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; OP, I found this NC Statute on permit revocation, suspention for you. Nothing on transportation. § 14‑415.18. Revocation or suspension of permit. (a) The sheriff ...

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  1. #31
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    OP, I found this NC Statute on permit revocation, suspention for you. Nothing on transportation.

    § 14‑415.18. Revocation or suspension of permit.

    (a) The sheriff of the county where the permit was issued or the sheriff of the county where the person resides may revoke a permit subsequent to a hearing for any of the following reasons:

    (1) Fraud or intentional and material misrepresentation in the obtaining of a permit.

    (2) Misuse of a permit, including lending or giving a permit or a duplicate permit to another person, materially altering a permit, or using a permit with the intent to unlawfully cause harm to a person or property. It shall not be considered misuse of a permit to provide a duplicate of the permit to a vender for record‑keeping purposes.

    (3) The doing of an act or existence of a condition which would have been grounds for the denial of the permit by the sheriff.

    (4) The violation of any of the terms of this Article.

    (5) The applicant is adjudicated guilty of or receives a prayer for judgment continued for a crime which would have disqualified the applicant from initially receiving a permit.

    A permittee may appeal the revocation, or nonrenewal of a permit by petitioning a district court judge of the district in which the applicant resides. The determination by the court, on appeal, shall be upon the facts, the law, and the reasonableness of the sheriff's refusal.

    (b) The court may suspend a permit as part of and for the duration of any orders permitted under Chapter 50B of the General Statutes. (1995, c. 398, s. 1; 2011‑268, s. 20.)
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  3. #32
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by OldVet View Post
    § 14‑415.18. Revocation or suspension of permit.

    (3) The doing of an act or existence of a condition which would have been grounds for the denial of the permit by the sheriff.
    If a may-issue state, then it could be argued that the condition of having a loaded firearm in one's possession while intoxicated might well be held as sufficient grounds for denial or revocation. The fact that the gun's in the trunk might well not matter, to a person charged with judging the risk and potential impact of such a situation. Something to consider.
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  4. #33
    Member Array houdini's Avatar
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    I would not take it if you are drinking, you do not want to grt in trouble.

  5. #34
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    The section on sheriff permit denial only makes mention of "illegal" drug/alcohol use as grounds for denial, not mere use of alcohol. Otherwise, very few permits would be issued. Still working on a locked firearm in truck as possession.
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  6. #35
    Ex Member Array Pythius's Avatar
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    keep the gun locked away in your trunk, with the ammo in a bag on the backseat, if you're gonna be drinking that night.

  7. #36
    Senior Member Array BkCo1's Avatar
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    Why drink at all while you are out. Your SA and judgement are going to go out the window. Have your drinks when you get back to where you are staying. Also wear the thing. Tell no one. Keep it concealed. It is no good locked up.
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  8. #37
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    I am usually in possession of a firearm when I drink beer, which is not infrequent. Of course, the firearm(s) are in my safe and in the closet.

    Drinking and carrying in public is another story. A beer during dinner out is OK by me. Getting oiled up is just foolishness.

    I am no lawyer, but I cannot imagine a triple locked firearm on private property posing a threat or breaking a law, but as I said, I am no lawyer.

  9. #38
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    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

    Your question is interesting, but in a manner of common sense as I am no lawyer look at it this way. If you have a safe or gun lock at home are you allowed to drink at home while not carrying? My thought is if you secured the weapon in a locked case and it is locked in your vehicle with no ammunition it it, you have met the requirements of securing it. As stated I am not a lawyer or a LEO, but I have gone a long way in life using common sense. Now if you were drinking and driving and the weapon is also locked in the vehicle that is a completely different situation.
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  10. #39
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    I got a bigger problem with the driving after drinking part,unless you have a sober driver you shouldn't be drinking and driving
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  11. #40
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    one good thing to note is various states look at this differently. Some state absolutely no alcohol, while other state legal intoxication as the line, while some state you cant even be in an establishment carrying that serves alcohol. Bottom line know the laws of the state you are in.
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  12. #41
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    Quote Originally Posted by dukalmighty View Post
    I got a bigger problem with the driving after drinking part,unless you have a sober driver you shouldn't be drinking and driving
    I am not sure the OP clarified whether his partner drank and whether she would be the DD.
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  13. #42
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    The rule is (in minnesota atleast) that if your BAC is over .04, the weapon must be on your person or within reasonable access to warrant a violation. Youre going above and beyond by adhering to transport standards of a person who is not licensed to carry. In plain English, as long as go with your plan, you should be fine.

  14. #43
    Senior Member Array velo99's Avatar
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    Gave up drinking to carry. In my state there is no set limit on alcohol while carrying. It's officer discretion. Rather not take a chance.
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  15. #44
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    NC laws are very vague on transporting but A) not being the driver and B) having it locked in the trunk, IMO only, is more than suitable. Unloaded. I'd need to review the laws again but I believe unloaded, locked in a soft case however poorly and laying in the back seat becomes a matter of the officers discretion but could still be argued as secured and not concealed. In the trunk I'd think there should be no question nor a reason to mention the weapon since is not concealed, it is being legally transported.

    But do your research a bit more.....don't take this as the final word.
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  16. #45
    Distinguished Member Array Toorop's Avatar
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    Quote Originally Posted by Poseidon View Post
    Weapons+Drugs/Alcohol= Bad things waiting to happen.
    How so? If he is not carrying a weapon and is drinking, I doubt it will be an issue. Not to mention that the same could be said for taking any sort of medication including allergy medicine or other medicine. Either way, I still don't see the problem if the person is not drunk and carrying even if they have a beer or two.

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