|
Forum Rules | Firearms Safety | Firearms Photos | Links | Library | Lost Password | Email Changes |
Register | FAQ | Calendar | Today's Posts | Search |
|
Thread Tools | Search this Thread |
August 12, 2011, 05:01 PM | #1 |
Junior Member
Join Date: August 12, 2011
Location: Tennessee
Posts: 5
|
Leaving firearm in car while drinking? Illegal?
I live in Tennessee, where it is legal to carry in an establishment that serves alcohol, as long as you are not drinking. My question is this: If I want to have a beer with friends after work, and I leave my firearm in the car, is it legal to drive home with that weapon in the vehicle, having drank alcohol?
Let me also say that I do not need replies telling me about the irresponsibility of drinking while carrying a weapon, I am just asking about the legality of this scenario. I would never impair myself with alcohol in a manner that affects my ability to make responsible decisions. Thoughts? |
August 12, 2011, 05:05 PM | #2 |
Member in memoriam
Join Date: April 9, 2009
Location: Blue River Wisconsin, in
Posts: 3,144
|
No legal advice from me but common sense says that if it is unloaded and locked up where it is inaccessible to the driver you should be good to go. Just don't get caught up in an accident or traffic stop where your alcohol use could constitute grounds for a search of your vehicle.
__________________
Good intentions will always be pleaded for any assumption of power. The Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern will, but they mean to govern. They promise to be good masters, but they mean to be masters. --Daniel Webster-- |
August 12, 2011, 05:51 PM | #3 |
Senior Member
Join Date: April 4, 1999
Location: New Mexico
Posts: 1,889
|
The state police and/or licensing agency are better places to ask the question if you want accurate answers.
Jerry
__________________
Ecclesiastes 12:13 ¶Let us hear the conclusion of the whole matter: Fear God, and keep his commandments: for this is the whole duty of man. 14 For God shall bring every work into judgment, with every secret thing, whether it be good, or whether it be evil. |
August 12, 2011, 11:36 PM | #4 |
Senior Member
Join Date: November 23, 2009
Posts: 3,963
|
One thing you do have to consider is leaving a weapon unattended in your vehicle could result in another stolen weapon in the hands of a criminal.
Don't drink while you are carrying, and don't leave your weapon unattended. |
August 12, 2011, 11:48 PM | #5 |
Senior Member
Join Date: April 7, 2006
Posts: 10,985
|
Unload, place ammunition in drivers compartment, and place the unloaded gun in the trunk. You are no longer "carrying," you are transporting.
Bill in Tenn. |
August 13, 2011, 12:29 AM | #6 |
Senior Member
Join Date: February 13, 2009
Location: NJ
Posts: 1,254
|
A more important question is should you be driving. If you've had to many to carry a firearm, you shouldn't be driving.
But if you keep it in the trunk for example, and don't touch it, can't see a problem. There are some people who wouldn't, and therefore shouldn't, if you catch my drift. I guess it comes down to self restraint. Too many people think they have drinking under control until they get into an accident of some sort. I'd recommend not having drinks if you have a gun accessible. I'd rather not read about someone getting hurt/hurting someone from making a bad drinking choice. |
August 13, 2011, 05:49 AM | #7 |
Senior Member
Join Date: April 12, 2006
Location: NKY
Posts: 12,463
|
I don't know that it's illegal but I think leaving a gun in your car when out drinking is just a bad idea. If you know you'll be drinking, leave the gun at home.
__________________
"He who laughs last, laughs dead." Homer Simpson |
August 13, 2011, 05:57 AM | #8 |
Junior member
Join Date: May 23, 2011
Posts: 216
|
Booze & guns just don't mix be responsible don't drink and drive don't drink and carry a firearm! Down here to many idiots keep guns in there cars get into a fight at a bar then come back and shoot someone.
Mace |
August 13, 2011, 08:21 AM | #9 |
Senior Member
Join Date: December 21, 2009
Location: NJ
Posts: 727
|
Well I would say that if you are still good to drive then I think you would be safe to carry. I wonder what the laws are against CWI (carrying while intoxicated).
|
August 13, 2011, 08:43 AM | #10 |
Senior Member
Join Date: December 6, 1999
Location: Richmond, Virginia USA
Posts: 6,004
|
There is so much in this thread I disagree with.
