Alcohol / Vehicle / Pistol question, attn LEO also......

Alcohol / Vehicle / Pistol question, attn LEO also......

This is a discussion on Alcohol / Vehicle / Pistol question, attn LEO also...... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I have a questions regarding a specific driving situation, I live in Florida. Here's the scenario: My fiance and I travel about 45 minutes (each ...

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Thread: Alcohol / Vehicle / Pistol question, attn LEO also......

  1. #1
    Member Array claybreaker0's Avatar
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    Alcohol / Vehicle / Pistol question, attn LEO also......

    I have a questions regarding a specific driving situation, I live in Florida. Here's the scenario:

    My fiance and I travel about 45 minutes (each way) at least one night of the weekend to a place to party, dance, drink etc. I normally drive the way up, XD in the console next to me, and I have my CWP. Because my fiance is the most wonderful woman in the world, and does not drink alochol, she always drive's home (happens to be around 3am). And yes this is because I am too intoxicated to drive. (not that it is super cool to get drunk, but I'm 25 years old and am getting married in 6 months and am still enjoying myself before it's time to settle down for children).

    So my question is, what should I do with my XD? My fiance is awaiting her CWP (since February) so she can't put it in her purse. What I have been doing is taking the round out of the chamber, putting the magazine in the center console, and the pistol in the glove box. These are just in case measures, but I am trying to find the specific law for Florida. I know I can not be in possesion of a firearm while under the influence (not that I'm sloshed and rediculous, but over the legal limit). So if she is in the drivers seat, and I'm in the passeger, I have access to the firearm....is there another way to handle this? With out having to leave my gun at home of course. Thanks for the info.
    "Being armed gives you options"

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  2. #2
    Senior Member Array JohnK87's Avatar
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    Get her permit. Don't drink and carry.
    ‎An enemy of liberty is no friend of mine. I do not owe respect to anyone who would enslave me by government force, nor is it wise for such a person to expect it. -- Isaiah Amberay

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    .is there another way to handle this? With out having to leave my gun at home of course.
    No, there is not.

    You admitted that you get too intoxicated to drive, so by extension, you are too intoxicated to handle a firearm.

    Leave the gun at home.


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

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    Terry

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    Ex Member Array NavyLT's Avatar
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    Just put the gun in the glovebox and leave it loaded.

    http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=& URL=Ch0790/SEC25.HTM&Title=->2008->Ch0790->Section%2025#0790.25

    790.25 Lawful ownership, possession, and use of firearms and other weapons.--

    (5) POSSESSION IN PRIVATE CONVEYANCE.--Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012.
    790.001 Definitions.--As used in this chapter, except where the context otherwise requires:

    (16) "Readily accessible for immediate use" means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.

    (17) "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.

  5. #5
    Senior Member Array rolyat63's Avatar
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    Quote Originally Posted by claybreaker0 View Post
    I have a questions regarding a specific driving situation, I live in Florida. Here's the scenario:

    My fiance and I travel about 45 minutes (each way) at least one night of the weekend to a place to party, dance, drink etc. I normally drive the way up, XD in the console next to me, and I have my CWP. Because my fiance is the most wonderful woman in the world, and does not drink alochol, she always drive's home (happens to be around 3am). And yes this is because I am too intoxicated to drive. (not that it is super cool to get drunk, but I'm 25 years old and am getting married in 6 months and am still enjoying myself before it's time to settle down for children).

    So my question is, what should I do with my XD? My fiance is awaiting her CWP (since February) so she can't put it in her purse. What I have been doing is taking the round out of the chamber, putting the magazine in the center console, and the pistol in the glove box. These are just in case measures, but I am trying to find the specific law for Florida. I know I can not be in possesion of a firearm while under the influence (not that I'm sloshed and rediculous, but over the legal limit). So if she is in the drivers seat, and I'm in the passeger, I have access to the firearm....is there another way to handle this? With out having to leave my gun at home of course. Thanks for the info.
    Actually in FL you can be drunk and posess but in trouble if you use it. If the gun is "securely encased" in the car then you/she is legal w/o a permit. Click the link below, go to the statutes click on View enire chapter and then search for "alcohol" you should find all of the answers you need.

