Weapon in trunk after drinking

This is a discussion on Weapon in trunk after drinking within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Well u might be ok with the weapon in the trunk, however ur talking abt alcohol in ur system and driving. That can kill too....

Page 2 of 4 FirstFirst 1234 LastLast
Results 16 to 30 of 57
Like Tree8Likes

Thread: Weapon in trunk after drinking

  1. #16
    Distinguished Member
    Array Richard58's Avatar
    Join Date
    Sep 2011
    Location
    Charlotte area of North Carolina
    Posts
    1,914
    Well u might be ok with the weapon in the trunk, however ur talking abt alcohol in ur system and driving. That can kill too.
    "No free man shall ever be debarred the use of arms."*
    -Thomas Jefferson
    "The Constitution shall never be construed ... to prevent the people of the United States who are peaceable citizens from keeping their own arms."**
    -Samuel Adams

  2. Remove Ads

  3. #17
    VIP Member
    Array OldVet's Avatar
    Join Date
    Nov 2009
    Location
    S. Florida, north of the Miami mess, south of the Mouse trap
    Posts
    14,576
    My google map shows that as in Concord, north of CLT just beyond the speedway, CLT likes to claim most of NC as its turf.
    Retired USAF E-8. Avatar is OldVet from days long gone. Oh, to be young again.
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  4. #18
    Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    43,808
    How about just not drink much?
    Hopyard likes this.
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

  5. #19
    Member Array Defensor's Avatar
    Join Date
    Aug 2007
    Location
    New Bern, NC
    Posts
    140
    Quote Originally Posted by Richard58 View Post
    Well u might be ok with the weapon in the trunk, however ur talking abt alcohol in ur system and driving. That can kill too.
    I never mentioned driving after partaking. My girlfriend will be driving when we leave...
    Dave
    Springfield XD .40 Service
    Para Ord Hawg 9
    Kahr CW9
    S&W 22A

    http://www.youtube.com/watch?v=joBMq...eature=related

  6. #20
    Member Array Defensor's Avatar
    Join Date
    Aug 2007
    Location
    New Bern, NC
    Posts
    140
    Quote Originally Posted by retsupt99 View Post
    How about just not drink much?
    One drink puts you over the legal limit in NC to carry.
    Dave
    Springfield XD .40 Service
    Para Ord Hawg 9
    Kahr CW9
    S&W 22A

    http://www.youtube.com/watch?v=joBMq...eature=related

  7. #21
    Member Array FLArmadillo's Avatar
    Join Date
    Apr 2012
    Location
    Osceola County, FL
    Posts
    264
    Jeez, I love Florida. When I drink it just stays holstered in the center console.lol

    Whether or not you're concealed carrying is about as much of the host family's business as the color of your skivvies or the contents of your wallet regardless of where you are. And if you were to leave your weapon securely locked/unloaded in you luggage whilst out getting yourself loaded, I cant see an issue there either.
    9MMare likes this.
    As we used to teach in the spook business, carry a 25 if it makes you feel good, but do not ever load it. If you load it you may shoot it. If you shoot it you may hit somebody, and if you hit somebody - and he finds out about it - he may be very angry with you. -- Jeff Cooper

  8. #22
    Ex Member Array lizjimbo's Avatar
    Join Date
    Jun 2012
    Location
    VA
    Posts
    157
    Quote Originally Posted by OldVet View Post
    That's a bit of a stretch. That makes me guilty of DUI if I'm sitting in my recliner having a beer with my car keys in my pocket and the vehicle parked outside. I'll stick with not readily accessable nor in condition for immediate use.

    And who will be concerned about a double (triple) locked handgun in a trunk to begin with? Rather than asking an LEO, I'd stick to researching NC handgun statutes. And print a copy to put with the locked up gun.
    Perhaps you should research what "constructive possession of a firearm" means. Check first with the Florida Supreme Court opinions and then work out in each direction to the other states. The courts are very mean when it comes to firearm violations and I thought the OP might appreciate a perspective that was not completely permissive.

    By the way...drunk in an arm chair is not the same as drunk in the car. Give it a try one day. You don't even have to have the key in the ignition nor the engine running.

  9. #23
    VIP Member Array mlr1m's Avatar
    Join Date
    Oct 2006
    Location
    okla
    Posts
    4,298
    Funny thing. Over the weekend I was discussing this very issue. One of the guys noted that Oklahoma being a must notify State might cause him problems if he were to be stopped for any reason with alcohol on his breath. He stated that if he does not have a permit he is not required to notify and being that he never drives while impaired he would be free to go once the officer realized that he was not impaired.
    I told him that I believed that he should still get a permit, but that I understood his point.

