• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Drinking & Carrying in your own home

ghostrider

Regular Member
Joined
Jul 24, 2007
Messages
1,416
Location
Grand Rapids, Michigan, USA
imported post

cm2624 wrote:
Not sure if it is legal to be drinking and carrying in your house, but if I am drinking my guns are always locked up.
Projects a little more seriousness on the concept doesn't it. With that kind of boundary in place, you either don't drink, or don't be prepared to use the gun for defense. It's a serious choice.
 

EDA50

Regular Member
Joined
Nov 20, 2009
Messages
60
Location
Troy, Michigan, USA
imported post

I don't drink, but man one should be able to do as he pleases in his own house and still be able to defend himself. My house should be my rules.

I don't smoke either and quite honestly smoke bothers the sh** out of me however I believe that a bar owner should be able to make the choice if they want the place smoke free or not. If I don't like it, I won't freaking go there.

Hey government, get the hell out of the way. There are people living over here. And BTW we do a better job of it that many of yourpower hungryflunkies!!!!!
 

cm2624

Regular Member
Joined
Aug 16, 2009
Messages
160
Location
Lincoln Park, Michigan, USA
imported post

ghostrider wrote:
cm2624 wrote:
Not sure if it is legal to be drinking and carrying in your house, but if I am drinking my guns are always locked up.
Projects a little more seriousness on the concept doesn't it. With that kind of boundary in place, you either don't drink, or don't be prepared to use the gun for defense. It's a serious choice.
If someone breaks in my house I would use the gun in a minute. Happy new year everyone.
 

conservative85

Regular Member
Joined
Aug 16, 2008
Messages
625
Location
, ,
imported post

The Right to Keep & BEAR against anything Tyrannical, Oh yeah and Shall NOT be Infringed.
 

wardog6d

Banned
Joined
Dec 3, 2008
Messages
306
Location
Romulus/Wayne County, Michigan, USA
imported post

Serious? Thisis a topic? Guns and Alcohol?Alrighty then... I really like the post of someone stating they would shoot if someone broke in there house and they were drinking. You would have a direct drive to the local P.D. and most likely be charged with several crimes. Seriously Is common sense really this hard to come by these days...
 

ghostrider

Regular Member
Joined
Jul 24, 2007
Messages
1,416
Location
Grand Rapids, Michigan, USA
imported post

conservative85 wrote:
The Right to Keep & BEAR against anything Tyrannical, Oh yeah and Shall NOT be Infringed.
What I'm refering to has nothing to do with infringement. It's about judgement, and if the prosecutor can convince the jury that you used poor judgement, then that isnt' an infringement because you don't have a right to shoot someone based on a bad decision due to being drunk.

Alcohol is a depressant, and that means it affects mood, and judgment, among other things. Use it, and expect that it will be made an issue should something bad happens.

That doesn't mean, "follow conservative85's example." It means understand the potential consequences before acting.
 

Yooper

Regular Member
Joined
Aug 14, 2008
Messages
800
Location
Houghton County, Michigan, USA
imported post

I think you'd better have some damn good evidence in your favor, such as the intruder had a gun on him, or you have some wounds from the attacker. If it's obvious the intruder was out to do you harm, you'd probably get away with it. If you shoot a guy whose in your house because your afraid of him, but have been drinking, you're going to have a tougher case.

Also note, there is FEDERAL laws against being in possession of a firearm while intoxicated. So even if the state decided not to pursue it, the Feds might.
 

conservative85

Regular Member
Joined
Aug 16, 2008
Messages
625
Location
, ,
imported post

wardog6d wrote:
Serious? Thisis a topic? Guns and Alcohol?Alrighty then... I really like the post of someone stating they would shoot if someone broke in there house and they were drinking. You would have a direct drive to the local P.D.(You will any ways, Just remain silent) and most likely be charged with several crimes (several?). Seriously Is common sense really this hard to come by these days...
Big difference between Drinking, & drunk. & no one knows for sure what would happen.

"I'd rather be tried by 12 than carried by 6"
 

conservative85

Regular Member
Joined
Aug 16, 2008
Messages
625
Location
, ,
imported post

ghostrider wrote:
conservative85 wrote:
The Right to Keep & BEAR against anything Tyrannical, Oh yeah and Shall NOT be Infringed.
What I'm refering to has nothing to do with infringement (It has everything to do with infringement it's my safety/family/house the bad guy is infringing on!). It's about judgement, and if the prosecutor can convince the jury that you used poor judgement, then that isnt' an infringement because you don't have a right to shoot someone (If their in my house w/o my permission, or a warrant I have the right to kill them regardless of opinion on what a jury may or may not think) based on a bad decision due to being drunk (no one said drunk).

Alcohol is a depressant, and that means it affects mood, and judgment, among other things (So does Medication, and Sleep deprivation!, anything is possible). Use it, and expect that it will be made an issue should something bad happens. (Never said it wouldn't )

That doesn't mean, "follow conservative85's example." (no one said follow me) It means understand the potential consequences before acting. (I think we can take care of ourselves)
Wo Wo don't single me out, we're all in this together, besides This is not my thread, don't anyone worry bout me!
 

conservative85

Regular Member
Joined
Aug 16, 2008
Messages
625
Location
, ,
imported post

Yooper wrote:
I think you'd better have some damn good evidence in your favor, such as the intruder had a gun on him (In your house there needs to be no gun, It's your house you have a duty By State Law to protect your next of kin), or you have some wounds from the attacker. If it's obvious the intruder was out to do you harm, you'd probably get away with it. If you shoot a guy whose in your house because your afraid of him, but have been drinking, you're going to have a tougher case.

