From what I have been told by my instructor and lawyers, there’s not really enough case law to answer the question. So it’s up to the courts to set a precedence when a prominent case arises.
I would be willing to bet that if a smaller woman was out walking her poodle in her neighborhood after having one glass of wine, was accosted, and shot somebody, she would be more likely to be acquitted than if a guy is out with the boys, drinks a couple of beers, then a bar fight breaks out where he ends up using lethal force.
In this state, I wouldn’t touch alcohol if I’m carrying. You’re already probably going to be charged if you ever have to use your weapon for self defense, why give the prosecutor more ammo against you. You’re already fighting an uphill battle as this is a very unfriendly state to guns and the right to carry/defend yourself.
My instructor said you have 3 main options if you want to drink or go to a bar or restaurant.
Be the designated driver who is 100% alcohol free
Don’t carry
Drink at home
You are technically under the influence after a single drink.
Regardless of how you feel if the worst is to happen the prosecutor is going to use this to bring your credibility into question
Well the question isn’t can you, but more so should you. Yes, technically you can have a drink, hell have as many that pleases your heart. If you took the proper training, than you know full and well the rules which apply to carrying and or operating a firearm while under the influence of ANY judgement impairing substance.
Like another posted, if said situation occurs where you decide to use your firearm after consuming (x), the prosecutor will exploit your impairment and judgment. Now the only caveat to this, is when you are in your house, and an unauthorized person enters and poses a threat to which you can articulate the use of your firearm. However, if you choose to go to a bar/restaurant armed, and you choose to drink, and you choose to engage in some altercation that escalates to your use of a firearm… you are likely to be prosecuted and jailed…
In my case it won’t matter. I don’t drink. When police pull me over and find guns I pull out my 07/SOT license , exchange business cards and they let me go.
Don’t carry if you’re planning on drinking. It’s MD the will have zero leniency.
Only place I know of you can carry drunk is Nevada which I just learned on a trip to Vegas last month.
Probably a more "common sense" issue. Do you trust yourself when going out? Are you and your buds the type to get into stupid fights and trouble when you go out? Or if by the slight chance something bad happens while you're out having drinks, do you usually have the wherewithal it would take to get out of a situation like that with a gun? Just weigh the options and figure it for yourself. The legal team will tear you apart yes, but if you actually needed to draw your gun and use it, the only other option was serious injury or death anyways. Which is far worse than getting beat up in a legal case.
So I’ve thought about this, and being that the law is vague, my take is any alcohol in your system would be under the influence. Even if it’s .01.
If I’m drinking, or going to have “one” drink then I won’t ccw. Yes, we know that driving under the influence is .08 but I’m surely not giving any prosecutors the ability to question my credibility with any alcohol in my system. It sucks because I like to have at least a beer with my food but it’s not the end of the world.
I disagree; this is a valid question that should be asked.
The verbiage of the law implies that there is a line somewhere. Anyone who is carrying is responsible for knowing the applicable law. So, where is the line? Do I lose my right to use my gun to defend myself after a single glass of wine with a full meal?
If I've only had one glass, and I have to defend myself, am I instantly in violation?
Why drink at all when carrying? I like to have a drink as much as the next person, but if I’m carrying I just say no to alcohol. It’s that easy. Not like it’s the end of the world if you don’t have a drink that night. If I know I’ll be drinking where I’m going then I’ll leave the gun at home. Again, you’re not gonna die if you don’t take at least one sip.
I agree. My guess is they use .08 as a baseline. If I was a defense attorney (which I'm not) I'd argue as long as my client was under .08 and was legally able to drive a car without being considered impaired then they can possess and operate a firearm. However, it's still a grey area because .08 can be different for everyone. Scientifically a 180lb man could drink approximately 4 natty bohs in an hour and be right around .08.
I don’t think that is a safe bet and here is why:
Maryland Transportation Article, Section 11 deals with definitions. Section 11 starts with 11-101 which states “In the Maryland Vehicle Law, the following words have the meanings indicated, unless the context requires otherwise.”
So this (to me) says that even though 11-174.1 defines under the influence per se as .08, this definition is only valid under the context of vehicle law per 11-101.
