firearms and liquor/beer????

sad part is if the officer "thinks" you are under the influcance. he can pull your permit. even if hes wrong, or the charge is wrong. he can still pull it and it takes a bit to get back. happend to my buddy in saco. he had a beer at a cookout, went for a drive, parked, someone backed into him. when LEO showed up, they smelt the beer and pulled his permit. 2 weeks ago. still hasnt gotten it back.

carry for myself said:

sad part is if the officer "thinks" you are under the influcance. he can pull your permit. even if hes wrong, or the charge is wrong. he can still pull it and it takes a bit to get back. happend to my buddy in saco. he had a beer at a cookout, went for a drive, parked, someone backed into him. when LEO showed up, they smelt the beer and pulled his permit. 2 weeks ago. still hasnt gotten it back.

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under what authority did they pull the permit??? he wasn't convicted yet correct?

1. Revocation. The issuing authority shall revoke a permit on the basis of one or more of the following determinations:
A. The application or any documents made part of the application contained a material misstatement; [1985, c. 478, §2 (NEW).]
B. The permit holder has been convicted of a violation of section 2001-A; [2003, c. 452, Pt. N, §4 (AMD); 2003, c. 452, Pt. X, §2 (AFF).]
C. The permit holder becomes ineligible to possess a permit under this chapter. Ineligibility is determined on the basis of the criteria contained in section 2003; [1989, c. 917, §13 (AMD).]
D. For conduct that occurred after a permit was issued, that the permit holder was convicted of operating a motor vehicle, snowmobile, ATV or watercraft while under the influence of intoxicating liquor or drugs or with an excessive alcohol level and, by a preponderance of the evidence, that at the time of the offense the permit holder was in possession of a loaded firearm; or [2009, c. 447, §25 (AMD).]
E. For conduct that occurred after a permit was issued, that the permit holder was convicted of any violation of Title 17-A, chapter 45. [1989, c. 917, §13 (NEW).]

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boyscout399 said:

under what authority did they pull the permit??? he wasn't convicted yet correct?

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nope,. they asked him if he had a permit. *was concealed* he showed the officer officer said "im gonna hold on to this" stuck it in his pocket. cant exactly reach over and grab it back . so some cops......they play the "will beat the charge but not the ride" game ya know.

boyscout399 said:

my comment was directed more at others than yourself...

twisting the wording of the statute through omission to make it less strict than it actually is. That is just as bad as the people who twist the wording of the second amendment to try and make it MORE strict by only applying to militias.

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So the way you are explaining it, after any amount of any substance a person is considered "under the influence"? My concern is how you prove that alcohol or any other substance was the deciding factor in any decision they made or action they took.

If i drink 6 beers and go outside shouting my favorite song am i under the influence? What if i dip my finger in a beer and lick my finger and do the same thing, am i under the influence now? Or if I drink a cup of coffee am i under the influence of caffiene? If i eat a single jelly bean am i under the influence of sugar?

Even if the answer to all these questions were was Yes, it still doesnt make a very thorough or intelligent law... If a single sip of alcohol is "under the influence" then why not just make it illegal to carry a firearm after consuming alcohol? Maybe too general, but why not make it illegal to have alcohol in your system while carrying? Then its clear that you cannot carry after having an alcoholic drink in the recent past, instead of wording it so it appears to be up to an officers opinion on the matter?

After i have had one sip of an alcoholic drink i am not under the influence in such a way so that i would be making different decisions than i would have had i not drank anything.

FWIW and My opinion and mine only, The operating or handling machinery and Alcoholic beverages do not mix. A firearm is a piece of machinery.

I have no problem having a taste or two of your beverage of choice, AFTER the firearms and or the keys to the vehicle are put away.

We've been having a go-round about this very topic over on the WI forum. (And yes, I know I didn't proofread well enough.)

FWIW, our law says you can't be "materially impaired" while in possession of a firearm, but doesn't actually define "materially impaired". I understand that it's taken to be the same as "intoxicated", which is defined as .08% BAC, but it's not written anywhere in the "can't possess a gun w/ too much alcohol in your body" statute.

A few people in our discussion decreed that nobody should ever, for any reason, handle a firearm if they have any amount of alcohol in their body. By self-admission, some of those people lack the self-control to drink responsibly.

Most people seem to agree that having a drink with dinner (or while watching the game or a movie or shooting pool) is fine, doesn't cause a safety issue, and is not grounds for revocation of the right to self-defense. (Or a carry permit.)

Most people also seem to agree that if you're intending to "go drinking", or are lacking in self-control (either to not drink responsibly, or to not leave the pistol in its holster if you have been drinking too much) then you shouldn't be armed while drinking.

Problem is, those are exactly the people (no self-control) who won't be swayed by what a law says, and won't exercise the self-control to separate alcohol & arms. So why should responsible people be placed under prior restraint because a few irresponsible people can't behave? (Question works in many situations.)

i barely drink at all. ill buy a 6 pack of guinness and it will last me 2 weeks, only time i drink while carrying is in my living room. and it NEVER goes past 1 beer. *usually accompanied by pizza* and i REFUSE to leave the house for at least 2 hours after. *not because im a danger after a single beer, but because cops like to take permits and arrest people*


i bought a little keychain brethalizer , blow.....tells you your BAL. if mine says 0.01 i do not leave the house and if im planning on going to a bar or out to eat* where i plan to have a drink of any kind* , i lock the pistol up in the trunk before. and dont remove it till i get home.


good thing is my gf barely drinks too. so if one of us is drinking, the other is not. one of us is always armed just incase.