Alcohol and conceal carry - Page 2

Alcohol and conceal carry

This is a discussion on Alcohol and conceal carry within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; 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 ...

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Thread: Alcohol and conceal carry

  1. #16
    Member Array ramitupurs84's Avatar
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    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.


  2. #17
    VIP Member Array Spirit51's Avatar
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    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.
    A woman must not depend on protection by men. A woman must learn to protect herself.
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  3. #18
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    Quote Originally Posted by ramitupurs84 View Post
    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?
    "If I had my choice I would kill every reporter in the world, but I am sure we would be getting reports from Hell before breakfast."
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  4. #19
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    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?

    Quote Originally Posted by rt_hawk View Post
    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.
    Liberty Over Tyranny Μολὼν λαβέ

  5. #20
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    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.

  6. #21
    Distinguished Member Array noway2's Avatar
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    Quote Originally Posted by QKShooter View Post
    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.

  7. #22
    Member Array .45acpguy's Avatar
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    Quote Originally Posted by Spidey2011 View Post
    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.

  8. #23
    Member Array rt_hawk's Avatar
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    Quote Originally Posted by QKShooter View Post
    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.

  9. #24
    Member Array RonCo's Avatar
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    noway2 likes this.

  10. #25
    Senior Member Array highvoltage's Avatar
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    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.

  11. #26
    Senior Member Array highvoltage's Avatar
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    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
    jcampe and LenS like this.

  12. #27
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    Quote Originally Posted by highvoltage View Post
    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.
    "If I had my choice I would kill every reporter in the world, but I am sure we would be getting reports from Hell before breakfast."
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  13. #28
    VIP Member Array BenGoodLuck's Avatar
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    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.
    Ben

    Cogito, ergo armatum sum. I think, therefore I am armed. (Don Mann, The Modern Day Gunslinger; the ultimate handgun training manual)


  14. #29
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    Quote Originally Posted by QKShooter View Post
    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?
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

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  15. #30
    Senior Member Array highvoltage's Avatar
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    Quote Originally Posted by Mike1956 View Post
    The portion you highlighted answered the original question spot on.
    I was hoping it did.

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