    Michael

  10. #24
    VIP Member Array chiefjason's Avatar
    Join Date
    Jul 2009
    Location
    Hickory, NC
    Posts
    2,679
    Just lock it in the trunk. No need to jump through a lot of hoops. You can leave it loaded too, NC makes no distinction between loaded and unloaded. The distinction is accessible or not accessible. And yes, NC is vague on the transportation issue. I wish we had an AG with the sense to clarify things a bit more. Sigh.

    And since you don't want anyone else knowing that rules out OC.
    I prefer to live dangerously free than safely caged!

    "Our houses are protected by the good Lord and a gun. And you might meet 'em both if you show up here not welcome son." Josh Thompson "Way Out Here"

  11. #25
    VIP Member Array mlr1m's Avatar
    Join Date
    Oct 2006
    Location
    okla
    Posts
    4,298
    Quote Originally Posted by OldVet View Post
    That's a bit of a stretch. That makes me guilty of DUI if I'm sitting in my recliner having a beer with my car keys in my pocket and the vehicle parked outside. I'll stick with not readily accessable nor in condition for immediate use.

    And who will be concerned about a double (triple) locked handgun in a trunk to begin with? Rather than asking an LEO, I'd stick to researching NC handgun statutes. And print a copy to put with the locked up gun.
    That would be a stretch if you were not in the vehicle. However in Oklahoma and many other States being found drunk in a vehicle that is not running can pe prosecuted the same as if you were driving it down the road. Buddy of mine was sleeping it off in his car and was arrested on the spot. In Oklahoma its called 'actual physical control of a vehicle while under the influence'. The vehicle was under his control at the time of his arrest. It cost him a couple thousand dollars to learn that lesson.
    On a sad buy somewhat humorous note he told me that it taught him a valuable lesson. Said that he should have just gone ahead and drove home. There would have been less chances of him getting caught.

    Michael

  12. #26
    Member Array BeefyG's Avatar
    Join Date
    Aug 2012
    Location
    Texas
    Posts
    166
    Not sure if car carry is legal there but if it is then why not transfer the gun keys to your gf when you get there. She's already your DD. Why not let her take temporary possession if it is legal?
    Hopyard likes this.

  13. #27
    NMB
    NMB is offline
    Member Array NMB's Avatar
    Join Date
    Mar 2012
    Location
    Moon
    Posts
    342
    Sounds like it would be easier to just drink once you are back at the friends house and dont have a need to get in the car with the gun for the rest of the night.
    VA_Glocker likes this.
    NRA Member
    Certified Kitchen Gunsmith

    "Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive."
    - C.S. Lewis

  14. #28
    Member Array VA_Glocker's Avatar
    Join Date
    Oct 2012
    Location
    VA
    Posts
    18

    Cool Weapon in trunk after drinking

    Quote Originally Posted by Defensor View Post
    Afternoon everyone, myself and my girlfriend are planning on going to a festival in the western part of North Carolina this weekend. We live on the coast so one way trip will be approximately five hours. I was planning to carry when we were planning to stay in a hotel for the night, but she recently got up with a girlfriend of hers and now we're staying at their house. As a rule I do not bring a weapon into someone else’s house without their permission, and I do not plan on asking their permission or even letting them know I carry. So, as I plan on drinking at this festival, I was thinking this: placing a cable lock through the weapon and then locking the weapon in a box, then locking the box in the trunk. We will be spending the night again at her friend’s house, so it would stay in the trunk both nights, and I would have the weapon with me for the travel time back and forth. My main concern is, am I risking my CCW by having alcohol in my system while the weapon is locked (doubly so) in the trunk? NC transportation of firearms is pretty skimpy on the explanation, so I am trying to leave no room for interpretation in the rare event we are stopped. Any help on this or clarification would be greatly appreciated, thanks!

    Dave

    Hi Dave,

    I am very new to this forum, hence don't want to offend any 'seniors' around.


    In short, to answer your concern of risking your CCW.. no, you are not risking it as long as the gun is unloaded and stored properly the way you have mentioned. Also, as you said you won't be in driver's seat while drunk... so, even if in case you guys are pulled over.. the state trooper will speak to your girlfriend who will be driving.
    You keep shut.... very seldom have I heard a vehicle being searched for a minor traffic violation.