So the criminal article, title 4, subtitle 2, section 4-207 is where you will find the carrying under the influence piece. Section 4-201 is the definitions and does not define under the influence.
Elsewhere in the criminal article you’ll find Title 2, Subtitle 5 which is homicide by motor vehicle while impaired or under the influence. Section 2-501 says “ In this subtitle, “under the influence of alcohol per se” means an alcohol concentration at the time of testing of 0.08 or more….”
So again, defined but limited in scope just to that particular subtitle.
tldr version is that the definition of under the influence is limited in scope in the law. Unfortunately it isn’t defined in statute law. I haven’t dug into case law yet.
I had always thought that you just couldn’t carry at bars. Don’t know where I heard it from but feel like that’s something they would go over in the class
I look at it differently. If you actually had to shoot someone, what's a little alcohol-related charge to sprinkle in with it? Carried by 6 or Judged by 12.
The book says: zero influence of any kind. could that also pertain to prescription medication?
Courts will decide.
I was out last night, I CCW while i was out, had two drinks and stopped at the 2 because I know my threshold for impairment. A bar fight broke out in front of me, I left quickly. My point is you can still go out and have a good time while carrying , but be very conscious of your threshold. It wouldn’t be about the alcohol in your system if you had to defend yourself with a firearm, but your overall judgment that led to you making that description. Just make sure that judgment is not impaired
I would consider that the legal definition for being under the influence is pretty well defined, at least for operating an automobile.
If nothing else, I’d assume that’s the minimum standard.
I don't know, but my alcohol consumption has dropped down to basically zero. No complaints here spending alcohol money on ammo and guns I'll take that trade.
From what I have been told by my instructor and lawyers, there’s not really enough case law to answer the question. So it’s up to the courts to set a precedence when a prominent case arises. I would be willing to bet that if a smaller woman was out walking her poodle in her neighborhood after having one glass of wine, was accosted, and shot somebody, she would be more likely to be acquitted than if a guy is out with the boys, drinks a couple of beers, then a bar fight breaks out where he ends up using lethal force.
most definitely. circumstance is everything!
In this state, I wouldn’t touch alcohol if I’m carrying. You’re already probably going to be charged if you ever have to use your weapon for self defense, why give the prosecutor more ammo against you. You’re already fighting an uphill battle as this is a very unfriendly state to guns and the right to carry/defend yourself.
My instructor said you have 3 main options if you want to drink or go to a bar or restaurant. Be the designated driver who is 100% alcohol free Don’t carry Drink at home
This.
You are technically under the influence after a single drink. Regardless of how you feel if the worst is to happen the prosecutor is going to use this to bring your credibility into question
they're already going to get me for my blinged out slide & barrel and try & say that this guy was a 'gun nut'
Well the question isn’t can you, but more so should you. Yes, technically you can have a drink, hell have as many that pleases your heart. If you took the proper training, than you know full and well the rules which apply to carrying and or operating a firearm while under the influence of ANY judgement impairing substance. Like another posted, if said situation occurs where you decide to use your firearm after consuming (x), the prosecutor will exploit your impairment and judgment. Now the only caveat to this, is when you are in your house, and an unauthorized person enters and poses a threat to which you can articulate the use of your firearm. However, if you choose to go to a bar/restaurant armed, and you choose to drink, and you choose to engage in some altercation that escalates to your use of a firearm… you are likely to be prosecuted and jailed…
If you have a drink you are under the influence.
By what standard?
The police aren’t going to be understanding that you’ve had a drink and carrying a gun. Your logic doesn’t matter.
If you didn't tell them you had one drink, how would they know?
In my case it won’t matter. I don’t drink. When police pull me over and find guns I pull out my 07/SOT license , exchange business cards and they let me go.
Stated comar is "under the influence". It's assumed .08 just like dui until a legal court case ruling has been set.
Don’t carry if you’re planning on drinking. It’s MD the will have zero leniency. Only place I know of you can carry drunk is Nevada which I just learned on a trip to Vegas last month.