"If you've had to many to carry a firearm, you shouldn't be driving." In Virginia you can't imbibe and carry a firearm, but you can drink and drive within the limits of the law. According to the chart published by the Virginia State Police, at 200 pounds I can have 4 drinks in 2 hours and still be legal to drive with a blood alcohol level of less than .08. The guns aren't in the passenger compartment. As far as stopping for a beer or having two glasses of wine with dinner on the way home from work or anyway else, there's nothing wrong with locking a gun up in the car. Or a chainsaw or anything else you own. I always try to park where I can keep an eye on my car, even if it's empty. Ever drive back from the range and stop for a beer or dinner? Why not? Ever drive back from hunting camp and stop for a meal and a drink? If you did you left a firearm in the car. It's no different than having a handgun or two with you. Heck, does anyone take their rifles and shotguns into the restaurant? I think a number of folks need to rethink their position on this. My father was a VA State Trooper and his cousin was the county sheriff for 27 years, so I was raised to respect firearms and the law in general. |
August 13, 2011, 10:28 AM | #11 |
Senior Member
Join Date: October 22, 2010
Location: Albuquerque, NM
Posts: 988
|
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. ??? --Wag--
__________________
"Great genius will always encounter fierce opposition from mediocre minds." --Albert Einstein. |
August 13, 2011, 10:32 AM | #12 |
Member
Join Date: December 6, 2009
Location: NE Kansas
Posts: 74
|
d&d
I second all of the above, if you have a CDL that is double jeopardy!!
|
August 13, 2011, 10:41 AM | #13 |
Senior Member
Join Date: November 14, 2010
Location: Northern Virginia
Posts: 1,824
|
Just a little off topic, 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.
__________________
Chief stall mucker and grain chef Country don't mean dumb. Steven King. The Stand |
August 13, 2011, 10:50 AM | #14 | |
Senior Member
Join Date: May 8, 2000
Location: SLC,Utah
Posts: 2,704
|
Quote:
|
|
August 13, 2011, 12:19 PM | #15 |
Senior Member
Join Date: December 6, 1999
Location: Richmond, Virginia USA
Posts: 6,004
|
"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. ???" ___________________ What part don't you understand? It is common knowledge that it is a legal activity. That's why states set BAC limits such as .08, because drinking and driving is NOT a zero tolerance activity. As I stated, at my weight I can drink 3 and maybe 4 drinks in two hours and be legal. Four is pushing it according to the chart, but I can't recall the last time I had four beers or drinks. http://www.tkevinwilsonlawyer.com/li...ion-charts.cfm Here's my recent driving record: speeding ticket in 1986 and speeding ticket in 2011. Both of them radar traps on deserted highways. I do drive fast, so I didn't complain. I'll be 61 soon and have been driving after a drink or two, usually with food, since the legal drinking age was 16 in D.C. I got my unrestricted license in Maryland in 1966. Read the law for your state. Or maybe you support zero tolerance. I support zero tolerance for texting while driving and also for cell phones. When I was younger it was still legal in Virginia and many states to consume alcohol while driving. They outlawed it and the real drunks kept doing it anyway. Go figure. |
August 13, 2011, 12:24 PM | #16 |
Senior Member
Join Date: December 6, 1999
Location: Richmond, Virginia USA
Posts: 6,004
|
As late as 2003 it was still legal to drink while driving in 3 states: Indiana, Mississippi and Montana - as long as the driver was sober.
In 8 states it was legal for passengers to drink. But that refusal to go along with the federal open container law has cost them highway funds. Your federal gov at work. http://www.stateline.org/live/ViewPa...ontentId=15435 |
August 13, 2011, 07:27 PM | #17 |
Senior Member
Join Date: July 31, 2009
Posts: 642
|
You would need to look at the specific TN laws. In VA you can not drink in a restaurant while conceal carrying but you can if you open carry. If you are not conceal carrying in a restaurant (really locations with particular types of alcohol permits) but are in public then the law says you may not be intoxicated, but no specific BAL are listed.
So yes, in VA you could have a couple of beers with dinner and still be able to legally have a loaded gun in your car. TN I do not know. |
August 13, 2011, 07:54 PM | #18 |
Junior Member
Join Date: August 12, 2011
Location: Tennessee
Posts: 5
|
Haha saw that coming
Just as I suspected, this thread turned into a "you ought not be doing *blank* "
I would like to reiterate that nowhere in my original post did I mention getting drunk, impaired, etc... In fact I said that I would never do that... So the judgemental responses will be ignored. Haha I think that the general consensus is that I should unload the firearm and store it in the trunk. Thanks for the advice! |
August 14, 2011, 01:39 AM | #19 |
Senior Member
Join Date: November 15, 2010
Location: United States of America
Posts: 1,877
|
VA allows CCW in establishments that serve alcohol as long as you are not drinking or I should say impaired. I believe the amount I saw was .02 sortof like how minors have a lower alcohol limit allowed while driving then adults who have .08. pretty much any drinking at all while carrying is a big no-no(like everyone already knows) but just like DUI they would need a reading above the amount that makes you intoxicated. // basically there is a switch from what you can't or shouldn't do TO what someone else has to do to 'tie you down' // I suppose if it was your first offense you could refuse a breathalyzer and say it was your first beer or you never drank nothing. for CCW off property for me means no booze.
