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alchohol and guns

Marcus92183

Regular Member
Joined
Oct 30, 2012
Messages
68
Location
saco, Maine, United States
does anyone know if the law for guns and alchohol is zero tolerance or like driving meaning be under the limit? example if i have a drink at dinner at a friends house and i am still way under the legal oui limit and happen to end up dealing with a police officer and he finds out i am carrying am i in violation of the law? i very rarely drink and almost always carry my gun i just need to know if im making a huge risk even though i have one drink and i am nowhere near intoxicated?
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
does anyone know if the law for guns and alchohol is zero tolerance or like driving meaning be under the limit? example if i have a drink at dinner at a friends house and i am still way under the legal oui limit and happen to end up dealing with a police officer and he finds out i am carrying am i in violation of the law? i very rarely drink and almost always carry my gun i just need to know if im making a huge risk even though i have one drink and i am nowhere near intoxicated?

In Maine "under the influence" means 0.08% alcohol by volume. I HIGHLY recommend you take a personal responsibility and decide that zero tolerance is the better approach.
 

Maine Expat

Regular Member
Joined
Jun 29, 2012
Messages
235
Location
Ukraine & Bangor Maine
X2

As Nancy Reagan used to say, "Just say no."

There is far too much at stake for all of us and we cannot afford to be looked upon as "beer swilling rednecks" by the public. We're developing a decent image and with all the legislative action in the works a negative headline is not gonna help our cause.

If you're going to drink, better to leave your gun in the trunk or at home and above all know your limits and stay safe.

No offense to my fellow rednecks. ;)
 

MainelyGlock

Regular Member
Joined
Feb 19, 2012
Messages
615
Location
Portland, ME
I never drink when I carry. If I'm out, and my gun is locked in my car, I limit myself to A beer. Think of how an attorney could and would twist the influence of alcohol against you if you ever had to use your firearm in a defensive manner. Doesn't matter if you had one beer or twenty, you'll still look bad automatically to the jury. Not worth it!
 

SPOProds

Regular Member
Joined
Jan 14, 2012
Messages
464
Location
Orono, ME
My right to defend myself the best way I know how isn't given up after a beer. I'd rather take my chance in court than take my chance against someone intent on doing me harm. YMMV
 

scott58dh

Regular Member
Joined
Oct 16, 2011
Messages
425
Location
why?
My right to defend myself the best way I know how isn't given up after a beer. I'd rather take my chance in court than take my chance against someone intent on doing me harm. YMMV

Common Sense Ain't so Common any more.
 

SPOProds

Regular Member
Joined
Jan 14, 2012
Messages
464
Location
Orono, ME
Common Sense Ain't so Common any more.

Insult much?

We're all big boys and can make our own life choices. Granted i haven't always made the best choices in life this isn't something i see as a bad idea. Will one drink cause you to spray and prey? Probably not. Am i unfit to fire a gun after a drink? Probably not. Some? Yes. This is a personal choice. If you don't like someone "drinking" and carrying, move to another country. Do you not drive after one beer? The chances of you causing an accident after a beer are far greater than you removing your gun from the holster and accidentally shooting someone. I've been REALLY DRINKING today so my gun is locked up. I DON'T ADVOCATE BEING DRINKING AND CARRYING. I also don't think you have to be prim and proper to carry.

This goes along with many feelings of... "don't OC at a 2A rally it'll make the liberals upset", " we should all wear suits to the rally to show we're professional".... i have a right to carry, for any 2A advocate to limit that right in any way, shape or form makes them an Anti in my eyes....

I hope noone takes this as a direct challenge, just stating my opinion as guaranteed by the first amendment and protected by the second.
 

scott58dh

Regular Member
Joined
Oct 16, 2011
Messages
425
Location
why?
Insult much?

We're all big boys and can make our own life choices. Granted i haven't always made the best choices in life this isn't something i see as a bad idea. Will one drink cause you to spray and prey? Probably not. Am i unfit to fire a gun after a drink? Probably not. Some? Yes. This is a personal choice. If you don't like someone "drinking" and carrying, move to another country. Do you not drive after one beer? The chances of you causing an accident after a beer are far greater than you removing your gun from the holster and accidentally shooting someone. I've been REALLY DRINKING today so my gun is locked up. I DON'T ADVOCATE BEING DRINKING AND CARRYING. I also don't think you have to be prim and proper to carry.

This goes along with many feelings of... "don't OC at a 2A rally it'll make the liberals upset", " we should all wear suits to the rally to show we're professional".... i have a right to carry, for any 2A advocate to limit that right in any way, shape or form makes them an Anti in my eyes....

I hope noone takes this as a direct challenge, just stating my opinion as guaranteed by the first amendment and protected by the second.

I know this is something 90% of gun owners won't agree with me on. But it's how i feel and live.

Not intended as an insult, by being of the 90% persuasion, I'm merely making an observation.

Ditto to ***yOUR*** Constitutional Rights :exclaim:

IMHO, 1 Beer ain't gonna hurt anyone, provided nothing comes up ! Anyone who decides to partake in an activity which leaves them susceptible to letting their guard down (*) is asking for trouble.

I don't know your personal business, (married, children, job) however, we need to be *Responsible* citizens as a whole. Especially now during these turbulent times concerning the 2A thang.

*Responsible* to me being defined as, Since I now Choose to "CARRY" a Firearm on a regular basis, I realise that MY Decisions (being good OR bad) concerning that I am Now an Armed Citizen WILL most certainly reflect on the General Status of Others who have also made the same decision which I made some time ago.

So don't feel as though I am attacking Your choices in Your life which You make, I just don't see the necessity in muddying up the 2A waters any more than they already have been.

This following is my overall outlook and how I am hoping to be prepared should *STUFF* start to happen.

>>>* Situational Awareness * <<< ; Involves, being observant, scanning and evaluating our surroundings, accepting without question that danger can come suddenly and with no warning whatsoever, and recognizing the potential for danger as it approaches, while developing a plan to either defend against the danger, or to just get away from the danger as quickly as possible, without wasting time asking oneself, “Is this really happening?”. Because by the time you are busy asking yourself that question, the answer is already “Yes.”


Peace & Carry Safe :exclaim::cool:
 

Marcus92183

Regular Member
Joined
Oct 30, 2012
Messages
68
Location
saco, Maine, United States
the question wasn't about how people feel about alchohol and guns it was about the legality of it. in my opinion a car is more dangerous than a gun under the influence of one or two drinks and people are allowed to do that and do everyday.
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
Addressing solely the legality of what was asked...

The link provided in post #4 applies to consumption in a licensed establishment (bar, restaurant), & establishes 0.08%BAC as "under the influence" &/or "excessive alcohol level" w/r/t possession of a firearm.

Since being over 0.08% is illegal, it would stand to reason that being under 0.08% is not illegal.

HOWEVER...
In WI there are several laws which apply to combining alcohol & firearms, & I encourage you to do more searching in the Maine code to see if there's something similar.
Not only do we have the "can't consume alcohol while cc in a licensed establishment" statute,
there's also one saying that nobody can be "materially impaired" while in possession of a firearm.
(Anywhere.)
That's defined as 0.08%, but can probably be proven at a lower BAC if the person is wobbly, slurring, etc.

For myself, I won't drink alcohol while carrying in public, & will only have 1 (usually with dinner) if I'm at home (mine or a friend's). There's no way that will put me anywhere near 0.08% or "materially impaired".
 
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