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Author Topic: Blood Alchohol for open carry?  (Read 12231 times)

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Offline skunkworks

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Blood Alchohol for open carry?
« on: August 17, 2010, 11:00:37 AM »
I know that it is never a good idea to drink and carry a weapon.  That's my opinion and I don't want to make this thread about if it is right or wrong.  I am asking if anyone knows the LEGAL limit while open carrying?
I know that when concealed it is .02 (for practical purposes none).
However, I can't find anything about open carry.  Again - not a good idea to go bar-hopping with iron on your hip, just currious what the law says.  Any help?
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Offline autosurgeon

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Re: Blood Alchohol for open carry?
« Reply #1 on: August 17, 2010, 11:24:39 AM »
.08
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Offline judge

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Re: Blood Alchohol for open carry?
« Reply #2 on: August 17, 2010, 12:25:39 PM »
what about on your own property ? Unfortunately I started smoking again, But only outside. Ive lost count of how many times some one has tried to get into my cars 3 times I've found where someone tried to quietly force a house window once the garage door. I'm not going outside with out a gun. So, lets say I'm sitting on my porch at .09 ?
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Offline autosurgeon

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Re: Blood Alchohol for open carry?
« Reply #3 on: August 17, 2010, 12:27:23 PM »
You could be arrested. There was a case recently where a fellow was arrested for being drunk and carrying a gun in his house.
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Anything I post may be my opinion and not the law... you are responsible to do your own verification.

Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

Offline Agent1

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Re: Blood Alchohol for open carry?
« Reply #4 on: August 17, 2010, 06:07:05 PM »
Quote from: autosurgeon on August 17, 2010, 12:27:23 PM
You could be arrested. There was a case recently where a fellow was arrested for being drunk and carrying a gun in his house.
If we are talking about the congressman, he was arrested for being drunk with a firearm while on probation. IIRC?????
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"It isn't always being fast or even accurate that counts. It's being willing. I found out early that most men, regardless of cause or need, arn't willing. They blink an eye or draw a breath before they pull the trigger. I won't."
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Offline autosurgeon

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Re: Blood Alchohol for open carry?
« Reply #5 on: August 17, 2010, 06:16:46 PM »
That is what I was talking about... didn't catch that he was on probation!
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Anything I post may be my opinion and not the law... you are responsible to do your own verification.

Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

Offline Agent1

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Re: Blood Alchohol for open carry?
« Reply #6 on: August 17, 2010, 09:48:00 PM »
Actually Dr Todd (I believe) pointed it out on OCDO I think. It was mentioned in the artical but it seemed everyone had over looked that fact except Dr Todd and his trained eagle eyes! He seems to have an outstanding nose for detail.
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"It isn't always being fast or even accurate that counts. It's being willing. I found out early that most men, regardless of cause or need, arn't willing. They blink an eye or draw a breath before they pull the trigger. I won't."
 John Wayne (The Shootist.)

Offline judge

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Re: Blood Alchohol for open carry?
« Reply #7 on: August 17, 2010, 10:03:38 PM »
So, now I'm not sure my Q has been answered. Is there something that states you can't be outside your own house at .02, .04,  with a gun (holstered) ETC? MY information was you can CC or OP on your own property without a CPL. SO would .02 vs .08 still apply?
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Offline Agent1

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Re: Blood Alchohol for open carry?
« Reply #8 on: August 17, 2010, 10:38:42 PM »
sorry for Hi-jacking your thread.

I believe that autosurgeons' answer, .08 is the legal limit for possession of a firearm. In your own home/on your own property, I can't find anything that restricts.
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"It isn't always being fast or even accurate that counts. It's being willing. I found out early that most men, regardless of cause or need, arn't willing. They blink an eye or draw a breath before they pull the trigger. I won't."
 John Wayne (The Shootist.)

Offline skunkworks

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Re: Blood Alchohol for open carry?
« Reply #9 on: August 18, 2010, 02:44:53 PM »
Thanks for the responses.
Does anyone have a link?  I would like to see it in print somewhere.
I'm imagining stopping by a friends to chat and offered a beer, and not wanting to lock it up in the trunk after being seen by the neighbors or passer-by with it on my hip.  I really can't think of too many situations where I would realistically consume while OC, but just wanted to have all my bases covered and be an informed gun owner.
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Offline BravoKilo

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Re: Blood Alchohol for open carry?
« Reply #10 on: August 19, 2010, 01:13:41 AM »
Check out MCL 750.237

Lists the limit as being 0.08.  Also mentions "under the influence", which for any given individual could be under the 0.08 limit.

Still haven't found anything on own vs. public property
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Offline Bronson

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Re: Blood Alchohol for open carry?
« Reply #11 on: August 19, 2010, 03:11:54 AM »
Quote from: skunkworks on August 18, 2010, 02:44:53 PM
I'm imagining stopping by a friends to chat and offered a beer, and not wanting to lock it up in the trunk after being seen by the neighbors or passer-by with it on my hip. 

Just refuse.  It's not that hard...if it is, then you have a problem.

Bronson
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Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

Offline Agent1

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Re: Blood Alchohol for open carry?
« Reply #12 on: August 19, 2010, 03:57:05 PM »
Quote from: BravoKilo on August 19, 2010, 01:13:41 AM
Check out MCL 750.237

Lists the limit as being 0.08.  Also mentions "under the influence", which for any given individual could be under the 0.08 limit.

Still haven't found anything on own vs. public property

I believe that this covers you in your home and on your own property as well. IANAL
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"It isn't always being fast or even accurate that counts. It's being willing. I found out early that most men, regardless of cause or need, arn't willing. They blink an eye or draw a breath before they pull the trigger. I won't."
 John Wayne (The Shootist.)

Offline skunkworks

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Re: Blood Alchohol for open carry?
« Reply #13 on: August 19, 2010, 04:30:28 PM »
Thanks for the link BravoKilo.

Bronson, there's no problem and I was only grasping for a situation where someone might find themselves.
I imagine that in your own home might be the most logical.  For me, the guns get put away even at home if I choose to partake.
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Offline judge

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Re: Blood Alchohol for open carry?
« Reply #14 on: August 20, 2010, 10:52:48 AM »
thank you agent1. If anyone is interested, the reason I was asking is, my cpl instructor while talking about carrying and alcohol stated " unless your in your own house then that is thrown out the window"   
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Offline wardog6t

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Re: Blood Alchohol for open carry?
« Reply #15 on: February 02, 2011, 06:49:50 PM »
.02 and under is considered 0 tolerence. I would not even consider carrying while under the influence of any alcohol under ANY circumstance. I read some where, ( I know I know Cite it..) But that its 0 tolerance for firearms carry under your CPL. This could open the door for OC for some other legal limit. For instance .08. Recently a freind was pulled over and blew .75 and ended up getting a ticket for drunk in public or to that effect, anyway it still ended up costing him $3000.
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