Alcohol and conceal carry

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; Hello members of Defensive Carry.com! I have a question regarding possessing a firearm while consuming alcoholic beverages. I'm from Maine, and Maine state law says ...

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  1. #1
    New Member Array jcampe's Avatar
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    Alcohol and conceal carry

    Hello members of Defensive Carry.com!
    I have a question regarding possessing a firearm while consuming alcoholic beverages. I'm from Maine, and Maine state law says this.
    1. A person is guilty of criminal possession of a firearm if:
    A. Not being a law enforcement officer or a professional investigator licensed under Title 32, chapter 89 and actually performing as a professional 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 [2011, c. 366, §2 (AMD).]
    B. While under the influence of intoxicating liquor or drugs or a combination of liquor and drugs or with an excessive alcohol level, the person possesses a firearm in a licensed establishment.
    Can someone please explain this to me is terms that are a little easier to understand?

    I'm aware it is illegal to possess a firearm while "under the influence of intoxicating liquor", (logically!) but what is the legal definition of "under the influence"?
    Would that be .08?

    I went to the police station today and inquired about my conceal carry application. The dispatcher told me to come back Monday so that the Chief of police can meet with me and sign it, and I just want to make sure I'm aware of the laws before I actually carry.


  2. #2
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    Free legal advice from an anonymous internet forum is worth, at best, exactly what you pay for it. Laws differ from state to state, and you would be well-served to talk with a Maine attorney well-versed in gun law with specific questions like this one. Many of them will provide a free get-acquainted consultation.
    The Old Anglo, grouse and RayBar like this.
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    Member Array ramitupurs84's Avatar
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    You can't have a drink and have it on your persons, further more a sip in my understanding as being considered such. Your looking for a number, the law is purposely being vague to state alcohol is not to be consumed period. Unload it before you drink and store it in a lockable unreachable spot in your vehicle. Or leave it at home. That's how it's been explained to me in my class by the county prosecutor. One guy can ruin it for all of us. Or so I believe.

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    Quote Originally Posted by ramitupurs84 View Post
    You can't have a drink and have it on your persons, further more a sip in my understanding as being considered such. Your looking for a number, the law is purposely being vague to state alcohol is not to be consumed period. Unload it before you drink and store it in a lockable unreachable spot in your vehicle. Or leave it at home. That's how it's been explained to me in my class by the county prosecutor. One guy can ruin it for all of us. Or so I believe.
    Your prosecutor offered up legal advice on Maine handgun law?
    PEF likes this.
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    Member Array GunTrooper's Avatar
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    Being "under the influence of" in this case allows a law enforcement officer to charge you with the crime in the absence of you submitting to a test of any type. He just needs to articulate some evidence that you had consumed alcohol. In Ohio, there's actually a similar paragraph under the DUI law...

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

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    Quote Originally Posted by GunTrooper View Post
    Being "under the influence of" in this case allows a law enforcement officer to charge you with the crime in the absence of you submitting to a test of any type. He just needs to articulate some evidence that you had consumed alcohol. In Ohio, there's actually a similar paragraph under the DUI law...
    In Ohio, you are committing by law from consuming any amount of alcohol while carrying under a CHL.
    "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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    VIP Member Array Harryball's Avatar
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    If you are going to consume adult beverages then leave your gun in the safe. There is no reason to temp Murphy....
    Don"t let stupid be your skill set....

    Never be ashamed of a scar. It simply means, that you were stronger than whatever tried to hurt you......

  9. #9
    Member Array CowboyKen's Avatar
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    The anti-alcohol crowd is heard from.

    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.
    Quote Originally Posted by Harryball View Post
    If you are going to consume adult beverages then leave your gun in the safe. There is no reason to temp Murphy....
    According to you guys if I have a glass of wine with my meal when I am out I give up my right to protect myself and my wife. I don't think so.

    By the way, that is not what the OP asked. He asked for clarification of the law in Maine. Sorry, OP, I have no idea but I wish you luck finding the answer and please let us know when you do.

    Ken
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    Please stick to and confine answers to the State of MAINE.

    Let's not travel down the "Alcohol And Guns Don't Mix"..."Never touch a drop!" road yet again.


    That has been hashed, double hashed, and rehashed to "dead horse death" on Defensive Carry and I don't think I could take another bout of it.

    Pleas stick specifically to the original post and post answers applicable to that post only.
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    Basically, if you're too drunk to conceal, then you're busted.
    Americans understood the right of self-preservation as permitting a citizen to repel force by force
    when the intervention of society... may be too late to prevent an injury.
    -Blackstone’s Commentaries 145–146, n. 42 (1803) in District of Columbia v. Heller, 554 U.S. 570 (2008)

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    Can't really help you, other than to tell you to check with a lawyer in Maine that deals in firearms related cases. Odds are the "under the influence" level will be the same for guns as for driving, but you need to ask an expert to be sure.
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    Ex Member Array RayBar's Avatar
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    I am not an attorney,but heres my two cents. A person is under the influence of alcohol when,as a result of drinking any amount of alcohol, his mental or physical faculties are so impaired as to reduce his ability to think and act with ordinary care. You do not have to be intoxicated. Intoxicated is having an alcohol concentration of .08 or higher,or having had enough alcoholic beverages to observably affect manner,disposisition,speech,muscular movement,general appearance or behavior. Long story short,if your out and about, don't drink.At home different story. One beer,glass of wine, dosen't mean you have to avoid your firearm like the plague if you should need to use it. Alcohol in your system,involved in a shooting defending you and yours at home could play against you in court, but thats a whole different issue. There is no substitute for good common sense.

  14. #14
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    I spent a few hours sifting through various sections of title 17 to answer this very question for myself.
    I found a definition of "under the influence" that indeed specified the .08 BAC commonly associated with OUI.
    From what I've found, if you're in a restaurant that is licensed to serve alcohol, and that restaurant is not properly posted as a "no guns" establishment, you may CC and you may responsibly enjoy a drink with your meal. Your consumption must be within the normal dining areas of the restaurant. If that restaurant has a separate "bar" area, you may not enter that area while carrying. You also may not carry in any establishment in which the primary business includes service of alcohol, so the corner bar is out... Even if they make a great ham sammich.

    I've got the pdf documents from the Maine state website around here somewhere... I'll hunt 'em down and post the specific links when I'm back at my home pc.

    So OP.. Where 'bouts in Maine are you? I'm in the Portland area.

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    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.

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