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Old August 15, 2011, 01:39 PM   #26
Vanya
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Locked boxes inside the car are a good idea. The problem with putting your gun in the trunk after you get to the bar is who may see you do it; thieves are smart enough to figure out that anything you're putting in the trunk, or under the seat if they can see you do it, is probably worth stealing. Discretion is good.
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Old August 15, 2011, 05:07 PM   #27
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As of September, Ohio allows carry in "class D" liquor establishments - ie bars& restaurants, provided that carrier is not drinking.

BAC literally cannot even be .01, legal limit to drive is .08.

But I would think that, if you unload, encase, and perhaps have someone else drive, you might be legally fine. Bill DeShivs got it.

But IMO, you are better off sipping a Shirley Temple and inviting the buddies back to the homestead for brewskis.
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Old August 16, 2011, 08:24 AM   #28
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You must differentiate transport from carry.

Buy two of these cases and you have no problem,,,
With ammunition in one and the empty firearm in the other,,,
You are transporting a gun instead of actively carrying a handgun.

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Old August 16, 2011, 11:26 AM   #29
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Quote:
Wag

Let me get this straight: You're going to drink, then get in your car and drive.
And this is planned.
I don't get it. ???
If person consumes a beverage which contains alcohol, that does not mean that the person is either impaired or illegal to drive a vehicle.
Personally, my solution is to avoid consuming any alcohol when I go out.

aarondhgraham's suggestion on those lockable containers is good. I have one in each of my vehicles for when I go to the post office or government buildings where carrying is prohibited.
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Old August 16, 2011, 11:38 AM   #30
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Quote:
Let me get this straight: You're going to drink, then get in your car and drive.
How else am I gonna get home from the bar?
Taxi's don't run to where I live,,,
It's a very long walk as well.

Geez Louise people,,,
Bars exist, people imbibe, life goes on.

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Old August 16, 2011, 05:13 PM   #31
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Quote:
My wife and I have a deal (coin flip) whom ever is carrying is the designated driver when we go out to dinner or drinks.
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Old August 17, 2011, 07:42 AM   #32
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Quote:
whom ever is carrying
Where do you guys find these wives and where can I get one? Do we need an FFL to transfer those?

I've been trying to find a statute for you, but TN gun law is a mess.
I'm not even sure if your legal to carry in a restaurant that doesn't serve alcohol
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Old August 17, 2011, 08:02 AM   #33
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Blanket statements make me laugh.

I don't agree completely that guns and alcohol don't mix.

I know many people who I would trust to be my bodyguard completely drunk, retaining full awareness and exceptional decision making ability. I also know people who stone cold sober scare the crap out of me when they just mention they own a gun.

The blanket statement isn't correct for everyone, it is for me, but not everyone. I am intelligent enough to know my own limitations and know I am unable to maintain when soused. No guns with alcohol for me.

You see we as Americans have the right to be adults, at least we used to. But supporting any freeking rule which takes the rights of people to be stupid is stupid.
A responsible adult is exactly that. Why judge a man as if he is dangerous before he is given the chance to prove his intelligence?
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Old August 17, 2011, 11:01 AM   #34
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If you are too impaired to be trusted carrying a wepon, you are too impaired to drive.
I think that if you have a loaded gun in your vehicle if you got arrested for DUI your defense would definitely be hurt.
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Old August 17, 2011, 01:48 PM   #35
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One of the reasons I read many threads is that it sheds light on my preconceived notions.

Then, when I post something based on those notions, I soon get a quick education on it.

Reading through this particular thread reveals that my opinion about guns and alcohol isn't universally applicable and is based on a fear that probably originates in my distant past.

Personally, I wouldn't carry and drink and wouldn't drive and drink. Getting behind the wheel with even one beer is simply anathema to me, regardless of the legality of it (intoxication threshold being what it is).

Nevertheless, my beliefs are not universally applicable, something which I already know, of course, but obviously, some of the things I've held to for a lifetime still come out and bite me in the gluteous maximus.

As always, thanks for the education, folks.

--Wag--
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Old August 19, 2011, 11:19 AM   #36
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to the responders: a lot of prudes throwing out offhand statements. There's nothing wrong with a drink or two after work, with friends, etc. Nothing to stop a legal person from carrying a concealed firearm or having one in the car either, as long as one is being responsible.

To the OP and original question: I think some of the people got it right in the responses. You're best bet in a situation like that is unload and lock up your gun in the trunk for the ride home. That's legal transportation of a firearm and in case something unexpected happens on the way home, you can't be hit with a gun charge even in the most "liberal" of states.
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Old August 19, 2011, 11:55 AM   #37
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If the wife and I go out and plan to drink, the guns stay home. If we drink, it's no more than two each, and we stay out for a couple of hours at least.

The risk of an incident with alcohol, driving and a gun is higher and more likely than an incident requiring a gun.

