CCW and Alcohol

AliasNeo07 · Nov 14, 2018

Before the thread bashing begins, obviously mixing alcohol and firearms is bad. I would never drink alcohol and carry a firearm. My question is a legal one, as someone brought this up at my CCW class and no one seemed to know (including the instructor.) Call it curiosity.

"5-314. Carrying, wearing, or transporting handgun while under influence of alcohol or drugs
(a) Prohibited. -- 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."

There it is. The questions raised were:

1. What is "under the influence of alcohol?" Above the legal driving limit? Having a BAC above 0.0? Touch of alcohol to lips = illegal, or much more?
2. What restrictions do LEOs have on alcohol and firearms? It's irrelevant to myself or anyone I know, I've just always been curious.
3. Are "drugs" in this case illegal drugs? Might it be construed to mean prescription drugs of certain types?

RoadDawg · Nov 14, 2018

AliasNeo07 said:
Before the thread bashing begins, obviously mixing alcohol and firearms is bad. I would never drink alcohol and carry a firearm. My question is a legal one, as someone brought this up at my CCW class and no one seemed to know (including the instructor.) Call it curiosity.

"5-314. Carrying, wearing, or transporting handgun while under influence of alcohol or drugs
(a) Prohibited. -- 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."

There it is. The questions raised were:

1. What is "under the influence of alcohol?" Above the legal driving limit? Having a BAC above 0.0? Touch of alcohol to lips = illegal, or much more?
2. What restrictions do LEOs have on alcohol and firearms? It's irrelevant to myself or anyone I know, I've just always been curious.
3. Are "drugs" in this case illegal drugs? Might it be construed to mean prescription drugs of certain types?

1) Under the influence... means the state of effect of the alcohol becomes effective in altering one’s response in any situation. The judgement of the person’s actions and physical condition at the time will be used to determine the level of influence to which that person has become. The state DWI and DUI BAC codes will likely be the benchmark. But that is not a surety. So I would not advise testing it.

2) The restrictions vary by Departmental rules and policies. Total abstinence is not normally required. However, total responsibility demands the individual govern themselves extremely carefully.

3) ALL drugs... illegal or otherwise... which have the effect of rendering the person’s judgement in question... or causing the person to be unable to physically operate in their normal capacity. If the prescription instructions say no driving or operating equipment. Don’t take the drugs and carry. It’s just not going to help you in any situation... including Court.

Bigfoot21075 · Nov 16, 2018

AliasNeo07 said:
Before the thread bashing begins, obviously mixing alcohol and firearms is bad. I would never drink alcohol and carry a firearm. My question is a legal one, as someone brought this up at my CCW class and no one seemed to know (including the instructor.) Call it curiosity.

"5-314. Carrying, wearing, or transporting handgun while under influence of alcohol or drugs
(a) Prohibited. -- 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."

There it is. The questions raised were:

1. What is "under the influence of alcohol?" Above the legal driving limit? Having a BAC above 0.0? Touch of alcohol to lips = illegal, or much more?
2. What restrictions do LEOs have on alcohol and firearms? It's irrelevant to myself or anyone I know, I've just always been curious.
3. Are "drugs" in this case illegal drugs? Might it be construed to mean prescription drugs of certain types?

I took it to mean .01% or higher.

Biggfoot44 · Nov 16, 2018

Not defined . The only prosecution under that section was falling on his face drunk .

eruby · Nov 16, 2018

I have two guns, one for each of you.

I like RDs answer. :thumbsup:

clandestine · Nov 16, 2018

I have an astonishing answer. It will blow everyone's mind.

Are you ready?

Don't drink or use drugs when you carry in public.

eruby · Nov 16, 2018

clandestine said:
I have an astonishing answer. It will blow everyone's mind.

Are you ready?

Don't drink or use drugs when you carry in public.

The hell you say.

:thumbsup:

Chris · Nov 16, 2018

Nope Don't drink a beer or anything else that may have alcohol in it nor any type of drug that could impair. Don't go to dinner or a bar while CCW, MSP take a very dim view of that action even if you have been drinking ice tea. I asked the question once and was told by MSP stow the weapon in the truck? I had passed a background check, training (not their required class) and somehow the MSP feels it's better to leave it in a truck where it's now a target for thief, instead of being in control of a trained person? But that's Maryland. Chris

GTOGUNNER · Nov 16, 2018

MSP allows its officers to go to bars and have a drink while carrying. What's good for the goose is good for the gander. Keep in mind what RoadDawg says above, he is correct.

