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Old 10-31-2014, 05:57 PM
 
896 posts, read 696,539 times
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I realize there are state and local laws etc. but I couldn't find anything answering this question. In my state, the open carry laws follow the DUI laws. You can carry in bars, you can drink but if you blow enough to get a DUI, it's illegal to carry.

So, my question is this. Let's say you are carrying and go to a buddies house and one thing leads to another and before you know it you are drinking. It wasn't planned when you left the house but here you are.



I'm thinking you would put the gun in your vehicle at that point. At least I would. On the way home, you get pulled over. Let's say you are ticketed for DUI and and the gun is in the glove box etc.

How is that treated?


I guess what I am saying is this. Is having a gun in the vehicle the same as carrying? How should you handle it?
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Old 10-31-2014, 10:17 PM
 
Location: Texas Hill Country
8,853 posts, read 4,823,610 times
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Hard to say what a prosecutor might do. Differs between prosecutors, counties, states.

That said, let me present you my personal philosophy on these matters. In matters where I have been specially trained (trained more than the common man), I view such that if I am ever brought up in court, I will be judged more harshly. Therefore, I must take more preparation, exercise more limits than what the common man does.

Hence, it is 8 hours between drinking and driving but it is 12 hours between drinking and carrying weapons.

As far as the scenario goes, it would not be a "before you know it" because I do not drink outside the house, PERIOD! And if someone spiked my coke with rum? I would be PI**ED and to who did that or to who allowed that to happen, that friendship would be on very rocky ground in that moment.......if not over.

As to what happens to the gun after that.........as the phrase might go, "That's a matter of internal security and is not open for discussion.".
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Old 10-31-2014, 10:42 PM
 
Location: Spots Wyoming
18,696 posts, read 35,410,165 times
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You need to look up the laws in your state, and if nothing else, call the Sheriffs Department (highest law enforcement over all others) and ask.

In some states, a gun accessible to the driver, and out of sight, I.e./ glovebox, under seat, in console, is considered concealed. In some states, law enforcement cannot search the glovebox without a warrant because your auto is an extension of your home.

I live in Wyoming where the is no permit required, you can carry concealed. I also have a permit so that I am legal in a lot of states. I am very careful about alcohol and guns. Out pheasant hunting and after shotguns are racked at the end of the day, we often crack open a twelve pack. AFTER, and never before the guns are unloaded and racked. I do not carry if I am going to a function where I know alcohol will be served. If I do carry and alcohol is unexpected brought out, I take my carry weapon out to my vehicle and lock it up. I have lock boxes that make it so they weapon is not accessible to the driver.

Do this, lock it in the trunk, or buy an inexpensive lock box that is a digital combination and bolt it to the floor. Be careful, some states require the ammo to be separated from the weapon, even if it is locked. I can't stress enough to check local laws. When it comes to firearms, it seldom is a misdemeanor, but rather a felony and then you'll never have a firearm again. Why take chances?
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Old 10-31-2014, 11:17 PM
 
Location: Tyler, TX
15,194 posts, read 17,683,182 times
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I don't drink, except maybe two or three times a year I'll have a single mixed drink while gambling. If I think there's any chance I might decide to have a drink, I don't bring a gun. I don't generally have to worry about it, though.

As for the laws here, there's no problem legally with carrying in a bar or while drinking. I've read online (not from official sources) that the limit for carrying is higher than for driving, but since I don't drink, I've never bothered to research it.

As for the laws where you are, you're going to have to research it yourself or consult an attorney if you want a rock solid answer to your question. These laws vary from state to county to city to township. All over the country, it's a patchwork of laws that a carrier has to know beforehand, or risk facing insane "mandatory minimum" jail sentences. I don't travel much, but when I do and I'm deciding whether or not to bring a carry gun, I always check the laws of at least the state, if not the city that I'll be visiting to see if there's too much legal risk.
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Old 11-01-2014, 05:41 PM
 
Location: Ohio
13,951 posts, read 10,310,168 times
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Quote:
Originally Posted by iowa4430 View Post
I realize there are state and local laws etc. but I couldn't find anything answering this question. In my state, the open carry laws follow the DUI laws. You can carry in bars, you can drink but if you blow enough to get a DUI, it's illegal to carry.

So, my question is this. Let's say you are carrying and go to a buddies house and one thing leads to another and before you know it you are drinking. It wasn't planned when you left the house but here you are.



I'm thinking you would put the gun in your vehicle at that point. At least I would. On the way home, you get pulled over. Let's say you are ticketed for DUI and and the gun is in the glove box etc.

How is that treated?


I guess what I am saying is this. Is having a gun in the vehicle the same as carrying? How should you handle it?