    But, when I see your issue from a practical point of view.... here are my thoughts.

    The first point to have a CC gun, is so that you can respond ASAP to (hope it never happens) a threat.

    Keeping a cc gun in the boot (unloaded & with a cable lock & doubly boxed) of a car is not going to help you or your girlfriend under dire circumstances... it's worse than the rock lying on the road that you can use more faster to defend than scramble to get the gun ready to shoot.

    Secondly, keeping a gun locked overnight in a car at an unknown place is not good, because if your car gets stolen, (again, hope it never happens) your gun goes with it.
    And, I don't even want to go there.. to what happens in all those scenarios where your gun will be used & the legal, law suits... list goes on. (again - again, hope it never happens).

    So, bottomline... if you know for sure that you are going to drink & you may have to leave it unattended inside a car, just don't carry your gun... period.

    It's another thing that you wish to carry the gun during the times you are sober... the choice is yours.

    Again.. hope I haven't been too blunt in my response to offend anyone in here.

    All the best.

    Thank you.!!

  15. #29
    VIP Member
    Array OldVet's Avatar
    Join Date
    Nov 2009
    Location
    S. Florida, north of the Miami mess, south of the Mouse trap
    Posts
    14,576
    Quote Originally Posted by lizjimbo View Post
    Perhaps you should research what "constructive possession of a firearm" means. Check first with the Florida Supreme Court opinions and then work out in each direction to the other states. The courts are very mean when it comes to firearm violations and I thought the OP might appreciate a perspective that was not completely permissive.

    By the way...drunk in an arm chair is not the same as drunk in the car. Give it a try one day. You don't even have to have the key in the ignition nor the engine running.
    All the references I found about "constructive possession" were in referenced to felons possessing firearms. That is not OP's situation nor question.

    I still feel you're comparing apples to oranges. DUI is one aspect. I fully understand that passed out drunk in the front seat with keys in hand is a DUI. Illegal carrying of a firearm locked in the trunk is another thing. I don't know of any court case laws based on a firearm locked away in a separate vehicle compartment, the trunk in specific, and someone being charged with under the influence possession of a firearm. If you do, I'd like to add that state(s) to my list of places I don't need to visit.

    Oh, I'll take a pass on NY, NJ, and IL as anything goes there.

    But back to the OP's basic question, which is really two:
    1) Is it a violation of NC law to have a firearm secured in the trunk of a vehicle if the occupant has consumed alcohol? Period.
    2) Are there any "legimate" grounds for revocation of a carry permit for the same (IE state permit violation)? Period.

    This is not a DUI issue. Nothing need be said about shoulda, coulda, woulda. Nor leave at home, why bother, etc. Nor what would happen in FL, OK or any other state. This is for NC. I don't think so, but I did say OP should research this in the state statutes. I'd be interested in seeing what The State says.
    Retired USAF E-8. Avatar is OldVet from days long gone. Oh, to be young again.
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

  16. #30
    VIP Member Array ccw9mm's Avatar
    Join Date
    Jul 2006
    Location
    USA
    Posts
    24,175
    Quote Originally Posted by Defensor View Post
    My main concern is, am I risking my CCW by having alcohol in my system while the weapon is locked (doubly so) in the trunk? NC transportation of firearms is pretty skimpy on the explanation, so I am trying to leave no room for interpretation in the rare event we are stopped.
    The risk of getting stopped and questioned about a loaded firearm in the trunk is part of it.

    The risk of being forced to use it while you're still soused is the other part of it.

    I believe your own question answers itself. If your goal truly is to avoid misinterpretation, then about the only way to do that is to avoid having firearm nearby during the time when you're planning to be soused. IMO, that's the only responsible course of action. If concerned about the environs, have someone else run security duty that day, much like a designated driver gets assigned for a "drinking" outing.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, GOA, OFF, ACLDN.

Page 2 of 4 FirstFirst 1234 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

can u legally ride with ur ccw locked away in trunk after drinking alcohol in nc

,

carrying a firearm in missouri while intoxicated

,
carrying concealed and having a drink nc
,

carrying rifle in trunk and arrested for owi

,

ccw holders in nc can have a drink and leave gun in car trunk

,

concealed carry drinking

,

posesssion of a firearm while intoxicated nc

,

possession of a firearm while intoxicated va

,
texas gun in trunk considered carrying
,
texas in trunk considered carrying
,

virginia law concerning gun possession while intoxicated

,
virginia law drunk with weapon in trunk
Click on a term to search for related topics.