MD Handgun Permit Holder Arrested

[eruby]

There is a lot of information that is not in the article. But I wonder what the guy was doing kitting up before he knew he would be drinking alcohol.

You just never know.

I drove Shuttle-UM at Maryland.

Went to a New Year's Eve party where there were a bunch of campus cops.

All were packing, and all were drinking. Several were in their cups.

Stayed less the 20 seconds.

 

[welder516]

It would have been better if the guy was in a tree stand ..

 

[Blaster229]

Again, is there an actual criminal charge of Carrying while under the influence? or is it revocation of your permit should you be found under the influence somehow.

 

[1time]

Again, is there an actual criminal charge of Carrying while under the influence? or is it revocation of your permit should you be found under the influence somehow.

It is a crime for carrying under the influence.

 

[camo556]

You just never know.

I drove Shuttle-UM at Maryland.

Went to a New Year's Eve party where there were a bunch of campus cops.

All were packing, and all were drinking. Several were in their cups.

Stayed less the 20 seconds.

I am sure that they were arrested etc.

oh wait, laws are for the little people.

 

[PF Flyer]

You just never know.

I drove Shuttle-UM at Maryland.

Went to a New Year's Eve party where there were a bunch of campus cops.

All were packing, and all were drinking. Several were in their cups.

Stayed less the 20 seconds.

At the risk of potentially offending anyone on this thread -- I'm certain what I'm about to say does not resemble you . . . . But, for eight years, I worked in a U.S. Government facility that was located right next door to the University of Maryland campus police department training center. I used to watch them train outdoors on my cigarette breaks -- mostly PT and crowd control stuff. And I can't say that I was terribly impressed with what I witnessed.

 

[Blaster229]

It is a crime for carrying under the influence.

That's what I'm asking.
If it's a crime, what is the actual charge? Carrying under the influence?

 

[camo556]

At the risk of potentially offending anyone on this thread -- I'm certain what I'm about to say does not resemble you . . . . But, for eight years, I worked in a U.S. Government facility that was located right next door to the University of Maryland campus police department training center. I used to watch them train outdoors on my cigarette breaks -- mostly PT and crowd control stuff. And I can't say that I was terribly impressed with what I witnessed.

campus and mall cops are meme for a reason.

 

[eruby]

At the risk of potentially offending anyone on this thread -- I'm certain what I'm about to say does not resemble you . . . . But, for eight years, I worked in a U.S. Government facility that was located right next door to the University of Maryland campus police department training center. I used to watch them train outdoors on my cigarette breaks -- mostly PT and crowd control stuff. And I can't say that I was terribly impressed with what I witnessed.

I was not a campus cop. Nor any cop.

I may have 'known' one female campus cop.

Might have been on the traffic circle M

 

[Occam]

I was not a campus cop. Nor any cop.

I may have 'known' one female campus cop.

Might have been on the traffic circle M

I worked crowd control for many concerts at Ritchie, so I dealt with the campus cops AND helped throw drunks onto the shuttle busses. I may also have tripped on you while cutting across the M on my way back to my now demolished Allegheny dorm. If that was you, sorry about that. The only thing worse then stepping on someone with your Vous-shoes is doing it with your Ritchie shoes.

 

[tall.guy88]

From our local online news (Bay Net)

Meanwhile the southern border is wide open.

 

[PF Flyer]

That's what I'm asking.
If it's a crime, what is the actual charge? Carrying under the influence?

This seems to be the answer:

§ 5-314. Carrying, wearing, or transporting handgun while under influence of alcohol or drugs

West's Annotated Code of MarylandPublic Safety
West's Annotated Code of Maryland
Public Safety (Refs & Annos)

Title 5. Firearms (Refs & Annos)

Subtitle 3. Handgun Permits (Refs & Annos)

MD Code, Public Safety, § 5-314

Formerly cited as MD Crim Law § 4-207; MD CODE Art. 27, § 36E
§ 5-314. Carrying, wearing, or transporting handgun while under influence of alcohol or drugs

Currentness


Prohibited

(a) 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.


Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

Credits
Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003.
MD Code, Public Safety, § 5-314, MD PUBLIC SAFETY § 5-314
Current with all legislation from the 2021 Regular Session of the General Assembly and emergency effective legislation from the 2021 First Special Session. Some statute sections may be more current, see credits for details.


And please note that the prohibition does not identify a specific BAC that would deem someone to "be under the influence of alcohol." And I'm fairly certain that the dude is going to lose his CCW permit, but don't know for how long. By contrast, the law in my original home state of Michigan says that if you are legally carrying and blow a BAC of .02 or higher, you are toast and will be prohibited from having a CCW permit for three years from the date of conviction.

 

[1time]

That's what I'm asking.
If it's a crime, what is the actual charge? Carrying under the influence?

Maryland public safety section 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.

 

[Blaster229]

Maryland public safety section 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.

Thanks!

 

[rseymorejr]

Just a reminder, Alec Baldwin was sober.

 

[huesmann]

Meanwhile the southern border is wide open.

Yes, Marylanders can go back and forth to Virginia and West Virginia with impunity!

