CCW ?
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Straightshooter
Ultimate Member
Yes, You can even drink while carrying but not while driving.
This is going to be a fiercely argued point.
Nah. Basically the law is the same as driving a car. You can carry but the content of you blood has to be below the driving levels. For maryland anyway.
- Jun 28, 2009
- 4,172
yer clear. dynamics change when you imbibe. unless, however, you have moonshine IN THE CAR, doomed!
marylandmark
Ultimate Member
- Mar 4, 2013
- 1,432
The law states you can't be "intoxicated" while carrying, however unlike your driving privilege, the law doesn't specify what "intoxicated" is. There is no test, no breathalyzer, no blood percentages that come in to play. The firearms law doesn't specify .08 like the motor vehicle law does.
Of course the officer can give their professional assessment and opinion of your condition and level of intoxication but that's it, no test required.
Carry and cocktail at your own risk but I have no issues with having a few sips at a business meeting and am perfectly legal in doing so.
marylandmark
Ultimate Member
- Mar 4, 2013
- 1,432
The law states you can't be "intoxicated" while carrying, however unlike your driving privilege, the law doesn't specify what "intoxicated" is. There is no test, no breathalyzer, no blood percentages that come in to play. The firearms law doesn't specify .08 like the motor vehicle law does.
Of course the officer can give their professional assessment and opinion of your condition and level of intoxication but that's it, no test required.
Carry and cocktail at your own risk but I have no issues with having a few sips at a business meeting and am perfectly legal in doing so.
In the State of Maryland you better not have anything to drink while carrying unless it's water, coffee or soda. Just the smell of alcohol will start the S%^& and while the law governing "Wear Carry" and alcohol is vague, Do you want to spend the money to prove the point? Chris
Don't know who told you that but it is absolutely incorrect. While carrying a firearm in Maryland you can not have so much as a sip of alcohol. You can hang out in a bar though or carry a sealed container of alcohol in a vehicle if you so desire.
No argument about it, you can not even take a sip of alcohol while carrying a firearm in Maryland.
MikeTF
Ultimate Member
I think I'll go to the local restaurant, switch from concealed to open carry, and have a beer with my meal. Perfectly legal in VA.
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Being perfectly legal doesn't make it a very smart thing to do but to each his own. Having a beer with a meal while carrying doesn't sound like a danger as long as one sticks a "A" beer and not a few beers I think.
Name Taken
Ultimate Member
Can you post the law for this?
Do you mean carry as in you are a Md Wear and Carry permit holder or do you mean "transport" like just driving to and from the range as a non holder?
Pretty sure as either, if you have unopened alcohol in your car that would be no firearms violation. Meaning, if it were open, it would be an open container/DUI alcohol while driving violation.
Straightshooter
Ultimate Member
Please site the code.
A while back, Jack McCauley answered this question in depth and his answer was completely different than yours. Guess who's word I'll take?
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Certainly
Maryland Public Safety Code Ann. 5-314
A person who holds a permit may not wear, carry or transport a handgun while the person is under the influence of alcohol or drugs.
Straightshooter
Ultimate Member
Rule #1 when transporting Moonshine: Use a rental car.
Rule #2 Leave your guns at home. You don't want them being confiscated.
Rule #3 If a Sheriff's car approaches while you are transferring said moonshine into your rental car on the rear parking lot of a fire station in Bristol TN, they're just there to make sure you get some of the Strawberry flavored stuff.
Might want to reexamine who you question, I happen to know the law that I teach in my classes.
That is probably why you are wrong, because you keep listening to the wrong people. As I said before, I have been doing this a day or two and I won't pass on information that I don't know to be fact. The statute I quoted should be proof enough for you. Stay in your lane and don't post what you don't know.
Name Taken
Ultimate Member
So when did a sip become "under the influence"?
You can easily cite the states DUI laws for what "under the influence" means. You can blow a .03 and not be under the influence according to MD and you aren't "presumed" to be under the influence until .08.
So how does a sip reach the level of "under the influence". If that was the legislative intent they would have indicated an exact and low BAC OR just word it "can not consume".
I get we are playing a bit of "legaleize" so to speak but it certainly isn't clear cut that you can't even have a sip.
Straightshooter
Ultimate Member
Maybe if you post a copy of your law degree, we could clear this up. Being an instructor and claiming to know what you are talking about is not make it so. That is what I know. More over so I can get by.
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