procedure if drinking occurs

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TCU

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This is the scenario. You and your wife go to a restauraunt and you take your weapon. While there you decide you want to drink some beer. On the way home she drives since you have been drinking. With that weapon in the car, is it illegal if you were to put the ammo in the glove box and the weapon out of reach like a trunk. Could you face any criminal charges for doing so. Im not looking for an answer like well if you plan to drink dont bring it, which i always consider. This is decided post carry.
 
It all depends on your state. Here in PA you proceed with your plans and don't worry about it.

In some states you couldn't even go in the restaurant if they served alcohol. In others, you'd have to take it out to the car and secure it if you were going to have a beer.

In others yet, it would depend on your level of intoxication.

I'll have to look at your state's laws to see if it is specified.
 
I hope you mean putting your gun in the car before you order that beer.

Edit: some states allow you to carry with alcohol in your system, but it's like driving, .08% or something.
I have a car safe I put my weapon in, if I decided to have a beer with my meal.
 
ya i live in NC. I cant carry in a restaurant the serves alcohol. So yes i would secure it before i went into a restaurant.
 
oh i know that sam, i leave it in the car whenever i go in. Im asking if i left it in my car and then when i was going back home, what would be the legality of having the weapon in my vehicle.
 
Looks like having any alcohol in your system makes it illegal to "carry" a firearm:

§ 14‑415.11. Permit to carry concealed handgun; scope of permit.
...
(c) A permit does not authorize a person ...<SNIP> ... It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in his body any alcohol or in his blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in his blood was lawfully obtained and taken in therapeutically appropriate amounts.
Click to expand...

Now to see what constitutes "carry"...
 
Well, getting closer to an answer...

§ 14‑415.10. Definitions.

The following definitions apply to this Article:

(1) Carry a concealed handgun. – The term includes possession of a concealed handgun.
Click to expand...

So you can't possess it while you have any alcohol in your system. Hmmm... (And as an aside... YIKES! :eek:)

My law sleuthing abilities seem to run out there. If instead of a gun we were discussing drugs, and they were in the trunk of your car, you'd certainly be "in possession." But here, I'm not sure. Someone more familiar with NC law would have to tell us if you are "in possession" of a firearm that is locked in your trunk.
 
ya me either, the question never came across in my classes or by any law i have read. That is what made me curious because im sure it happens all the time.
 
robmkivseries70 said:
In Missouri, according to my CCW permit instructor it's Zero Tolerance. :eek: As it should be BTW.
Best,
Rob
Click to expand...
Missouri changed that law in August of last year (2010)
(see bottom/last posted sub-paragraph/article)

http://www.moga.mo.gov/statutes/c500-599/5710000030.htm

Missouri Revised Statutes

[SIZE=+2]Chapter 571
Weapons Offenses
Section 571.030
[/SIZE]
[SIZE=-1]August 28, 2010[/SIZE]
rd_bar.gif

[SIZE=+1]Unlawful use of weapons--exceptions--penalties. [/SIZE]

571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:
(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or
(2) Sets a spring gun; or
(3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle as defined in section 302.010, or any building or structure used for the assembling of people; or
(4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or (5) Has a firearm or projectile weapon readily capable of lethal use on his or her person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or projectile weapon unless acting in self-defense
 
robmkivseries70 said:
In Missouri, according to my CCW permit instructor it's Zero Tolerance. As it should be BTW.
Best,
Rob
Click to expand...

Glad to know that you support government regulating away the ability of private citizens to make personal choices. Makes you feel all warm and fuzzy inside knowing the government is there to protect you, right?

In Washington there is no law regarding consuming alcohol and carrying a fiream. You can also carry in a restaurant that serves alcohol. The government has left the private citizen unregulated to make their own private choices, as it should be. And it's amazing, there is no blood running in the streets from drunks with guns. Maybe that's because of the strict training requirements we have for our CPL. Oh, wait... no training is required for our CPL.

