casper
Guest
Can you legally have a drink and carry a gun at the same time, at a bar or with friends, at their house, or where ever it's normally legal ? It's just something I'm wondering.
Can you legally have a drink and carry a gun at the same time, at a bar or with friends, at their house, or where ever it's normally legal ? It's just something I'm wondering.
I wouldn't but that's just me. I believe the BAC for concealed carry is .02. Either way not worth the risk IMO.
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Open carry BAC limit is .08.
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Arguably, there is no limit if the officer finds you "impaired". That's part of the same statute as .08. I don't have the reference off hand, but neither did you apparently.
When you find .08 you'll find the language I referenced.
Open carry BAC limit is .08.
A good shoot is a good shoot is a good shoot. That is to say, if your life is in danger and you use your gun, BAC won't matter.
If there is question as to WHETHER it's a good shoot, your BAC will come up in court. Assume that for most situations, there will be a question. The exception being castle doctrine laws, ie in your own home, and someone is breaking in. Since it can be assumed that someone breaking in while you're inside is a threat of serious bodily harm, you're GTG even if you're plastered.
The Supreme Court of Michigan has already held that a prohibited person still has the right to common law self-defense, even if he has to break the law in order to use that right. That means a felon can take temporary possession of a gun, a normal person can brandish his gun, an a drunk person can possess the gun to defend himself.
But keep in mind the SCoM said that possession must only last for as long as is necessary to defend oneself. So if you're plastered, and you defend yourself, lose the gun ASAP - that doesn't mean dispose of the evidence, but place it somewhere safe till LEO arrives and tell them where it is.
I my opinion, I would say no. (Under the influence) is kind of a catch all.
...handling potentially dangerous machinery, whether a car, a firearm, a lawnmower, or anything else, is usually not a good idea while under the influence of alcohol....
... It's kind of like asking if smoking & pumping gas is ok....
Only if one is waving a gun around with their finger in the trigger guard while drinking.
I assume you would agree as an instructor that drinking or using any substance that impairs ones judgement and response times, is a bad idea? Correct? ???
The State would have the burden of proving you were being influenced by alcohol. Influence would indicate your judgement is affected by the alcohol in your system.
And Again, in a self-defense situation, if it was a good shoot, it would be quite difficult for a prosecutor to argue you were influenced to make THE RIGHT DECISION by the alcohol in your system.
Zig - it is extremely easy for prosecutor to paint a person carrying a gun as irresponsible and dangerous, no matter how good their reasons for shooting or even drawing their pistol. Don't take my word for it, ask Jim Makowski who has a former client sitting in Jackson State prison for simply drawing a pistol in self defense. Why? He drank "after" the incident, in his home before police showed up. Jury's today are borderline retarded often, sad but true.
Legality notwithstanding, handling potentially dangerous machinery, whether a car, a firearm, a lawnmower, or anything else, is usually not a good idea while under the influence of alcohol. As for its legality, I don't believe there's a national standard; it varies by state.
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Since the outcome is so significant, please cite this case so we can examine the details.