alcohol...carry, but not on person

[93civEJ1]

I was out eating earlier, and I got to thinking. I know you cant legally drink and carry...but what if you had been out, had a beer or a glass of wine with dinner and have your firearm in the car while you are driving back home. How does that situation play out?

Edited July 10, 2011 by 93civEJ1

[Oh Shoot]

I was out eating earlier, and I got to thinking. I know you cant legally drink and carry...but what if you had been out, had a beer or a glass of wine with dinner and have your firearm in the car while you are driving back home. How does that situation play out?

Depends on whether you are deemed as intoxicated. If not, cool, if so, could be charged, whether loaded gun is on your person or just in your car. And that's LEO's judgement call, there's no BAC level to presume guilt or innocence.

Best to unload, separate ammo and gun just as if you didn't have a permit, I always advise. Then you're "only" facing possibility of DUI hassle at worst.

- OS

Edited July 10, 2011 by OhShoot

[93civEJ1]

i was just curious if the law still applies when you arent carrying on person, but have a loaded weapon in the vehicle stashed away. just looking at things from different perspectives.

[Oh Shoot]

i was just curious if the law still applies when you arent carrying on person, but have a loaded weapon in the vehicle stashed away. just looking at things from different perspectives.

Absolutely. The only way to legally have a loaded gun in vehicle in this state is to have a HCP. It is still possession of a loaded weapon.

With a permit but intoxicated it is a crime. Without a permit and intoxicated it is two separate crimes.

- OS

[Guest m&pc9]

If I'm out and have a few I will separate the gun and ammo. Gun in trunk ammo in glove box. But if I have only one in an hour or so I will reholster it and carry home.

I know everyone is not going to agree with me. But thats what I do.

[daddyo]

When I made the decision to carry, I gave up drinking. Problem solved.

[mikegideon]

When I made the decision to carry, I gave up drinking. Problem solved.

Armed and crabby

[DaveTN]

It would basically be the same as if you were a regular citizen that hadn’t bought any special privileges; you would be arrested.

I keep a gun in the car, but like last night when we went out for dinner I took it out. I like to drink and I know full well what a .08 is; so I don’t drive or have a gun in the vehicle.

[daddyo]

Armed and crabby

Not at all; my safety and the safety of my family are more important to me than getting a buzz.

[Guest FHTMcrt]

When I made the decision to carry, I gave up drinking. Problem solved.

+1

[Guest President Fernatt]

Not only would I separate my magazines, guns, and ammo in 3 different areas of the car but I would also lock my gun. Using either a trigger lock or a complete gun lock that goes from the action through the grip. If you separate all components and lock the gun...it would be very difficult for anyone to gather that you had "reasonable" access to it. Obviously no one here can give legal advice but back when I took my permit class earlier this year that exact question was asked and the exact answer the instructor gave was the one I provided.

[Paladin132]

My rule is not to carry if I have it on my breath, which means even tasting a drink someone offers. I also apply an eight hour rule of no drinking eight hours prior to carrying. Of course, I rarely have a drink and almost never away from home.

[mikegideon]

Not at all; my safety and the safety of my family are more important to me than getting a buzz.

Just razzin' you. It sure would simplify things.

[daddyo]

Just razzin' you. It sure would simplify things.

[Fallguy]

i was just curious if the law still applies when you arent carrying on person, but have a loaded weapon in the vehicle stashed away. just looking at things from different perspectives.

The law on being armed and intoxicated says if it is in your possession, not on your person. A firearm can still be in your possession even if not on your person.

[mikegideon]

The law on being armed and intoxicated says if it is in your possession, not on your person. A firearm can still be in your possession even if not on your person.

You're the one to answer this. I always assumed that if I was carrying, and stopped for a beer, that my permit was just suspended as long as the alcohol is in my system. I would disarm, and move the gun into transport mode, as if I didn't have a permit. Is that correct?

[Fallguy]

You're the one to answer this. I always assumed that if I was carrying, and stopped for a beer, that my permit was just suspended as long as the alcohol is in my system. I would disarm, and move the gun into transport mode, as if I didn't have a permit. Is that correct?

Me personal feelings, if you stop and have "a" beer, you probably aren't under the influence...but I won't be the one deciding that.

If you stored the gun in transport mode, as you say, IMO that would show you are not intending to go armed and "should" be enough for a LEO.

Again though, my personal thoughts are if you are able to legally drive, you should be able to legally carry. I mean you can't drive under the influence and you can't carry under the influence...not sure how you can be ok to do one and not the other. But again, I won't be the one that stopped you and will be making that determination....

[Guest ThePunisher]

Some people just have to push the limits on everything, and drinking and driving is just stupid in today's time, and certainly pushing the limits even further by having your gun in your possession is even more stupid. This is just what the anti-gun people are looking for to add to their debate that people are just not responsible to carry guns.

[bajabuc]

Me personal feelings, if you stop and have "a" beer, you probably aren't under the influence...but I won't be the one deciding that.

If you stored the gun in transport mode, as you say, IMO that would show you are not intending to go armed and "should" be enough for a LEO.

Again though, my personal thoughts are if you are able to legally drive, you should be able to legally carry. I mean you can't drive under the influence and you can't carry under the influence...not sure how you can be ok to do one and not the other. But again, I won't be the one that stopped you and will be making that determination....

The cop makes the stop...the court makes the determination. The LEO should never be the determinator.

[DaveTN]

The cop makes the stop...the court makes the determination. The LEO should never be the determinator.

No, the cop makes the stop and the arrest, the DA decides if charges are filed, a Judge or jury determines if you are guilty based on the evidence and testimony of you and the Officer.

Who wants to go through all that and have a DUI or a weapons charge on their record?

Chances are if the cop thinks you are too intoxicated to be carrying you are going to be arrested for DUI. At that point you have the opportunity to have your BAC level documented.

Drinking and driving/carrying; it’s a no brainer.

[daddyo]

No, the cop makes the stop and the arrest, the DA decides if charges are filed, a Judge or jury determines if you are guilty based on the evidence and testimony of you and the Officer.

Who wants to go through all that and have a DUI or a weapons charge on their record?

Chances are if the cop thinks you are too intoxicated to be carrying you are going to be arrested for DUI. At that point you have the opportunity to have your BAC level documented.

Drinking and driving/carrying; it’s a no brainer.

^^^^^^^^ THIS...

[93civEJ1]

how did this discussion go from the question of having a glass of wine or 1 beer with a dinner, to DUI and intoxication with a weapon. The question was asking of the normal BA level limits. lol

[daddyo]

how did this discussion go from the question of having a glass of wine or 1 beer with a dinner, to DUI and intoxication with a weapon. The question was asking of the normal BA level limits. lol

As long as I've been here, just about every single thread has taken several different turns from the original topic, just like normal conversations do.

[Fallguy]

how did this discussion go from the question of having a glass of wine or 1 beer with a dinner, to DUI and intoxication with a weapon. The question was asking of the normal BA level limits. lol

Maybe because the orginal question had...."and have your firearm in the car while you are driving back home "

[93civEJ1]

Maybe because the orginal question had...."and have your firearm in the car while you are driving back home "

yes, but I didnt say intoxicated, or drunk.

I just mentioned having 1 drink...below the limit. haha it turned into being intoxicated / drunk / drivking and driving, DUI, etc.