My question is, why take the risk at all? You must have some form of self-control, correct? Just make it a rule that if you are carrying, there's to be no drinking,and any freind who gives you guff over that isn't much of a freind.....

Who am I to preach to you about this though, as I have been in the exact situation you are inquiring about......

When I was in the situation, I did what you are describing. I just went out and put it in the center consiole. In my state, you are required to inform LE that you are carrying if pulled over, and they know if you have a carry permit even before they get to your vehicle. HOWEVER, if you don't have the firearm on your person, i.e. carrying it, you don't have to inform. So, since the firearm would be in the center console and not on my person, I'd just tell the cop I had a carry permit but wasn't packing and leave it at that. The best thing to do would be to unload it, put the ammo in your glove compartment, put the firearm in the trunk, and you should be good to go in any case.
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Old 11-01-2014, 06:41 PM
 
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How about common sense? You do not drink and drive. Do you hang around the house with a holster on your hip?
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Old 11-03-2014, 01:13 PM
 
7,282 posts, read 8,380,090 times
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Quote:
Originally Posted by Threestep View Post
How about common sense? You do not drink and drive. Do you hang around the house with a holster on your hip?
Uh oh, believe it or not, that is a rather contentious topic around here as apparently some people do and even entertain family children while carrying, yes, in the house. That though is another story.

You are absolutely correct though and it shouldn't even be a question of what the law says you can or can't do. If you drink, you should not carry a firearm while under the influence. One drink is influence as are many medications.

If it even becomes a concern, then you probably shouldn't be doing it.

The laws are not there to protect those who drink this morning and carry in the early afternoon, or drink at a bar and then leave the bar with a gun in their possession if something goes wrong between bar door and car door.
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Old 11-03-2014, 02:24 PM
 
3,252 posts, read 6,059,372 times
Reputation: 1588
Quote:
Originally Posted by ElkHunter View Post
You need to look up the laws in your state, and if nothing else, call the Sheriffs Department (highest law enforcement over all others) and ask.

In some states, a gun accessible to the driver, and out of sight, I.e./ glovebox, under seat, in console, is considered concealed. In some states, law enforcement cannot search the glovebox without a warrant because your auto is an extension of your home.

I live in Wyoming where the is no permit required, you can carry concealed. I also have a permit so that I am legal in a lot of states. I am very careful about alcohol and guns. Out pheasant hunting and after shotguns are racked at the end of the day, we often crack open a twelve pack. AFTER, and never before the guns are unloaded and racked. I do not carry if I am going to a function where I know alcohol will be served. If I do carry and alcohol is unexpected brought out, I take my carry weapon out to my vehicle and lock it up. I have lock boxes that make it so they weapon is not accessible to the driver.

Do this, lock it in the trunk, or buy an inexpensive lock box that is a digital combination and bolt it to the floor. Be careful, some states require the ammo to be separated from the weapon, even if it is locked. I can't stress enough to check local laws. When it comes to firearms, it seldom is a misdemeanor, but rather a felony and then you'll never have a firearm again. Why take chances?
You cross state lines with a handgun? See what the BATF says about that. It isn't called the Bureau of Alcohol, Tobacco and Firearms for a random reason. Those three are federal crimes. I tried to take a class-3 firearm to MA from NH about a decade ago, and I basically gave up.
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Old 11-03-2014, 03:28 PM
 
Location: Spots Wyoming
18,696 posts, read 35,410,165 times
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Quote:
Originally Posted by SuperSparkle928 View Post
You cross state lines with a handgun? See what the BATF says about that. It isn't called the Bureau of Alcohol, Tobacco and Firearms for a random reason. Those three are federal crimes. I tried to take a class-3 firearm to MA from NH about a decade ago, and I basically gave up.
I have crossed many state lines with loaded handgun, concealed. Perfectly legal if you stay out of New England. Every state connected to my state, except Colorado, has reciprocacy with state and honors my permit.
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Old 11-03-2014, 04:58 PM
 
3,252 posts, read 6,059,372 times
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Quote:
Originally Posted by ElkHunter View Post
I have crossed many state lines with loaded handgun, concealed. Perfectly legal if you stay out of New England. Every state connected to my state, except Colorado, has reciprocacy with state and honors my permit.
Last time I checked, neither California, Hawaii, New Jersey, New York, Washington DC and Canada, Mexico and US residents returning to the states, are necessarily in New England ;-) Since there is only one 'four corners' in the US. that is only 8% of the states. So statistically, you statement is irrelevant.
Come on over to the far east, and pick up and own AK's and MP5's and M60's for pennies on the dollar. No permit nor any license needed. (though they prefer if you carry it concealed).

(and it is spelled reciprocity)

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