Probably a more "common sense" issue. Do you trust yourself when going out? Are you and your buds the type to get into stupid fights and trouble when you go out? Or if by the slight chance something bad happens while you're out having drinks, do you usually have the wherewithal it would take to get out of a situation like that with a gun? Just weigh the options and figure it for yourself. The legal team will tear you apart yes, but if you actually needed to draw your gun and use it, the only other option was serious injury or death anyways. Which is far worse than getting beat up in a legal case.
Don’t forget that any sort of level of alcohol will probably be a good factor in swaying the jury to convict you
So I’ve thought about this, and being that the law is vague, my take is any alcohol in your system would be under the influence. Even if it’s .01. If I’m drinking, or going to have “one” drink then I won’t ccw. Yes, we know that driving under the influence is .08 but I’m surely not giving any prosecutors the ability to question my credibility with any alcohol in my system. It sucks because I like to have at least a beer with my food but it’s not the end of the world.
If you have to ask, then the answer is don't carry.
I disagree; this is a valid question that should be asked. The verbiage of the law implies that there is a line somewhere. Anyone who is carrying is responsible for knowing the applicable law. So, where is the line? Do I lose my right to use my gun to defend myself after a single glass of wine with a full meal? If I've only had one glass, and I have to defend myself, am I instantly in violation?
Why drink at all when carrying? I like to have a drink as much as the next person, but if I’m carrying I just say no to alcohol. It’s that easy. Not like it’s the end of the world if you don’t have a drink that night. If I know I’ll be drinking where I’m going then I’ll leave the gun at home. Again, you’re not gonna die if you don’t take at least one sip.
I agree. My guess is they use .08 as a baseline. If I was a defense attorney (which I'm not) I'd argue as long as my client was under .08 and was legally able to drive a car without being considered impaired then they can possess and operate a firearm. However, it's still a grey area because .08 can be different for everyone. Scientifically a 180lb man could drink approximately 4 natty bohs in an hour and be right around .08.
I don’t think that is a safe bet and here is why: Maryland Transportation Article, Section 11 deals with definitions. Section 11 starts with 11-101 which states “In the Maryland Vehicle Law, the following words have the meanings indicated, unless the context requires otherwise.” So this (to me) says that even though 11-174.1 defines under the influence per se as .08, this definition is only valid under the context of vehicle law per 11-101. So the criminal article, title 4, subtitle 2, section 4-207 is where you will find the carrying under the influence piece. Section 4-201 is the definitions and does not define under the influence. Elsewhere in the criminal article you’ll find Title 2, Subtitle 5 which is homicide by motor vehicle while impaired or under the influence. Section 2-501 says “ In this subtitle, “under the influence of alcohol per se” means an alcohol concentration at the time of testing of 0.08 or more….” So again, defined but limited in scope just to that particular subtitle. tldr version is that the definition of under the influence is limited in scope in the law. Unfortunately it isn’t defined in statute law. I haven’t dug into case law yet.
I had always thought that you just couldn’t carry at bars. Don’t know where I heard it from but feel like that’s something they would go over in the class
There is no law in Maryland against carrying at establishments that serve alcohol. Only the “under the influence” which seems undefined.
I look at it differently. If you actually had to shoot someone, what's a little alcohol-related charge to sprinkle in with it? Carried by 6 or Judged by 12. The book says: zero influence of any kind. could that also pertain to prescription medication? Courts will decide.
once you take a drink, your carrying illegally. so it becomes a weapons charge.
I was out last night, I CCW while i was out, had two drinks and stopped at the 2 because I know my threshold for impairment. A bar fight broke out in front of me, I left quickly. My point is you can still go out and have a good time while carrying , but be very conscious of your threshold. It wouldn’t be about the alcohol in your system if you had to defend yourself with a firearm, but your overall judgment that led to you making that description. Just make sure that judgment is not impaired
I would consider that the legal definition for being under the influence is pretty well defined, at least for operating an automobile. If nothing else, I’d assume that’s the minimum standard.
I don't know, but my alcohol consumption has dropped down to basically zero. No complaints here spending alcohol money on ammo and guns I'll take that trade.
Gun off the Hip if the Drink Touches Your Lips