Concealed Carry and Alcohol (in your vehicle)

[joshw0000]

I have been debating getting my concealed carry permit. I don't feel like I live in a bad neighborhood or visit bad places but I have a wife, 2 year daughter, and 4 month old daughter so I'm no longer protecting only myself.

I understand that with the extra priviledge of concealed carry comes more responsibility and harsher penalties for not abiding. My question is about drinking. Now, I understand that I cannot carry if I consume any amount of alcohol (outside of my property) and I feel the law is just and ok. I can't find any information about having the gun in my car. For example, if we're out and go to a restaraunt, I typically have a few beers. If the wife and kids are with me I ALWAYS let my wife drive home and obviously I wont over consume if I'm alone.

What is the law on having the gun in your vehicle if you've consumed any amount of alcohol (driving or not)? How does the law differ from having your concealed carry or not in the regards of having the gun in your vehicle, not on your person. FYI - I'm in NC.

Also, if I understand correctly, I cannot have the gun in my car on school property (again, not concealed or open carry) if I'm picking up my kids?

Any info will be helpful. Thanks!

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[DefensiveCarry.com]

[Mike1956]

I have been debating getting my concealed carry permit. I don't feel like I live in a bad neighborhood or visit bad places but I have a wife, 2 year daughter, and 4 month old daughter so I'm no longer protecting only myself.

I understand that with the extra priviledge of concealed carry comes more responsibility and harsher penalties for not abiding. My question is about drinking. Now, I understand that I cannot carry if I consume any amount of alcohol (outside of my property) and I feel the law is just and ok. I can't find any information about having the gun in my car. For example, if we're out and go to a restaraunt, I typically have a few beers. If the wife and kids are with me I ALWAYS let my wife drive home and obviously I wont over consume if I'm alone.

What is the law on having the gun in your vehicle if you've consumed any amount of alcohol (driving or not)? How does the law differ from having your concealed carry or not in the regards of having the gun in your vehicle, not on your person. FYI - I'm in NC.

Also, if I understand correctly, I cannot have the gun in my car on school property (again, not concealed or open carry) if I'm picking up my kids?

Any info will be helpful. Thanks!

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If you are drinking and your wife is driving, the plan would be to render the firearm to a condition legal for a non-CHL holder to transport.

[Brad426]

I would read here as a starting point and not take what you hear from others as fact.

http://www.handgunlaw.us/states/northcarolina.pdf

[GentlemanJim]

If you are drinking and your wife is driving, the plan would be to render the firearm to a condition legal for a non-CHL holder to transport.

Or get your wife to CCW.

Jim

[Mike1956]

Or get your wife to CCW.

Jim

Naah, he drinks, and makes her drive, remember?

[9MMare]

This may mean putting your weapon in that condition or place before entering the establishment.

I cannot emphasize enough...do NOT hide your gun when you have arrived at your destination. IF you must hide or disable your gun, do it BEFORE you get there because it is very easy for someone to see you doing so and then steal your weapon. Cars and trunks are easily broken into and it's just IMO, but the cables for anything gun-related are next to useless.

[joshw0000]

Maybe my question was unclear. I'm not so much worried about having the gun stolen from my truck. My question is, if I or my wife were driving and were stopped for any reason. Is it illegal to have the gun with (not on) me (or us) if I have consumed any alcohol. I can't find a clear answer to this in any of my readings.

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[hardluk1]

You should know you can not have a firearm with in reach of you if you have any alchohol in you. So unload the handgun and lock in a safe. Option!! Stop drinking. Does not matter even with wife driveing when that officer come to your vehical in NC he could also talk to you and you will have to tell himyou have ccl . Thats when it can hit the fan if a handgun is avalible to you, not just on you but anywhere with in your drivers compartment. It had better be locked up in the trunk with a stone sober driver and unloaded if a drinker is near.

[TVille]

Welcome to DC!

Skip the car part. Figure out what happens if you have a gun on you, and have been drinking. That is what you will get hit with in your scenario. NC does not address carrying weapons in cars where they are concealed, unless you have a permit. So, the gun would be considered yours, or your wife is in violation of NC law, if it is accessible to her. If you have a truck, you would probably need to have the gun separated from the ammo (not loaded) and locked up to avoid problems. The link that Brad426 gave has an AG opinion about that.

My personal opinion is that if you have been drinking, the gun should be unloaded and locked up. NC is a must inform state, so if pulled over, and you have been drinking, you have a conundrum on what to do. I am not sure that the law applies to your wife, with a weapon in the car, and it is not clear if you would be responsible for notifying the officer if the gun is locked up. Simple answer - don't drink with the gun!!

[joshw0000]

You should know you can not have a firearm with in reach of you if you have any alchohol in you. So unload the handgun and lock in a safe. Option!! Stop drinking. Does not matter even with wife driveing when that officer come to your vehical in NC he could also talk to you and you will have to tell himyou have ccl . Thats when it can hit the fan if a handgun is avalible to you, not just on you but anywhere with in your drivers compartment. It had better be locked up in the trunk with a stone sober driver and unloaded if a drinker is near.

Thanks. Thats sorta what I thought. I have a keyed tool box on my truck. So IF we were out and I had any amount to drink, that's where I would store the gun. I'll be sure to read more on it and ask my instructor if/when I take the concealed carry course.

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[Grant48]

I can't speak for your state, but in Texas you're generally considered to be carrying if the weapon is "on or about your person". So basically if the firearm is readily accessible, you could still be considered carrying, even if it's not actually on your body.

If the weapon is in a locked container, and thus not readily accessible, it may be a stretch for it to be considered "on or about your person". That's where officer discretion and/or prosecutorial discretion would come into play.

[dukalmighty]

Why even carry on the way there?

[chiefjason]

There is no law against carrying openly in NC after having a drink. If you get pulled over, place it on the dash and inform the officer. Don't have it anywhere it could be considered concealed. Or, in a truck you would need a lockable box that cannot be accesed by anyone in the truck. It's more difficult in a truck compared to a car. In a car you just put it in the trunk.

There is a law restricting CC if you haven been drinking. There is no such law for OC.

As for school property, no firearms on the property period.

[NorthernVandal]

Just know your state laws. I know here in Idaho we can carry in a bar, or while drinking, or with it in the car. However we cannot be intoxicated, of course, while carrying. If I know I am going somewhere that I will take a drink, that gun comes off and is secured for the night. Just a trade off for partaking, and not taking any chances.

[joshw0000]

I've been reading the link Brad sent and it sounds like I'd be ok if the gun is locked up. It's not a situation I plan to encounter often. I'm moreso weighing the pros and cons of getting the CCP or not, so I'm thinking of every possible situation that could occur in my life. If we were going out to eat and drink, the gun would stay home. Most times if we're out with the kids, we wont typically go to an alchol serving restaraunt, and even then I most likely wouldn't drink. But in a scenario where we did go to one, and I was carrying, I would lock up the gun.

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