 

[AliasNeo07]

I think this raises an important question and I don't know exactly how I feel about it. I think we can all agree that people should not be drunk carrying guns in public. But the world is not black and white.

The law says you can't carry while under the influence of drugs or alcohol. What is under the influence? What is the threshold?

Does everyone here that carries leave their gun at home when they go out to dinner with their significant other where they have a couple glasses of wine with dinner? What about just one glass of wine?

It's especially irritating for me because I work in the beverage/spirits/restaurant world where people are wanting me to drink, try their product, go out to dinner with them constantly. I have a permit.

Do you have to leave the gun at home? What if you put it in a lockbox in your truck, can you have a few drinks then? What if you just carry as like usual and have a couple drinks but are not anywhere near the .08 threshold? What if you are carrying and have to defend yourself with your firearm after having two glasses of wine with dinner?

So many grey areas and questions. It sucks. I'm definitely not for an overabundance of legislation but in this case, I envy states that put a limit on what your BAC can be while carrying. I always err on the side of not carrying when I know I'm going to consume any alcohol at all.

On the other hand, and this may be an unpopular opinion, if I have two glasses of wine at dinner which might put me, for example, at a .02, I don't think it should be illegal for me to carry. I agree that it poses a challenge when you drink enough to have it impair your decision making, and I'd never drink to the level where that would occur while also carrying, but there is a level of alcohol consumption that doesn't affect anything at all.

 

[Occam]

Yes, Marylanders can go back and forth to Virginia and West Virginia with impunity!

I did it last weekend, and smuggled a cooler of meat and alcohol without getting caught. Those Hampshire County sheriffs can't catch me, man. The Loudon County boys require more thoughtful tactics.

 

[camo556]

I think this raises an important question and I don't know exactly how I feel about it. I think we can all agree that people should not be drunk carrying guns in public. But the world is not black and white.

The law says you can't carry while under the influence of drugs or alcohol. What is under the influence? What is the threshold?

Does everyone here that carries leave their gun at home when they go out to dinner with their significant other where they have a couple glasses of wine with dinner? What about just one glass of wine?

It's especially irritating for me because I work in the beverage/spirits/restaurant world where people are wanting me to drink, try their product, go out to dinner with them constantly. I have a permit.

Do you have to leave the gun at home? What if you put it in a lockbox in your truck, can you have a few drinks then? What if you just carry as like usual and have a couple drinks but are not anywhere near the .08 threshold? What if you are carrying and have to defend yourself with your firearm after having two glasses of wine with dinner?

So many grey areas and questions. It sucks. I'm definitely not for an overabundance of legislation but in this case, I envy states that put a limit on what your BAC can be while carrying.

I saw someone pull out a gun once while drunk waving it around to show it off, in the middle of a place where 99% of people including me were carrying. Its a miracle he did not get shot.

In the current situation, where only 3 people in maryland have a permit, its not a valid survey. Ask again in a year when everyone can get a permit. Its going to be more like drunk driving.

law or no law, I think in maryland its retarded to be drinking and carrying in public. First of all, duty to retreat. Second, duty to retreat. Third, when you have had alcohol, the prosecutor is always going to say you misinterpreted the situation, you were not in imminent danger, you had a duty to retreat.

 

[ethiojazz]

I think this raises an important question and I don't know exactly how I feel about it. I think we can all agree that people should not be drunk carrying guns in public. But the world is not black and white.

The law says you can't carry while under the influence of drugs or alcohol. What is under the influence? What is the threshold?

Does everyone here that carries leave their gun at home when they go out to dinner with their significant other where they have a couple glasses of wine with dinner? What about just one glass of wine?

It's especially irritating for me because I work in the beverage/spirits/restaurant world where people are wanting me to drink, try their product, go out to dinner with them constantly. I have a permit.

Do you have to leave the gun at home? What if you put it in a lockbox in your truck, can you have a few drinks then? What if you just carry as like usual and have a couple drinks but are not anywhere near the .08 threshold? What if you are carrying and have to defend yourself with your firearm after having two glasses of wine with dinner?

So many grey areas and questions. It sucks. I'm definitely not for an overabundance of legislation but in this case, I envy states that put a limit on what your BAC can be while carrying. I always err on the side of not carrying when I know I'm going to consume any alcohol at all.

On the other hand, and this may be an unpopular opinion, if I have two glasses of wine at dinner which might put me, for example, at a .02, I don't think it should be illegal for me to carry. I agree that it poses a challenge when you drink enough to have it impair your decision making, and I'd never drink to the level where that would occur while also carrying, but there is a level of alcohol consumption that doesn't affect anything at all.

I hear you on the lack of clarity but you may think 2 glasses of wine has not much effect but if its after a day of golf or a day of not eating or work stress or so many factors you cannot say it does not have some influence... I dont know this for a fact but I think the loose wording is to give LE the discretion to determine whether you are A. under the influence... B. in a situation which maybe considered unsafe, i.e. driving or potential to drive and much more subjectively generally unsafe...

I know I would rather not be this person and whenever I am carrying I wont even have a single glass of wine and if I am going to have a drink I will more likely plan it such that I am definitely not carrying and probably not driving... Must be why I go to the Liquor shop more than the bar!!