Because of the number of drunk driving cases that we handle at the Maze Legal Group, we have a great deal of experience with charges involving CPLs (concealed pistol license) commonly referred to as a CCW, which stands for carrying a concealed weapon. Technically, Michigan grants CPLs and not CCWs.
Michigan’s CPL holders must be especially careful consuming alcohol. If you already have a CPL, you will recall from your training that this was covered extensively during the course. Nonetheless, there are myths and confusion that abound in this area. Hopefully, we can help clarify the law.
MUST DISCLOSE CPL TO POLICE OFFICER WHEN CARRYING
First, if you are stopped by the police and you are carrying a pistol, you must identify yourself as a CPL holder and tell the officer that you are carrying a concealed weapon. (In most courses, instructors tell students that they must disclose the fact that they have a CPL, even if the person is not carrying. Most police officers interpret the law in this fashion. That is simply not an accurate interpretation of the law. See MCL 28.425f(3). (“An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol . . . and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol . . . concealed upon his or her person or in his or her vehicle.”)
If you are intoxicated, however, you might forget the disclosure rules. This happens all the time, and unfortunately, it is a civil infraction. The law places a responsibility upon CPL holders that does not grant them flexibility.
.02 BrAC IF CARRYING PISTOL
Second, if you have been drinking alcoholic beverages and you are carrying concealed, you are likely in a lot of trouble. The law prohibits a person from carrying concealed after one drink, i.e. a blood alcohol level of .02 BrAC prohibits a person from carrying concealed. MCL 28.425k provides that:
(2) An individual shall not carry a concealed pistol or portable device that uses electro-muscular disruption technology while he or she is under the influence of alcoholic liquor or a controlled substance or while having a bodily alcohol content prohibited under this section. An individual who violates this section is responsible for a state civil infraction or guilty of a crime as follows: (a) If the person was under the influence of alcoholic liquor or a controlled substance or a combination of alcoholic liquor and a controlled substance, or had a bodily alcohol content of .10 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or $100.00, or both. The court shall order the concealed weapon licensing board that issued the individual a license to carry a concealed pistol to permanently revoke the license. The concealed weapon licensing board shall permanently revoke the license as ordered by the court. (b) If the person had a bodily alcohol content of .08 or more but less than .10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or $100.00, or both. The court may order the concealed weapon licensing board that issued the individual a license to carry a concealed pistol to revoke the license for not more than 3 years. The concealed weapon licensing board shall revoke the license as ordered by the court. (c) If the person had a bodily alcohol content of .02 or more but less than .08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, the individual is responsible for a state civil infraction and may be fined not more than $100.00. The court may order the concealed weapon licensing board that issued the individual the license to revoke the license for 1 year. The concealed weapon licensing board shall revoke the license as ordered by the court. The court shall notify the concealed weapon licensing board that issued the individual a license to carry a concealed pistol if an individual is found responsible for a subsequent violation of this subdivision.
KEEP PISTOL IN TRUNK IF CONSUMING
The best practice for a CPL holder is to leave the pistol at home whenever he/she plans on drinking. Keep in mind also that it is unlawful to carry in an establishment that primarily sells alcohol. MCL 28.425o(1)(d). If you are drinking and driving, however, place your pistol in the locked trunk. If the vehicle does not have a trunk, the pistol must be “unloaded in a locked compartment or container that is separated from the ammunition for that pistol.” (Note: here is yet another myth. The pistol need not be unloaded or separated from the ammunition if it is locked in the trunk of the vehicle. The wording of the statute is important.)
POSSESSION GREATER THAN .08 APPLIES TO EVERYONE REGARDLESS OF CPL STATUS
MCL 750.237 is another statute that addresses the charge of “Possession of a Firearm While Intoxicated.” This can be charged against anyone. It is not specific to the CPL holder, even though it is frequently charged when a CPL / CCW holder is arrested for OWI.. (Note: the CPL / CCW holder does not need to be actually carrying the weapon for prosecutors to tack this charge on to an OWI charge, even though this directly conflicts with the provisions of MCL 28.425k detailed above.) Under this statute, if a pistol is located in the glove box, for example, prosecutors can make a good argument that it is close enough and readily accessible such that the driver is in possession of the gun. The actual statute that proscribes possessing a firearm while intoxicated is very broadly written. MCL 750.237(1) states in part that:
(1) An individual shall not carry, have in possession or under control, or use in any manner or discharge a firearm under any of the following circumstances: (a) The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance. (b) The individual has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. (c) Because of the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, the individual's ability to use a firearm is visibly impaired.
To “have in possession or under control” is very broad. Dangerously broad. The CPL holder is in full compliance under MCL 28.425k when the pistol is locked in the trunk, but clearly the CPL holder still has the pistol “in [his or her] possession or under [his or her] control.” Frankly, there have been some serious doubts raised over the validity of the statutory language contained in MCL 750.237(1) in recent years, since arguably this prohibits any gun owner from ever drinking at home. For instance, under the felony firearm provisions, a felon is considered to be in possession and have control of all firearms in a home. Under these broad interpretations, the law may not be constitutional. Furthermore, since the provisions of MCL 750.237 conflict with the more specific language of MCL 28.425k, a challenge would likely reveal that the specific CPL provisions trump the generic provisions of MCL 750.237.