It is prohibited in Washington to carry a firearm in a place off limits to those <21 due to liquor license.

To the OP,
Yes, we'll have to figure out if unloaded, locked in the trunk is considered to be carrying a concealed firearm.

I don't see anything in NC statutes regarding vehicle transportation. All there is, that I can find is:
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-269.html

Which states carrying a concealed firearm on or about the person. Unloaded and locked in the trunk is not on or about the person. There is no need to separate the ammo from the gun. Maybe I am missing something, but I don't even see a requirement to unload the gun.
 
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(5) Has a firearm or projectile weapon readily capable of lethal use on his or her person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or projectile weapon unless acting in self-defense
Click to expand...

Now there's a law that at least half-way makes sense. Kind of absurd to say "It's EXTRA illegal to do these ALREADY illegal things if you've been drinking," but if you've gotta have a law, at least that one is not unnecessarily harmful.
 
Glad to know that you support government regulating away the ability of private citizens to make personal choices. Makes you feel all warm and fuzzy inside knowing the government is there to protect you, right?
Click to expand...
Er...yes, well no. But I'm kind of hoping against hope that we can answer the legality question without beating the well-worn path of the CCW -vs.- teetotaling debate AGAIN.
 
Has nothing to do with having alcohol in your blood, but HB111 passed the NC House allowing concealed carry in parks and restaurants serving alcohol on Mar. 30, 2011. I don't know where it stands in the Senate, but as far as I know it hasn't gotten to the governor's desk.
 
Not recommended, but Open carry in VA should you have a drink. That being said, basic fundemental no-no, no drinking with firearms present-
 
The procedure here is quite simple since there aren't any laws that get in the way of carrying into a tavern, liquor store, or restaurant that serves. You can even feel free to enjoy an adult beverage while carrying concealed or open. Not all that bad eh? Therefore, I suppose the procedure is of your own making; stay within the law and you can make your own rules.
 
NC resident here

As I understand our current law (not going to address any pending changes) we cannot carry concealed while under the influence of alcohol or inside any business that serves alcohol. 'Carry' in this context includes having the weapon "concealed on or about your person". In NC the entire passenger compartment is considered 'about your person' unless the weapon is locked away (? correct me if I am wrong here pls).

This link is to a brief prepared by the NC Dept of Justice outlining our state carry laws:
http://www.ncdoj.gov/Files/About-DOJ/Law-Enforcement-Liaison/2007-NC-Firearms-gun-Laws.aspx
 
deleted, was reading what someone quoted for Missouri.


Every state is different.


In places that don't allow any carrying in places that serve alcohol it would seem patrons leaving such establishments would be the safest to target for robberies.
 
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The thing about NC is that you're not allowed to carry concealed with any alcohol in your system, but you have to remember that open carry in NC is legal. Thus, in a situation where you had one beer but you're under the limit for driving, you can drive home with the gun out on the passenger seat (not concealed) and be perfectly fine. On the other hand, you can always just put it in the trunk (loaded or unloaded) and be done with it.
 
I think we're getting crossed states here - TCU is in NC and there's no wiggle room for that here AFAIK. BAL>0% = No Carry.
 
Zoogster said:
The quoted law would seem to imply it is legal to carry while drinking as long as you do not handle the firearm.
Click to expand...

Ummm.... the quoted statute for North Carolina was this:
"§ 14‑415.11. Permit to carry concealed handgun; scope of permit.
...
(c) A permit does not authorize a person ...<SNIP> ... It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in his body any alcohol or in his blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in his blood was lawfully obtained and taken in therapeutically appropriate amounts."

Your interpretation does not seem to fit the NC statute quoted.

However, open carry is A-OK.
 
Bozwell said:
NC is one of the few states where we can open carry legally.
Click to expand...

Ummmm..... 42 states currently allow open carry. Not exactly a few.

The only states that don't are:
DC
NY
IL
SC
TX
OK
AR
FL
 
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