    Its your responsibility to know the laws of the state you have a firearm in especially if you have a permit. I find that after reading them through a time or two then using the search feature for key words to be invaluable.
    rolyat63
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    FL Concealed Weapon or Firearm Program

  6. #6
    Member Array Blakestr's Avatar
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    If you got a car safe that only she had the combination to, you might be okay, since technically only she has access to it but nothing is certain these days...

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    Senior Member Array Frogbones's Avatar
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    While I'm not one to be "on the strait and narrow", I have to agree with above mentioned with just leave in the car.

    I do that when I plan to have a drink....or few. As I park I'll put it in glove box *lock* then head on. Come back to car...*unlock* and leave it there 'till I get home.


    Somtimes when out and having drinks with buds....... I'm not driving nor using my car....I'll just carry a weapon other than a firearm.

  8. #8
    Ex Member Array NavyLT's Avatar
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    It is not illegal for you to have access to the gun while under the influence of alcohol:

    790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.--

    (1) As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge.

    (2) For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand.

    (3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.

    (4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

    (5) This section does not apply to persons exercising lawful self-defense or defense of one's property.

    Now, the act of you placing the loaded gun in the glovebox, while intoxicated, would be illegal for the period of time that you had the loaded gun in your hand. She should do that.

  9. #9
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    I would just not get drunk
    “You can sway a thousand men by appealing to their prejudices quicker than you can convince one man by logic.”

    ― Robert A. Heinlein,

  10. #10
    Senior Member Array Divebum47's Avatar
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    Leave the alcohol alone or leave the gun at home. There's really only one intelligent option, but if you choose to ignore the former, follow the latter.
    "Never underestimate the power of stupid people in large groups"

  11. #11
    Senior Member Array Frogbones's Avatar
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    Quote Originally Posted by pgrass101 View Post
    I would just not get drunk
    yeah...I can't stand being drunk anymore......blahh...it hurts.

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    VIP Member Array David in FL's Avatar
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    Let's just answer the question here.......

    NavyLT is absolutely correct......

    Leave it in the console. Both you and she are perfectly legal by doing that. She, because it's a legal method of vehicle carry whether she has a permit or not. You, because the only prohibition regarding concealed carry and alcohol in FL is that you not have the loaded weapon in your hand while under the influence........even then, there's an exception made if it is used pursuant to lawful self defense.

    "Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

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  13. #13
    Ex Member Array NavyLT's Avatar
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    Thanks! I always appreciate it when local residents back up what I find regarding laws in other states (and when I get corrected as well!)

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    VIP Member Array AllAmerican's Avatar
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    In SC it is illegal to use a firearm (use as in discharge a round) while intoxicated. But, it is not illegal to use a firearm in self defense while intoxicated.

    You know what you need to do and have been told here. Leave the weapon loaded and in the glovebox.

    I see no reason for you to be defenseless just because you're intoxicated.

    No, I am not advocating for mere mortals to get drunk and carry since mere mortals can in no way shape or form be sensible and not shoot everything up when they have been drinking.

    NavyLT's post has your answer. Dave's follows that up.

    Is it responsible gun ownership for you to be drinking and carry? Only you know the answer to that IMO.
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  15. #15
    Ex Member Array NavyLT's Avatar
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    Quote Originally Posted by AllAmerican View Post
    In SC it is illegal to use a firearm (use as in discharge a round) while intoxicated. But, it is not illegal to use a firearm in self defense while intoxicated.

    You know what you need to do and have been told here. Leave the weapon loaded and in the glovebox locked.

    I see no reason for you to be defenseless just because you're intoxicated.

    No, I am not advocating for mere mortals to get drunk and carry since mere mortals can in no way shape or form be sensible and not shoot everything up when they have been drinking.

    NavyLT's post has your answer. Dave's follows that up.

    Is it responsible gun ownership for you to be drinking and carry? Only you know the answer to that IMO.
    Why locked? That greatly increases the probability that the gun will not be available in enough time in a self defense scenario.

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