Jake4U · Nov 16, 2018

clandestine said:
I have an astonishing answer. It will blow everyone's mind.

Are you ready?

Don't drink or use drugs when you carry in public.

What he said. After all the hassle to obtain one in Maryland, why would anyone want to risk loosing it over a beer? SMH.

Docster · Nov 16, 2018

Always consult what the laws says AND for each state as they may differ. Most legal issue can be found there as RD pointed out

AliasNeo07 · Nov 16, 2018

eruby said:
The hell you say.

clandestine said:
I have an astonishing answer. It will blow everyone's mind.

Are you ready?

Don't drink or use drugs when you carry in public.

Jake4U said:
What he said. After all the hassle to obtain one in Maryland, why would anyone want to risk loosing it over a beer? SMH.

Yes, as I stated in my original post, I never would. It was brought up in my class and I thought it was an interesting question since it isn't so defined, and didn't know whether there had been any experience with it.

welder516 · Nov 16, 2018

But is it okay to go to an AA meeting with your roscoe if you have an un-restricted permit ...

j/k

Occam · Nov 16, 2018

This also caused a polite debate-nearly-argument in my W&C class. Because "under the influence" isn't defined, the instructor was leaning towards the same legal definition that's commonly used as the standard when operating a motor vehicle. Where/how to establish that standard is SEPARATE from whether or not it's a far better thing to be able to look that LEO in the eye and say, "No, I haven't had anything to drink in the last 12 hours" if some sort of S ever did HTF while carrying. But ... is having had half a glass of wine three hours ago really going to meet the (hand-wavingly-vague) legal definition? It certainly wouldn't, for most human bodies, put you anywhere near DUI. When in doubt, iced tea. As for the notion of cops having a "dim view" of you carrying anyplace where alcohol is served - I don't buy that. If you're wife is having a chardonnay with her kale salad, and you're NOT, there's nothing more to say. You could just as easily find yourself carrying at the bank having just left your home where that same wife had that same glass of wine. You've, personally, been drinking or you haven't.

Stoveman · Nov 16, 2018

Chris said:
Nope Don't drink a beer or anything else that may have alcohol in it nor any type of drug that could impair. Don't go to dinner or a bar while CCW, MSP take a very dim view of that action even if you have been drinking ice tea. I asked the question once and was told by MSP stow the weapon in the truck? I had passed a background check, training (not their required class) and somehow the MSP feels it's better to leave it in a truck where it's now a target for thief, instead of being in control of a trained person? But that's Maryland. Chris

And what law would you be charged with violating? I missed that section in 4-203. A statute or COMAR cite will suffice.

More BGOS.

CypherPunk · Nov 16, 2018

The issue IMHO is not only the statute per say, but civil liability, where the standard is not beyond a reasonable doubt, but a mere preponderance of evidence.

I don’t know a single attorney that would turn down a negligence/wrongful/reckless/etc. suit if you have consumed any amount of alcohol., especially if you are insured or have any assets.

Sent from my iPhone using Tapatalk Pro

Biggfoot44 · Nov 16, 2018

Any attourneys that would refuse to bring a negligence/ reckless/ wrongful action simply because a person had a 0.0 BAC ?

Moorvogi · Nov 23, 2018

clandestine said:
I have an astonishing answer. It will blow everyone's mind.

Are you ready?

Don't drink or use drugs when you carry in public.

haha ya.. soo while i don't disagree.. one has to ask if taking dayquill to clear a head-cold makes it "better" or "worse" in the eyes of the law.

should you have a ccw and a head cold.. take some dayquill.. feeling better and have to use said CCW. you're potentially in trouble because you used some drugs.. though many would say they are better WITH dayquill (eyes, ears, nose, head, caugh.. etc etc).

F5guy · Nov 23, 2018

So are we talking about carrying and being under the influence/ having a beer or being involved in a shooting and being under influence/had a beer. At which point is it an issue - get pulled over for dui and they find you carrying ? Or after a shooting can they take your blood or just start asking questions for the investigation. Either way your screwed if your messed up and have or use a gun. Very different scenarios but something to wonder about. Best option as stated previously -don’t drink or drug, more money for guns lol.

Sent from my iPhone using Tapatalk

Rockzilla · Nov 23, 2018

But....Sir...he is my Designated Gun holder just like a driver, gave him / her my gun just like car keys or I got the gun, they got the bullets. No gun when filled with run..

-Rock

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