Also note, there is FEDERAL laws (Unconstitutional) against being in possession of a firearm while intoxicated. (Not in your house) So even if the state decided not to pursue it, the Feds might.
Bottom line is you can be tried for anything, it all comes down to evidence. Thats why the founders, put the 4th & 5th in the BofR!
 

EM87

Regular Member
Joined
Mar 10, 2009
Messages
986
Location
Kalamazoo, Michigan, USA
imported post

wardog6d wrote:
Serious? This is a topic? Guns and Alcohol? Alrighty then... I really like the post of someone stating they would shoot if someone broke in there house and they were drinking. You would have a direct drive to the local P.D. and most likely be charged with several crimes.  Seriously Is common sense really this hard to come by these days...

So you're saying that if someone broke into your house while you were home you wouldn't defend yourself if you had had a few drinks? That doesn't make much sense to me. I'd take being alive over being a statistic any day.

As for the common sense remark, you don't think it would be common sense to defend yourself from a threat just because you had a few drinks, which may get you in legal trouble?
 

ghostrider

Regular Member
Joined
Jul 24, 2007
Messages
1,416
Location
Grand Rapids, Michigan, USA
imported post

conservative85 wrote:
Wo Wo don't single me out, we're all in this together, besides This is not my thread, don't anyone worry bout me!

I miss stated. I should have credited cm2624 (referring to locking up guns when drinking). Refereed to you by mistake.
 

conservative85

Regular Member
Joined
Aug 16, 2008
Messages
625
Location
, ,
imported post

ghostrider wrote:
conservative85 wrote:
Wo Wo don't single me out, we're all in this together, besides This is not my thread, don't anyone worry bout me!

I miss stated. I should have credited cm2624 (referring to locking up guns when drinking). Refereed to you by mistake.
:)
 

Jared

Regular Member
Joined
Jul 8, 2006
Messages
892
Location
Michigan, USA
imported post

Having a CPL is irrelevant. If you open carry (even in firearm free zones with a concealed carry permit from MI or ANY OTHER STATE) the BAC limit is 0.08

If you are carrying in a vehicle or concealed upon the person, the BAC is 0.02.



The funny thing about both these laws is that state and local LEO's ARE NOT EXEMPT. Keep that in mind the next time a drunk state trooper is in a bar bragging about carrying a concealed pistol. Happened in a bar that my friend manages.
 

stainless1911

Banned
Joined
Dec 19, 2009
Messages
8,855
Location
Davisburg, Michigan, United States
imported post

EM87 wrote:
750.237 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.


So, if I am reading this right, you could be charged with a crime for drinking in your home no matter if the gun was in your pocket or in a safe? :shock:
 

sprinklerguy28

Regular Member
Joined
Dec 9, 2009
Messages
666
Location
Michigan
imported post

stainless1911 wrote:
EM87 wrote:
750.237 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.


So, if I am reading this right, you could be charged with a crime for drinking in your home no matter if the gun was in your pocket or in a safe? :shock:
If the gun is either in a safe or properly secured you are fine. Just as if you decided to stop at a bar to drink but secured your unloaded gun out of reach of the driver following normal transporting laws you are ok.
 

conservative85

Regular Member
Joined
Aug 16, 2008
Messages
625
Location
, ,
imported post

Any 18-yr. old or older, law-abiding citizen of the State of Michigan who owns a legally registered handgun may openly carry (in a holster) said firearm in all places not explicitly exempt by law with or without a CPL. Private property rules over-ride state law in regards to firearm possession.

This is not me saying this, this is from the Brochure.
 

manicdevery

Regular Member
Joined
Oct 4, 2009
Messages
361
Location
Clio, Michigan, USA
imported post

IMO, though i feel any gun law is an infringement i feel that if it is illegal to be in possesion of a firearm while under the influence then it is illegal, private property or otherwise. if the law says it is illegal to do cocaine/heroin/meth etc. then it would be illegal in your home as well.
 

conservative85

Regular Member
Joined
Aug 16, 2008
Messages
625
Location
, ,
imported post

manicdevery wrote:
IMO, though i feel any gun law is an infringement i feel that if it is illegal to be in possesion of a firearm while under the influence then it is illegal, private property or otherwise. if the law says it is illegal to do cocaine/heroin/meth etc. then it would be illegal in your home as well.
Well u have a point on an illegal substance, and it would seem that the rational is warranted. Except the law says Private Property over rule ALL laws on Possession. Alcohol is legal, and possession/Ownership in a home is less restrictive than on the street in public. Plus the Past post of MCL's on alcohol/transport are just that out in public. If you drink at a bar and drive home your fire arm has to be unloaded & locked. No where does the law say while in your home, your fire are must be locked when drinking. As far as civil suits in your home, I believe Michigan has the castle doctrine.
 
Top