Reality sucks. Might need to be reposted in that other thread.
Definition of "under the influence" for carry
- Thread starter GolfR
- Start date
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Reality sucks. Might need to be reposted in that other thread.
Nobody
Ultimate Member
- Jan 15, 2009
- 2,840
My Level is 0.00 Even if my wife tries something new while out I wont "taste" it. Mix your booze with Coke not guns.
In fact since I have been "UNRESTRICTED" in MD I have not had a drink. I actually feel better and would rather carry than drink
NOBODY
In fact since I have been "UNRESTRICTED" in MD I have not had a drink. I actually feel better and would rather carry than drink
NOBODY
If you have a CCW insurance policy, check what it says too. You may find yourself with zero coverage/representation.
CCW Safe for example:
https://ccwsafe.com/page/terms
CCW Safe for example:
https://ccwsafe.com/page/terms
Even if they didn't drop you, not sure how good "representation" can defend you on a bad shoot involving booze in your system.
Don t mess ccw up for the people that deserve to have it and don't!!!
Wtf you talking about? Are you 12?
Just dumbing it down so maybe he gets a hint.
I am trying to figure out how me saying that has anything to do with your "dumbing down" comment??
Last edited:
Stupid choice like carrying a weapon while drinking. Its just giving law maker a reason to make new gun laws. And screwing people that
Can't get w&c.
Ok. I understand now. You could have made your comment alone, without quoting my legal representation quote and confusing me.
FrankOceanXray
Ultimate Member
- Oct 29, 2008
- 12,036
2A Maryland
Active Member
Article - Public Safety
[Previous][Next]
§5–314.
(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.
(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.
[Previous][Next]
Page 156 of 2A Maryland's Compilation of Maryland Gun Laws
Link to PDF is on http://mtwashingtonrg.org/legislative-information/2a-information-links-of-interest-to-2a-advocates/
[Previous][Next]
§5–314.
(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.
(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.
[Previous][Next]
Page 156 of 2A Maryland's Compilation of Maryland Gun Laws
Link to PDF is on http://mtwashingtonrg.org/legislative-information/2a-information-links-of-interest-to-2a-advocates/
I think you are missing the point of the OP.
What is the clear definition of "under the influence"?
- Feb 19, 2013
- 18,751
Probably about the same as "While conducting business"
"Permit holder was arrested for being under the influence while conducting business".
Under the influence: "...requires that alcohol has substantially impaired the persons normal coordination." MPJI Cr 4:10
That's the definition for driving under the influence- .08 BAC or higher if you're talking in breathalyzer terms. Absent any definition in PS 5-314 I think this definition would govern. I am just talking about a criminal violation of the statute- not any civil implications of shooting someone while you have alcohol in your system.
Terms for being DUI are laid out and it's not just " under the influence".
What other situations other than driving do cops get to breathalyze you to determine BAC? Bar fight and because you have a permit they get to take you to the station to blow? Nope.
A portable breath test does not hold up as the official test for court. So outside the bar in the parking lot how is "under the influence" determined? An officer or trooper simply saying "it's in this officer's opinion the permit holder was under the influence due to his actions"?
The self licking ice cream cone
He's drunk bcause he is acting drunk. Hope he doesn't have Parkinson.
The self licking ice cream cone
He's drunk bcause he is acting drunk. Hope he doesn't have Parkinson.
If cops can prove you were drinking, yes. If they can’t show you were other than what they claim was your behavior, hard to convince a judge or jury.
So a bar or restaurant tab showing even a single drink, you are possibly screwed. Someone seeing you having a drink, in trouble. Best option, just don’t drink while carrying. Can’t resist, sounds like you need a conversation with someone specializing in substance abuse or addictive personalities.
Don’t have a W&C, been in plenty of situations where I knew I shouldn’t have a drink. Wanted to for social or personal reasons. Can’t think of a time I was particularly tempted because I knew it was a bad idea. I’d suggest resisting even if you do feel tempted.
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