Handgun in Vehicle, while having a drink at dinner?

[Erik88]

In some states it is not illegal to consume while armed...for off-duty LEOs or permit holders.

In TN it against the law for LEOs to be "under the influence" while armed.

Florida is one of those states. It's illegal here to sit at the "bar" of a restaurant even if you don't drink. However I could go sit in the dining room and drink while armed.....very strange laws here regarding that.

[TLRMADE]

Can the gun be separated and unloaded and be ok to have a few drinks? I've heard many say yes before? Or is the term handgun mean loaded or unloaded?

[Fallguy]

Can the gun be separated and unloaded and be ok to have a few drinks? I've heard many say yes before? Or is the term handgun mean loaded or unloaded?

I wouldn't have it on my person period, regardless of loaded/unloaded, broken down or not...and be consuming.

[TLRMADE]

I wouldn't have it on my person period, regardless of loaded/unloaded, broken down or not...and be consuming.

What does the term handgun mean though? Loaded? Unloaded?

[Oh Shoot]

What does the term handgun mean though? Loaded? Unloaded?

39-11-106:

"Handgun" means any firearm with a barrel length of less than twelve inches (12'') that is designed, made or adapted to be fired with one (1) hand;

Technical definition in 39-17-1301

"Unloaded" means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon.

Defense to illegal possession in 39-17-1308:

"...an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;"

[DaveTN]

Can the gun be separated and unloaded and be ok to have a few drinks? I've heard many say yes before? Or is the term handgun mean loaded or unloaded?

After “a few†drinks your BAC will be over .08 and you will lose your carry privileges when you are convicted of DUI whether it’s in the truck or at home in the safe.

[Guest monkeylove]

Fallguy

If you don't hand over your HCP or volunteer you're armed, how is the LEO going to know unless he asks?

Because you have this on the back of your car:

Personally I think we all know the core issue here is people can't hold their liquor - and that's a crying shame. Otherwise, how can you count for the disparity of Florida and TN laws; people form their opinions based on what they think is write, based on the law, "I would do this" and "I would do that" and "I never do this" and then cite how/why it's responsible as if it's morally justified. In reality it's just a response to the law at hand.

Because you know, the real killers out there have LCPs and carry permits, drive VW Passats, and stop in to T-G-I-McFuddydutties for a couple Squashed Strawberry Alleycats on their way home. I'm shaking in my boots at the thought of it.

[tnhawk]

First let me say I am not condoning mixing alcohol and firearms, but just to add…

If you don't hand over your HCP or volunteer you're armed, how is the LEO going to know unless he ask...

As the HCP and Drivers License have the same number, he is going to ask. I'm not willing to assume the risk.

[Fallguy]

As the HCP and Drivers License have the same number, he is going to ask. I'm not willing to assume the risk.

I can say for a fact that is not the case 100% of the time.

I was stopped a few months ago. I was on the motorcycle so I was already "out of the vehicle" so to speak. As I was pulling over I was thinking of whether I was going to inform or not. I had thought about how many times on here I've said not to (at least in some situations) so I decided not to. He took my DL and went back to his car...from the amount of time I assumed he ran it, but don't know for sure, but regardless he came back gave my DL and my ticket (dismissed in court) and never said anything about firearms or a HCP.

[Makiaveli]

I can say for a fact that is not the case 100% of the time.

I was stopped a few months ago. I was on the motorcycle so I was already "out of the vehicle" so to speak. As I was pulling over I was thinking of whether I was going to inform or not. I had thought about how many times on here I've said not to (at least in some situations) so I decided not to. He took my DL and went back to his car...from the amount of time I assumed he ran it, but don't know for sure, but regardless he came back gave my DL and my ticket (dismissed in court) and never said anything about firearms or a HCP.

I think some of it may depend on which agency pulls you over. So the information that just pops up could be different. I do believe any officer in TN would be able to get the information. By having dispatch run the info if nothing else.

[Fallguy]

I think some of it may depend on which agency pulls you over. So the information that just pops up could be different. I do believe any officer in TN would be able to get the information. By having dispatch run the info if nothing else.

Different agencies don't get different info, but they may have different protocols on what info they check for in certain situations. But every agency I've ever heard on the scanner and when I dispatched, gave Handgun Carry Permit status to the officer when he ran a DL whether they asked for it or not.

So the LEO may or may not have run my DL, but odds are he did...and more than likely was told I had a valid permit.

[Guest tchristian]

Back to the op's question regarding seperating the gun and the ammo before a drink or two,I believe you are in the clear to have a weapon in the car that is unloaded, seperated from the ammo, and none of the above is readily accessible to the driver. The issue here is "possession". As far as the law is concerned, an individual is not in "possession" of a firearm that is being transported in the above described manner. This is assuming of course that you are not a felon or have been convicted of a domestic assault. To cya, i would definitely not leave it loaded in a locked glove box. Under the tn code pertaining to the the broader unlawful weapon possession(39-17-1307), the law states that a person commits the offense of unlawful possession when they "intend to go armed", and in 1308 it is stated that it is a defense to the application of this charge if the weapon is not concealed on or about the person and the ammo is not in the immediate vicinity. I am not aware of any case law that pertains to this specific scenario, and I do not know any officers that have charged an individual with this statue, ccw or not, while the driver was not too intoxicated to drive and was legally transporting (not possessing) a weapon. In Todd Curry's case, I believe the firearm was reported to be loaded. There are cases currently being tried regarding the wording of "under the influence", and whether the dui standard of .08 applies or if a person is "under the influence" after just one tasty,cold, frothy, adult beverage. If case law is established that .08 is the standard, it would be difficult for an officer to make his case for a non-driving suspect as there is no law that would compel an individual violating this statute to submit to a breath or blood alcohol test. If the suspect was dui, then implied consent laws would come into play. Hope this helps.