Possession Or Use Of A Firearm While Under The Influence Of Alcohol Or Drugs

The law prohibits people from carrying, possessing or using a firearm while under the influence of alcohol or drugs. MCL 750.237

Misdemeanor Use or Possession While Under the Influence

It is a misdemeanor for a person to use or possesses a firearm with a blood alcohol content of .08 or over, or whose ability to use a firearm is visibly impaired by alcohol or drugs, punishable by;

  • Up to 93 days in jail
  • A $100.00 fine with court costs for carrying or possessing a firearm
  • Or a $500.00 fine with court costs for use or discharge of a firearm

Use of a Firearm While Under the Influence Causing Serious Impairment of a Body Function

A violation of this law that results in serious impairment of a body function is a felony, punishable by

  • Up to five years in prison
  • A fine between $1,000.00 and $5,00.00, or
  • Both

Serious Impairment of a Body Function is defined as;

  • Loss of a limb or use of a limb
  • Loss of a hand, foot, finder, or thumb, or use of a hand, foot, finger, or thumb
  • Loss of an eye or ear or of use of an eye or ear
  • Loss of a substantial impairment of a bodily function
  • Serious Visible Disfigurement
  • A comatose state that lasts more than 3 days
  • Measurable brain damage or mental impairment
  • A skull fracture or other serious bone fracture
  • Subdural hemmorrhage or subdural hematoma
  • Loss of an organ

Use of a Firearm While Under the Influence Causing Death

A violation of this law that results in the death of another person is a felony, punishable by;

  • Up to 15 years in prison
  • A fine of between $2,500.00 and $10,000.00, or
  • Both

The Interaction between Possession of a Weapon Under the Influence MCL 750.237 and MCL 28.425k CPL License Law

There is another law on the books that gets specific with the exact CPL consequences for carrying a gun with a blood alcohol level.

The following acts are against the law:

Carrying a pistol or taser with a blood alcohol content of .10 or more is a misdemeanor, punishable by;

  • Up to 93 days in jail
  • A $100.00 fine plus court costs
  • Revocation of concealed pistol license

Carrying a pistol or taser with a blood alcohol content of over .08 but less than .10 is a misdemeanor, punishable by;

  • Up to 93 days in jail
  • A $100.00 fine plus court costs
  • 3 year suspension of concealed pistol license

Carrying a pistol or taser with a blood alcohol content of .02 or more but less than .08 is a civil infraction, punishable by;

  • A $100.00 fine plus court costs
  • 1 year suspension of concealed pistol license

MCL 28.425k

Implied Consent and Firearms

A police officer who has probable cause to believe you are in possession of a firearm while under the influence may require you to provide a chemical test, either blood or breath, to determine your blood alcohol content or if drugs are present.

The police officer will read you what’s called chemical test rights. These rights inform a person that refusal of the test is a civil infraction that can result in a $100 fine with costs. CPL holders face a 6 month license suspension for refusal of the test.

You can refuse to take the test. If you refuse, the police will apply for a search warrant and will probably succeed in obtaining the search warrant. Once the police officer has the search warrant the officer can force you to take a blood test.

The statute specifies that the collection and testing of the chemical sample will be in accordance with the manner that chemical tests are performed under the drinking and driving statute.

Possession of a Firearm While Under the Influence and Other Charges

Being charged under this law does not prevent a person from being charged with another criminal offense. In these situations it is common for a person to be charged with an additional charge, such as a DUI/DWI or disorderly conduct. For example, the police stop a person for bad driving and discover a gun in the car and the person has a high BAC. Basically any other criminal charge will result in a suspension of your CPL or will disqualify you from getting a CPL. Beating the underlying charge would be necessary to beating the possession of a firearm while under the influence.

Contact Us at 734.883.9584

Call Sam Bernstein at 734.883.9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is an Ann Arbor criminal lawyer.

ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.

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Our Practice

Sam Bernstein is a criminal defense lawyer who represents clients on a variety of charges, including firearms offenses, drinking and driving offenses, disorderly conduct, and felony crimes.

Have you been charged with a crime and would like to know more before you go to court? Browse through our ArborYpsi Law blog and you find relevant articles on criminal defense issues and the court process. Give us a call to see our ArborYpsi would be the right criminal defense lawyer for you.

We practice in Ann Arbor and Ypsilanti, and travel where necessary, including to Detroit, Pontiac, Westland, Romulus, Plymouth, Jackson, Chelsea, and all points in between.

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