Alcohol and conceal carry

[ramitupurs84]

OOOO I think you assumed I lived in Maine, nope it says Michigan where yours says Marion County, Ohio. Sorry for the confusion. I was giving my experience around the discussion.

[DefensiveCarry.com]

[Spirit51]

I won't advise you on the law in your state, but as a general personal rule if I go where I will be drinking (usually not more than three drinks) I leave my firearm at home. I never drink more than that, so if I feel a need for protection...I pocket my little pepper spray. Never had to use it....just feel safer with it, if I am not with my hubby.

[Mike1956]

OOOO I think you assumed I lived in Maine, nope it says Michigan where yours says Marion County, Ohio. Sorry for the confusion. I was giving my experience around the discussion.

No, I was surprised a Michigan lawyer would be offering a legal opinion on Maine gun law. What experience do you have with Maine gun law?

[QKShooter]

Sometimes I wonder why I bother posting like I did in post #10 in this very same thread.
Have my posts as a forum Administrator somehow been rendered invisible?

Like oil and water, guns and intoxicants will not mix very well, so it's best to not even bother. And when your carrying you may be put in a situation where there is the chance you take a life. And you owe it to your fellow man to be of sound mind when making such a important decision.

[Armydad]

In NC we are prohibited from drinking anything and carrying. However, in Maine you must do your research. I would make sure that you found out that there were no hidden BAC that is different from DUI as it relates to a gun. My personal stance (not law) is that I do not drink if I am carrying and would operate this was even if NC law was different. In this litigious society it is not worth the risk. Good luck on your search.

[noway2]

Sometimes I wonder why I bother posting like I did in post #10 in this very same thread.
Have my posts as a forum Administrator somehow been rendered invisible?

One would think so, based upon this thread. Now, in regards to the topic at hand, there were two items in the snippit from the OP that caught my attention:

in a manner reasonably likely to come to the attention of patrons
and (as has been alluded to)
under the influence of intoxicating liquor versus an excessive alcohol level

I interpret the first to mean that OC is banned, as well as being a possible catch call for some forms of brandishing. The second one is puzzling. Obviously the author(s) had some difference between the two situations in mind, else they would have made a simple statement banning alcohol completely like most places do.

[.45acpguy]

Don't do it. Firearms and alcohol are a bad combination. Whether you're legally intoxicated or not, you'll still be impaired.

Agreed.

It is not a good idea to investigate just how close you can come to the approved limit before you lose your CCW. Keep booze and carrying as separate as you possibly can.

[rt_hawk]

Sometimes I wonder why I bother posting like I did in post #10 in this very same thread.
Have my posts as a forum Administrator somehow been rendered invisible?

I thought we were all about defying authority?? But sorry, I missed this. But anytime this question comes up the easier way to see the law is just avoid mixing the two. And it's important to see all opinions before making a decision.

[RonCo]

Cancel all my meetings.jpg

[highvoltage]

Again, free legal advice here, so use accordingly. According to Maine's Bureau of Highway Safety, operating under the influence is defined as:

Maine's OUI Laws Explained
Operating Under the Influence (OUI)

In Maine, if you are driving a motor vehicle with a blood alcohol content of .08% or more, you are guilty of a criminal offense known as Operating Under the Influence (OUI).

And:

Blood Alcohol Content (BAC)

BAC is a precise way of stating the amount of alcohol in a quantity of blood. BAC can be measured with a breath test or a blood test. If you have a BAC of .08% or more, you can be found guilty by a court on this basis alone, without further evidence.

That covers operating under the influence. Assumption being made here that carrying under the influence would be treated the same as operating under the influence; i.e. illegal if over .08% BAC. Again, assumptions and free legal advice, YMMV.

[highvoltage]

This is even better. From: State of Maine LAWS Relating to Permits to Carry Concealed Firearms ISSUED BY THE BUREAU OF MAINE STATE POLICE AUGUSTA, MAINE:

17-A M.R.S.A. § 1057, Possession of firearms in an establishment licensed for on premises
consumption of liquor
1. A person is guilty of criminal possession of a firearm if:
A. Not being a law enforcement officer or a private investigator licensed under
Title 32, chapter 89 and actually performing as a private investigator, the person
possesses any firearm on the premises of a licensed establishment posted to prohibit
or restrict the possession of firearms in a manner reasonably likely to come to the
attention of patrons, in violation of the posted prohibition or restriction; or
B. While under the influence of intoxicating liquor or drugs or a combination of
liquor and drugs or with an excessive blood-alcohol level, the person possesses a
firearm in a licensed establishment.
2. For the purposes of this section, "licensed establishment" means a licensed
establishment as defined by Title 28-A, section 2, subsection 15, the license for which is
held by an on-premise retail licensee, as defined by Title 28-A, section 2, subsection 27,
paragraph B. For the purposes of this section, "premises" has the same meaning as set
forth in Title 28-A, section 2, subsection 24.
3. It is not a defense to a prosecution under subsection 1 that the person holds a
permit to carry a concealed firearm issued under Title 25, chapter 252.
29
4. A law enforcement officer who has probable cause to believe that a person has
violated subsection 1, paragraph B, may require that person to submit to chemical testing
to determine blood-alcohol level or drug concentration. If the court is satisfied that the
law enforcement officer had probable cause to believe that the defendant was in violation
of subsection 1, paragraph B, and that the person was informed of the requirement to
submit to chemical testing, the person's failure to comply with the requirement to submit
to chemical testing is admissible evidence on the issue of whether that person was under
the influence of intoxicating liquor or drugs.
5. For purposes of this section, "under the influence of intoxicating liquor or
drugs or a combination of liquor and drugs or with an excessive blood-alcohol level" has
the same meaning as "under the influence of intoxicants" as defined in Title 29-A, section
2401, subsection 13. "Excessive blood-alcohol level" means 0.08% or more by weight of
alcohol in the blood. Standards, tests and procedures applicable in determining whether a
person is under the influence or has an excessive blood-alcohol level within the meaning
of this section are those applicable pursuant to Title 29-A, sections 2411 and 2431;
except that the suspension of a permit to carry concealed firearms issued pursuant to Title
25, chapter 252, or of the authority of a private investigator licensed to carry a concealed

[Mike1956]

This is even better. From: State of Maine LAWS Relating to Permits to Carry Concealed Firearms ISSUED BY THE BUREAU OF MAINE STATE POLICE AUGUSTA, MAINE:

The portion you highlighted answered the original question spot on.

[BenGoodLuck]

I'm not a lawyer and this is not advice, but this is how I understand it: A person is guilty of criminal possession of a firearm if...the person possesses any firearm on the premises of a licensed establishment posted to prohibit or restrict the possession of firearms in a manner reasonably likely to come to the attention of patrons; or while under the influence of intoxicating liquor..."

You are guilty of criminal possession of a firearm, if:

1. The place posts that you are prohibited or restricted to possess a firearm and you allow the firearm to come to the attention of the patrons;

or

2. You are under the influence of alcohol or drugs.

[retsupt99]

Sometimes I wonder why I bother posting like I did in post #10 in this very same thread.
Have my posts as a forum Administrator somehow been rendered invisible?

QKShooter who?

[highvoltage]

The portion you highlighted answered the original question spot on.

I was hoping it did.