Weapon in trunk after drinking

[Defensor]

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

[DefensiveCarry.com]

[Brad426]

I'm gonna go with "I doubt it" but my legal advice is worth exactly what you are paying for it.

[Poseidon]

Weapons+Drugs/Alcohol= Bad things waiting to happen.

[OldVet]

Off hand, I'd say no as the firearm is not "within reach" nor in condition to immediately use. But NC has some weird gun laws, and I'm not suggesting that you don't need to do diligent research to satisfy yourself.

In FL, it is not illegal to carry a firearm under the influence, only to "use," as have in hand, except for the purpose of self defense. Obviously no one recommends handling firearms under the influence, I'm simply pointing out that FL still protects one's right to self protection, whether under the influence or not. The state takes the position that one should not be defenseless due to partaking in a drink or two.

[Defensor]

I whole heartedly agree Poseidon. That is why the weapon will be behind three locks in the trunk. I do not intend to, nor do I want to carry while/during/or after drinking. But I do want to have a weapon available for the five hour drive there and back. Just trying to remain within the law in the process.

[iguanadon]

I'm with the other unpaid, untrained, unschooled, non-attorneys here... Should be fine. Since the gun is not on your person and not in the cabin of the vehicle, you shouldn't be jeopardizing your CCW or breaking any other laws.

By the way, the wife and I are heading to Asheville Friday for a weekend of oohing and aahing at brightly colored leaves.

[Harvester]

I don’t think you should have any problems, but if you want a good answer just call the local police for where you’re going to be staying. Conversely, you can stop being so defensive and let the host family know you carry and keep it locked in their place.

[Defensor]

Ah nice Iguanadon, that area of the state is very attractive this time of year. We're heading to Charlotte for the Renaissance Faire. Turkey legs and steins of mead always spell a good time, haha!

[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.

[Brad426]

Weapons+Drugs/Alcohol= Bad things waiting to happen.

Thanks Conscience. That wasn't his question, though...

[OldVet]

CLT--my old neighborhood! At Freedom Park?

[Defensor]

So, leave the keys at the house, thanks Liz. And I would rather not carry at all then leave a weapon with people I do not know Harvester. Thank you all for the feedback!

[Defensor]

CLT--my old neighborhood! At Freedom Park?

Directions have it off Poplar Tent Road, don't know if that is Freedom Park or not.

[OldVet]

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.

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.

[archer51]

JMO but you should be alright. You might also go one step further and remove the slide from the weapon as well.