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Alcohol and Open Carry

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
imported post

Here is the law for OC; but, as was stated earlier, I would stronly suggest one doesn't drink and carry ;a PO may arrest if "under the influence" which is very discretionary.

MC750.237 Liquor or controlled substance; possession or use of firearm by person under influence; violation;penalty; chemical analysis.

Sec. 237. (1) An individual shall not carry, have in possession or under control, or use in any manner or discharge a firearm
under any of the following circumstances:
(a) The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and
a controlled substance.
(b) The individual has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters of breath, or per
67 milliliters of urine.

(c) Because of the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled
substance, the individual’s ability to use a firearm is visibly impaired.
(2) Except as provided in subsections (3) and (4), an individual who violates subsection (1) is guilty of a misdemeanor punishable
by imprisonment for not more than 93 days or a fine of not more than $100.00 for carrying or possessing a firearm, or
both, and not more than $500.00 for using or discharging a firearm, or both.
(3) An individual who violates subsection (1) and causes a serious impairment of a body function of another individual by
the discharge or use in any manner of the firearm is guilty of a felony punishable by imprisonment for not more than 5 years
or a fine of not less than $1,000.00 or more than $5,000.00, or both. As used in this subsection, “serious impairment of a body
function” includes, but is not limited to, 1 or more of the following:
(a) Loss of a limb or use of a limb.
(b) Loss of a hand, foot, finger, or thumb or use of a hand, foot, finger, or thumb.
(c) Loss of an eye or ear or of use of an eye or ear.
(d) Loss or substantial impairment of a bodily function.
(e) Serious visible disfigurement.
(f) A comatose state that lasts for more than 3 days.
(g) Measurable brain damage or mental impairment.
(h) A skull fracture or other serious bone fracture.
(i) Subdural hemorrhage or subdural hematoma.
(j) Loss of an organ.
(4) An individual who violates subsection (1) and causes the death of another individual by the discharge or use in any manner
of a firearm is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00
or more than $10,000.00, or both.
 
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