Carrying Firearms Under the Influence of Alcohol or Controlled Substance

Laws and Penalties in Michigan of Carrying a Concealed Firearm or EMD Under the Influence of Alcohol or Controlled Substance

Yes, Marijuana is still a controlled substance under Federal Law
(current Sept 2024 – but November election time is coming-so…)

An individual shall not

An individual is prohibited from carrying a concealed pistol or a portable device that employs electro-muscular disruption EMD technology if they are under the influence of alcoholic beverages or a controlled substance or if their bodily alcohol content is .02 BAC or higher.

Implied Consent

Accepting a Michigan Concealed Pistol License implies consent to undergo a chemical test to determine the presence of alcoholic beverages or controlled substances.

Probable Cause

A police officer who has probable cause to suspect that an individual is in possession of a concealed pistol or EMD device while under the influence of alcohol or a controlled substance, or has an unlawful blood alcohol level, may request that the individual undergo a chemical analysis of their breath, blood, or urine.

Penalties

An individual carrying a concealed pistol or EMD device with a prohibited BAC is subject to immediate seizure of his or her pistol and the following penalties:

BAC of .02 – .07 = State civil infraction, $100 fine, and 1-year CPL suspension.
BAC of .08 – .09 = 93-day misdemeanor, $100 fine, and 3-year CPL suspension.
BAC of .10 or more, or under the influence of alcoholic liquor or a controlled substance = 93-day misdemeanor, $100 fine, and CPL revocation.

What you can do when you’re under the influence.

An individual who has an unlawful bodily alcohol content may do the following:

Transport a pistol in the locked trunk of a motor vehicle or, if the vehicle does not have a trunk, transport the pistol unloaded in a locked compartment or container that is separated from the ammunition for that pistol.
Transport a pistol on a vessel if the pistol is transported unloaded in a locked compartment or container that is separated from the ammunition for that pistol.
Transport an EMD device in the locked trunk of a motor vehicle or, if the vehicle does not have a trunk, transport the EMD device in a locked compartment or container.
Transport an EMD device on a vessel if the EMD device is transported in a locked compartment or container.

Then when you get pulled over for DUI they will take it anyway. That’s when you need more than just average legal help.

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