thanx for the info john...that was some interesting stuff and you obviously have a good memory. I didn't know a lot of that. I remember when I was younger pumpin gas over the summer or whatever many older guys or a little younger adults would drive with open containers. I always thought that was a little brash
__________________
"Damn the torpedoes, full speed ahead!" -Admiral Farragut @ Battle of Mobile Bay 05AUG1864 |
August 14, 2011, 03:16 PM | #20 |
Senior Member
Join Date: August 1, 2011
Location: Nassau County NY
Posts: 378
|
Agree with kilimanjaro
Every state has its own rules. I generally don't go "drinking" but I may have a mixed drink or a beer with dinner at a restaurant while packing. As I'm usually the driver, I limit my alcohol to one drink.
I know there are places where guns may be safely locked in cars for short periods of time, without incident. But not where I live. So, my views are different than yours. We must take preautions against our guns getting into the wrong hands through theft. If my car is stolen with a gun locked inside, my full carry license is suspended and all my handguns confiscated by the police department. Then, there's the matter of civil responsibility should my gun end up in a shooting.
__________________
Int'l Assoc. of Law Enforcement Firearms Instructors |
August 14, 2011, 04:46 PM | #21 |
Senior Member
Join Date: April 7, 2006
Posts: 10,985
|
I answered the question according to Tenn. State law.
|
August 14, 2011, 08:10 PM | #22 | ||
Senior Member
Join Date: July 31, 2009
Posts: 642
|
Quote:
Quote:
|
||
August 15, 2011, 12:46 AM | #23 | |
Senior Member
Join Date: November 15, 2010
Location: United States of America
Posts: 1,877
|
wally626
yes thank you for clarifying that. You can CCW at all establishments that have a license to serve and/or sell alcohol(whether you can drink or can not drink on the premises), but you must not be drinking or you are guilty of a misdemeanor.
That being said as you stated(refering to the other law you mentioned briefly): if you were violating the law they would have to use that seperate law to determine if you were "over the limit" which is considerably less than DUI which is .08 or higher. They would do this or attempt to do this if you are arrested for the misdeameanor. As well as relaxing on the liquor establishment/CCW laws like many other states, VA also allows CCW in state parks, state forests, national forests, WMA's, and roadside rest areas now just like many other states. I believe VA's kicked in JUL2010. Quote:
__________________
"Damn the torpedoes, full speed ahead!" -Admiral Farragut @ Battle of Mobile Bay 05AUG1864 |
|
August 15, 2011, 01:36 AM | #24 |
Senior Member
Join Date: November 15, 2010
Location: United States of America
Posts: 1,877
|
also, I forget to mention...this stuff is a pain to type about cuz its a lot to remember/articulate...john seemed correct.
The reason I say that is basically one beer and you're legally impaired(give or take) while CCW, but it takes about 4beers in 45-60minutes to make a 200lb person blow a .10 basically a beer or two you should be ok but I don't even to one myself because of the smell and incorrect arrests.
__________________
"Damn the torpedoes, full speed ahead!" -Admiral Farragut @ Battle of Mobile Bay 05AUG1864 |
August 15, 2011, 07:47 AM | #25 | |
Senior Member
Join Date: December 1, 2009
Location: Stillwater, OKlahoma
Posts: 8,638
|
Bill DeShivs is correct,,,
Quote:
I purchased two of the cabled lock boxes. When I stop after work for a beer,,, I place the handgun in one locked box,,, And I place the magazine in the other locked box. Each key will only open one box,,, According to Oklahoma law I am transporting,,, That also alleviates the need to inform an officer I am transporting. Aarond
__________________
Never ever give an enemy the advantage of a verbal threat. Caje: The coward dies a thousand times, the brave only once. Kirby: That's about all it takes, ain't it? Aarond is good,,, Aarond is wise,,, Always trust Aarond! (most of the time) |
|
|
|