Any way to legally disarm?

[Guest cowboy20th]

I know there have been quite a few topics on this, but none of them really answered my question.

So if I am out running errands, armed of course, and some friends call to go to a restaurant and have a drink, is there a way to disarm without disassembling my weapon.

My main concern is the drive home. Of course I would leave the weapon locked in the car while in the establishment, but once I am ready to leave I am now in a vehicle with a loaded weapon and under the influence (not driving of course, I believe strongly in designated drivers).

Would locked in the console be acceptable if I were to get pulled over? Maybe I should unload and lock away in separate compartments, do I have to completely unload the magazine?

I understand carrying is a big responsibility, so is being able to drink in public. I know the easy answer is to simply not drink if carrying, and don't carry if drinking. This is what I will do, I did so tonight since I was more concerned with safety then with drinking. But, if there is a way to account for these spontaneous situations, then it would be nice to know about. And keep in mind, i am not talking about being trashed or drinking and driving, none of that mixes with firearms let alone just not being a good idea in the first place for 1000's of reasons. But having one or two and then safely going on my way legally is what I am asking about. I know I will have to be disarmed to do so, what exactly is considered disarmed with a weapon in your possession in the since that you randomly seen some friends had a drink and would like to get home safely and legally?

[TMMT]

Well a cop with common sense would see the steps you've taken and reach the conclusion that you did your absolute best under the give circumstances and think nothing more of it, handle the traffic stop and bid you all a safe night.

But we all know the old joke about cops and common sense.

[Guest SureShot308]

Mine usually go in a bag in the trunk, or at least in the trunk when the situation arrises and I don't have any other good place to secure them before drinking.

[BryanP]

Locked in the trunk or in the console (unloaded in this case) would seem to be prudent. Me, I'd just join my friends and restrict myself to soda, but then I'm not a big drinker anyway.

[TripleDigitRide]

If I were put in such a situation, I would choose not to drink. Better to be safe than sorry.

[Guest benchpresspower]

better to not have a drink once than to not have your permit ever again

[Electric B]

If I were put in such a situation, I would choose not to drink. Better to be safe than sorry.

+++1

[Guest HexHead]

While I'm on the "better to not drink" bandwagon, I'd imagine transporting a pistol the same way someone without a permit does would suffice. Unloaded, in a locked container (like the trunk), separate from the ammunition. Having it not inside the vehicle with you would probably be a better idea than just in the console or glove box.

[Guest Muttling]

Weapon in the glove box, ammo in the trunk. Or vice versa. If you drive a truck do you have a tool box to put the ammo in?

If the weapon is stored with the ammo they can still argue you were armed if they really want to.

[Guest cowboy20th]

Thanks for the replies everyone.

I am on the better not to drink side as well, but this could come in handy in other situations as well.

Since you are not supposed to have a loaded magazine if you do not have a permit, would you guys empty your magazine as well or just leave it the way it is?

[Fallguy]

First thing I'd do is not mention there is a firearm in the vehicle.

If the driver doesn't have a HCP, as a passenger I don't think I would volunteer that I did.

I'm assuming the driver doesn't have in your situation since if he did and is sober enough to drive, he could carry your firearm...remember no limit on the amount of firearms someone with a HCP can carry.

[DaveTN]

Yes, there is a way to legally disarm.

If you are intoxicated your permit is not valid. So just look at how you could transport the weapon if you didn’t have a permit. To avoid the “intent to go armed†statute you unload the weapon and the magazine. You lock the weapon in the trunk.

I don’t carry when I go out because I know I will be drinking. On one occasion when I thought I would be meeting someone else later before I went home, since I was driving my Suburban that doesn’t have a trunk, I threw a case and cable lock in the back.

Nothing can assure you that you won’t be arrested if you are drunk and a gun is in the car. But if it is unloaded and secured in the trunk or has a cable lock through it; I don’t think a Prosecutor is going to file charges. Just not taking a gun in the car when you plan on drinking is the obvious answer.

[Guest cowboy20th]

Thanks for all the answers.

That is exactly what I was wondering Dave, thank you. Most of the time I would not take mine as well, or not drink. But it is nice to know if something comes up and I am comfortable with not being armed I can do so legally.

Thanks everyone.

[Guest jackdm3]

You could save the drinking for home. Your situational awareness is more important than getting lit. I know you might have only two and feel fine, but for me two may hit me hard enough, and five won't do anything but keep me up peeing all night. It's the two that concern me enough to keep my permit and nowhere near jail just because a cop smelled something he could make a case out of.

[Guest Muttling]

Thanks for the replies everyone.

I am on the better not to drink side as well, but this could come in handy in other situations as well.

Since you are not supposed to have a loaded magazine if you do not have a permit, would you guys empty your magazine as well or just leave it the way it is?

I don't know that a full magazine really makes a big difference. Either the ammo is near the weapon or it's not. Put the loaded magazines in the trunk and the weapon in the glove box.

[Guest 270win]

I would drink in public where it is legal to carry a handgun on me while drinking or leave the handgun at home. I hate leaving a handgun in a car where it can be stolen. I have had a drink in Mississippi, Arkansas, Alabama (no state law in those places explicitly against drinking...you can get your license pulled in AR for public intox or DWI while carrying). Stolen guns are a big problem. A gun that is on me and loaded can't be stolen.