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; Many here seem to seem to believe that one drop of alcohol makes a person unable to act responsibly. Not everyone who has a drink ...

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Thread: Weapon in trunk after drinking

  1. #46
    VIP Member Array mlr1m's Avatar
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    Many here seem to seem to believe that one drop of alcohol makes a person unable to act responsibly. Not everyone who has a drink continues drinking untill they are slobbering drunk. There are many responsible drinkers who will have one drink with dinner then drive home.

    Seems that the no tolerance types are taking over this forum. Drinking +'fill in the blank' = bad rule is just PC nonsense. Now irresponsible drinking is bad.

    To the OP. I would think that keeping the weapon in the trunk would be fine. Just remember, the laws in each State may be different. And, many times the laws are written on the side of the road.

    Michael
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  3. #47
    Senior Member Array Cold Shot's Avatar
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    I see more state troopers in North Carolina than any other state. They are bloodthirsty out there on I-85.

    Your precautions should be more than enough, however. If you want to have a beer, have a freaking beer.

  4. #48
    VIP Member Array Dangerfield's Avatar
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    The decision should be based on your experience when drinking. If you tend to get a little carried away when drinking then the choice is a simple one. When I know I am going to be out having cocktails, I take my pistol out of my car and put it in my gun safe. I know I have a temper.................
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  5. #49
    Senior Member Array BkCo1's Avatar
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    The OP mentioned that he would be drinking to the point that his girl friend would be driving. I have no problem with moderation. I stated that his SA would go out the window and suggested he wait till he got back to where he was staying to drink.
    That way he could enjoy the best of both worlds. Mir you have to admit that is a reasonable solution to his problem. He is concerned about his safety while traveling but not after he reaches his destination. Said event probably has more of a chance of trouble then traveling.
    Semper Fi
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  6. #50
    Ex Member Array F350's Avatar
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    Originally Posted by lizjimbo
    The operative word you are looking for is "being in possession of a firearm while intoxicated". Possession, in most states, is defined as having dominion and control over said firearm. There is no question as to whether or not you have dominion and control as you have all the keys. The answer you need will come from a cost benefit analysis of the laws of the region you are travelling in.
    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.
    When I lived in Missouri being locked in the trunk was still considered "being in possession" and "under the influence" was not defined, it could be what ever the cop said it was.

    OldVet-
    The Missouri law was changed because some cops arrested, and the local prosecutor charged a man for being in possession of a firearm while intoxicated because he was drunk in his own house which contained a firearm. Now you can be falling down drunk while armed and as long as you don't due something stupid there is nothing chargeable (for the firearm).

  7. #51
    Distinguished Member Array Burns's Avatar
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    If it were me I would just leave it at home. It's just one more thing on your mind when you're trying to enjoy the weekend. Just my opinion.
    Those who make peaceful revolution impossible will make violent revolution inevitable- JFK

  8. #52
    Ex Member Array lizjimbo's Avatar
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    Quote Originally Posted by OldVet View Post
    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.
    "Constructive Possession" applies in a broad range of circumstances. You do not have to be a felon in order to be deemed in "constructive possession" of anything. As long as the "thing" that is being possessed is under your "dominion" and "control" (you got all the keys) then you are deemed to be in "Constructive Possession" of the "thing". The word "constructive" acts the actual type of action. You can write a deed for conveyance of land and if it never gets recorded the unrecorded deed is deemed as a constructive conveyance, recorded or not. I was merely trying to give the OP my knowledge of a possible legal consequence. Being armed with knowledge is better than being armed with a firearm. Both of them, together are superior to either on their own.

    Just one more add on...the law does not really care whether you wanted actual possession. The law does not distinguish between actual possession or constructive possession. They are both the same. Not that the law is right or wrong...it is what it is and what side does the OP want to fall on. It is not my call because I am not at risk.

  9. #53
    Ex Member Array lizjimbo's Avatar
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    Please don't start labeling us as "antis". The law is the "no tolerance type". The OP asked for our opinions...that is all we gave. He could have just started a thread that told us he was going to go get silly faced drunk while waving his firearm around in the middle of the interstate during the afternoon rush hour and told us he did nto give a pile of you know what we thought about it and to keep our mouths shut...in which case we probably would have. The law in Virginia is if you are in possession of a firearm while intoxicated...by the way any amount of beer can be deemed by any court to be intoxicating...you are in deep dodo and you can loose your firearms, ccw permit, and possibly go to jail. Maybe some people do not understand the law, but it is what it is. We are simply trying to give the OP what we believe is our sound judgement. It has nothing to do with getting wasted as long as the person getting wasted stays 50 miles from me and my family.

  10. #54
    Ex Member Array CaveJohnson's Avatar
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    I can't imagine any state can penalize you for an unloaded and locked away gun in the truth while you're drinking. The cops would really have to be reaching on that one.

  11. #55
    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by CaveJohnson View Post
    I can't imagine any state can penalize you for an unloaded and locked away gun in the truth while you're drinking. The cops would really have to be reaching on that one.
    I can't imagine that a person would be penalized for leaving his car at the bar and walking home because he knew he shouldn't drive. But it does happen around here.

    Michael

  12. #56
    Senior Member Array BkCo1's Avatar
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    Well Defensor what did you do? A feed back would be a nice touch.
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    "Marines don't surrender-they win or die." from Brute

  13. #57
    Member Array mrkurt's Avatar
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    The way I see it is that if I put my gun in my safe under my seat in my two door cab with a short box, and have alcohol.Iam fine not carrying! granted its near me but there is no other sensible spot to store it . But when I get home and wonder, it should just stay where it is till sober!

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