Quick Question

Quick Question

This is a discussion on Quick Question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; So let's say you are out and about shopping and you are carrying of course then a friend calls and wants to go get a ...

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  1. #1
    Member Array Tjcrosson's Avatar
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    Quick Question

    So let's say you are out and about shopping and you are carrying of course then a friend calls and wants to go get a drink for happy hour...obviously as soon as you start drinking the gun is no longer on you. Say you have one beer and still capable to drive...your gun is in your center console, not locked. Does that count as carrying? Texas law says no carrying while intoxicated but doesn't define intoxicated. So what would be the best option on what to do with your gun?

    Thanks,


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    I am sure the great state of Texas has an intoxication level established.
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    VIP Member Array blitzburgh's Avatar
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    I'd think carrying would mean on the body. Wouldn't it locked up in the vehicle be transporting?
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    Member Array virg's Avatar
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    Concealed vs concealed carry is very different..

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    Member Array Tjcrosson's Avatar
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    It defines intoxication for driving but not for CC. Just say without normal function or something like that.

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    As I remember in TX it is legal withouth a permit to have a gun locked and loaded in the dashboard etc ...

    But I would think in theory that as long as it was not on you it would not be carried ...

    But I am not a laywer and this is best ask of a lawyer ...Also if your worried maybe get a quick opening car safe that way it would be of "easy accese " and you could still get to it ...
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    Distinguished Member Array Nmuskier's Avatar
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    ^^^yes, how does TX define cc?

    In MI, legal transport is only unloaded in magazine and chamber, in the trunk, not in the passenger compartment, or in a case designed for firearm transportation. Transporting this way while intoxicated would be guilty of DWI, but not in possession of a firearm while intoxicated.

    Transporting any other way (loaded mag, gun not in a case in the passenger compartment...) requires a CPL, and would be considered "in possession". I believe TX transportation laws are much more common sense than MI.

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    Typically, yes. The gun is in your care and control. Best bet is to make the gun inoperable and not accessible.
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    Distinguished Member Array Hodad's Avatar
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    Quote Originally Posted by Nmuskier View Post
    ^^^yes, how does TX define cc?

    In MI, legal transport is only unloaded in magazine and chamber, in the trunk, not in the passenger compartment, or in a case designed for firearm transportation. Transporting this way while intoxicated would be guilty of DWI, but not in possession of a firearm while intoxicated.

    Transporting any other way (loaded mag, gun not in a case in the passenger compartment...) requires a CPL, and would be considered "in possession". I believe TX transportation laws are much more common sense than MI.
    Just the opposite in GA. You can have a gun in your vehicle (even w/o carry license), but it has to be in the passenger compartment. If it is in your trunk it is considered illegally concealed (loaded or not) and you are in trouble.
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    Simple. Disarm, go meet your friend, DON'T DRINK ALCOHOL!!! Have a Coke or Diet Coke, talk about old times, get back in your car, get your weapon, leave. Problem solved.
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    It depends on the state really. In FL, if under the influence, it would have to be loaded and "in the hand" to be a violation of law. Under the influence is not specifically defined in that statute. Mere presence is not illegal, although it is illegal to CC in a bar, tavern, or bar area of an alcohol-serving restaurant.
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    Senior Member Array JJVP's Avatar
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    Quote Originally Posted by WrongRecroom View Post
    As I remember in TX it is legal withouth a permit to have a gun locked and loaded in the dashboard etc ...

    But I would think in theory that as long as it was not on you it would not be carried ...

    But I am not a laywer and this is best ask of a lawyer ...Also if your worried maybe get a quick opening car safe that way it would be of "easy accese " and you could still get to it ...
    Texas law allows having a gun loaded or unloaded in the car or boat with or without a CHL, as long as it is concealed. The dashboard would not be my first or last choice of places to put a handgun.

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    Distinguished Member Array Nmuskier's Avatar
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    Quote Originally Posted by Hodad View Post
    Just the opposite in GA. You can have a gun in your vehicle (even w/o carry license), but it has to be in the passenger compartment. If it is in your trunk it is considered illegally concealed (loaded or not) and you are in trouble.
    That would violate federal law.
    ...during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

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    If heading out specifically to drink, personally I'd avoid carrying at all.

    But then, I don't do that. Either one. So, for me it's an easy decision. Benefits to being the permanently designated driver, at such things. Plus, I have no qualms over drinking a soda or orange juice. Quenches the thirst just fine.
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    Carrying is on you. This is transport.

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