying attention to the details of drinking limits that determine if the average person's judgement was impaired. I think it's more about the jury's perception layed out by the prosecutor or defense.
    This is not a hard concept to grasp. You can argue the fine points all you want, but in REAL life it's the perception. No need to cloud the issue in a self defense case with testimony that you only had one drink as opposed to you had no alcohol at all!


  10. I find it even more astounding that people still support having a couple drinks while carrying, right after the incident in Frickers.

    For me, if I have 1 drink, I don't drive for 1hr. This is what my dad taught me as I grew up, and follow it to this day. 2 drinks = 2hrs. I'm sort of a light weight because I don't drink often, but that one drink does have an effect, and even though you may not feel anything, it's still impairing you.

    I don't really quite get this argument. For one thing, that .02 limit was not set up so you can enjoy that 1/2 a beer. That limit is to prevent CCW holders from getting into trouble with the law, if they use mouthwash, and somehow were unlucky enough to get breathalyzed within the 15-30min after using it. Same reason why many states have legal BAC limits for drivers under 21.

    If you want to drink, don't carry, and if you're carrying, don't drink.

  11. Quote Originally Posted by dgs50819 View Post
    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:
    Michigan Legislature - Section 28.425k


    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
    Wow! That's Michigan State law.

    alcohol and gun mix that's no good! Keep clean and concealed (or open) without alcohol.
    NRA Life Member

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