That's just our personal risk management strategy.
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Old August 19, 2011, 06:50 PM   #38
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Quote:
to the responders: a lot of prudes throwing out offhand statements
We've been conditioned as a society to shriek and wail at the idea of drinking and driving. The term pre-supposes intoxication of the classic kind and if a person doesn't demonize it, that person must be an offender himself

And yet, every bar has a parking lot. Life's a funny thing
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Old August 23, 2011, 02:23 PM   #39
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Quote:
I would never impair myself with alcohol in a manner that affects my ability to make responsible decisions.
You have done what you stated you WOULD NOT do in making a irresponsible decision. Drinking and then getting behind the wheel and driving.
Duh-Huh!!!!!!!!!
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Old August 23, 2011, 07:00 PM   #40
tony pasley
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In most states posesion of a firearm with any acohol in your system is illegal.
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Old August 23, 2011, 07:28 PM   #41
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You have done what you stated you WOULD NOT do in making a irresponsible decision. Drinking and then getting behind the wheel and driving.
Duh-Huh!!!!!!!!!
Kind of a gray area here. The law says differently, however, moral compasses in any reasonable person will argue that drinking and driving is wrong. Then we get into how much alcohol impairs a person. A teaspoon? A gallon? Something in between? Then we discuss how the law approaches impaired driving, and we get right back into the fact that the law doesn't say that 'any' amount of drinking and driving is illegal, it sets a measurable limit to determine impairment. Right or wrong, this is what they do

So what I'm saying here is that while you may feel that 'any' amount of drinking and then driving is wrong, the law has a slightly different view; they don't care until you pass a certain limit, be it a field test, BAC, etc. Also, as a corollary, the law on drinking and driving is not to my understanding a model for laws about drinking and carrying a handgun

Just some things to consider.
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Old August 23, 2011, 08:38 PM   #42
Don H
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Quote:
Originally Posted by Chris_B
Also, as a corollary, the law on drinking and driving is not to my understanding a model for laws about drinking and carrying a handgun
It sorta is here in Utah. The weapons/alcohol law directly references the driving under the influence law to set the alcohol limit:
Quote:
76-10-528. Carrying a dangerous weapon while under influence of alcohol or drugs unlawful.
(1) Any person who carries a dangerous weapon while under the influence of alcohol or a controlled substance as defined in Section 58-37-2 is guilty of a class B misdemeanor. Under the influence means the same level of influence or blood or breath alcohol concentration as provided in Subsections 41-6a-502(1)(a) through(c).
(2) It is not a defense to prosecution under this section that the person:
(a) is licensed in the pursuit of wildlife of any kind; or
(b) has a valid permit to carry a concealed firearm.
Quote:
41-6a-502. Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration -- Reporting of convictions.
(1) A person may not operate or be in actual physical control of a vehicle within this state if the person:
(a) has sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
(b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or
(c) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.
(2) Alcohol concentration in the blood shall be based upon grams of alcohol per 100 milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol per 210 liters of breath.
(3) A violation of this section includes a violation under a local ordinance similar to this section adopted in compliance with Section 41-6a-510.
(4) Beginning on July 1, 2012, a court shall, monthly, send to the Division of Occupational and Professional Licensing, created in Section 58-1-103, a report containing the name, case number, and, if known, the date of birth of each person convicted during the preceding month of a violation of this section for whom there is evidence that the person was driving under the influence, in whole or in part, of a prescribed controlled substance.
Note that blood or breath alcohol level is not the sole criteria for determining whether one is carrying while under the influence.
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Old March 24, 2012, 12:14 PM   #43
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Drinking and Carrying

I called my local state police for the answer and although he said that everything is case dependent he also did mention that you could be charged with negligence use of a fire arm. In the state of New Mexico it is part of the negligence use law if you were to be out having beer and were to get pulled over with the gun in your vehicle.
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Old March 24, 2012, 01:22 PM   #44
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Where in his op did he say he was going to get drunk? He said have a drink. I dunno about you, but I can usually have a beer or two, maybe even three without being intoxicated. Will it register on a brethalyzer? Sure. Would I be drunk? No.

Op, look into your states laws regarding the legal limit of intoxication while carrying. In Minnesota the limit is .04.
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Old March 27, 2012, 07:01 AM   #45
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+1 to Vanya's comments.

It is never wise to park, open the trunk, place any object in the trunk, close the trunk and walk away. This is an open invitation to thieves to steal whatever you thought was valuable enough to protect in the trunk.

Recommended behavior is: Stop before the final stop (out of sight from the final stop). Place gun in trunk. Drive the last bit and park.

No amount of "watching" the car will keep it safe. You don't watch the car when drinking or dining with friends, you watch the friends and maybe occasionally glance at the car.

Nobody wants to have a gun stolen from their car.
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Old March 27, 2012, 10:05 AM   #46
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Quote:
Originally Posted by Nashville
I think that the general consensus is that I should unload the firearm and store it in the trunk. Thanks for the advice!
That's certainly a "safe harbor" approach but, IMHO, the real answer lies in the state law rather than on an Internet forum.

You have stated that you don't drink to excess, so the real question boils down to the way your state law is worded. If it says you can't carry a firearm while "under the influence" then you are subject to the same blood-alcohol limit that applies for driving. If the statute is worded more generally, then perhaps any carry after having even one drink is prohibited ... but I doubt this is the case, because then the question becomes, "For how long after?" One hour? Two hours? Four? Eight?
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Old March 27, 2012, 11:42 AM   #47
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This thread petered out 7 months ago, before being resurrected for no good reason.
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