# Alcohol and hunting



## just ducky (Aug 23, 2002)

This may not be a true "game and fish" law issue, but more of a typical legal question. Is it legal to go to camp for lunch and have a beer and a burger, then proceed back to hunting in the afternoon? I would assume that you can do so as long as you don't drink enough alcohol to become impaired or of course legally drunk.

Mind you, I'm not suggesting drinking ANY alcohol during the day when you are hunting. We never have done that. But a friend claims to have gotten thrown in jail for what he called "drinking and hunting". He claims he only had a beer and burger at lunch, but when stopped by a CO to routinely check licenses, the CO smelled alcohol on his breath, called in a trooper to administer a breathalyzer, and he was subsequently taken to jail! I'm very suspicious that he's not telling....as Paul Harvey would say...."the REST of the story". Again, I'm assuming having one beer with lunch would not get you arrested. Just trying to understand the law.


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## answerguy8 (Oct 15, 2001)

"But I only had one beer ociffer." 

How many times do you think LEOs have heard that one?


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## boehr (Jan 31, 2000)

Exact wording of the hunting law is; A person licensed to carry a firearm under this part is prohibited from doing so while *under the influence* of a controlled substance or alcohol or a combination of a controlled substance and alcohol. A person who violates this subsection is guilty of a misdemeanor, punishable by imprisonment for 90 days, or a fine of $500.00, or both.

For Carrying a concealed weapon it is .02.... see here; http://www.michigan.gov/msp/0,1607,7-123-1591_3503_4654-10961--,00.html

As to just a (one) beer and a burger, he is probably not telling you "the rest of the story".


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## BaitRunner (Sep 21, 2002)

Last Part!!


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## GWPguy (Feb 16, 2004)

Why take the chance. Save the beer for after the hunt.
I love beer as much as the next guy. But alcohol and guns just do not mix. A pop and a burger will have to do.


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## Mike Rathnow (Jun 29, 2004)

Alcohol and guns don't mix. Even back at the cabin. When the drinking starts the guns, and I mean all the guns go into the safe until the next day. No questions asked. It's been that way since the beginning and will never change. Beside's I don't know about anyone else, but when I start drinking beer, and finally have to go pee. It seems like every 15 minutes I have to go. So way be in the woods anyways. If you want to drink, then drink. If you want to hunt, then hunt. Don't do both.


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## just ducky (Aug 23, 2002)

Thanks guys for all the input. Again, I wasn't promoting the idea of drinking anything and then going hunting. I never do. I only wanted to understand the law. And to Boehr, reading the words that you posted, as well as the link to the MSP, the wording "licensed to carry" seems to be referring to someone with a CCW license, not just a normal hunting license. So I'm not sure that I have an answer or not......My brother is a Lt. in the MSP and he's checking into it also. And I agree, I'm sure my friend did something more than he's telling me.


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## boehr (Jan 31, 2000)

The license to carry part in the first paragraph referred to having a hunting license in a area frequented by wild game, not CCW. License to hunt in other words. Sorry.


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## Hi Ho Silver_Joe (Aug 4, 2003)

boehr said:


> The license to carry part in the first paragraph referred to having a hunting license in a area frequented by wild game, not CCW. License to hunt in other words. Sorry.


Are you saying you cannot carry a gun on your own property... or target shoot on state or federal land unless you have a license to hunt?


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## boehr (Jan 31, 2000)

In this instance we are talking about hunting while intoxicated and if a person didn't have a hunting license then it may be difficult to prosecute for that particular charge but......to answer your question I post the state law.

Michigan Compiled Laws 324.43510(2), a person shall not carry or transport a firearm, slingshot, bow and arrow, crossbow, or a trap while in any area frequented by wild animals unless that person has in his or her possession a license as required under this part.

So to answer your question, following the letter of the law, that is true, and has been the law for decades but again, that is not the discussion here.


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## Youper (Jul 8, 2001)

That's why I always get my small game lisence in April when I get my fishing liscence. I think it is an odd law, and one easy to run afoul of, because there is nothing in one's consciense warning against going around without a hunting liscense when one is not hunting.


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## boehr (Jan 31, 2000)

You are correct Youper but at the same time do all honest hunters want to have to wait until a poacher kills or attempts to kill an animal before one is required to have a license? Maybe one should have to catch a fish before having a fishing license. It works both ways and since a honest hunter always gets a hunting license anyway, it only makes it hard on the person who hunts without a license.


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