Bill DeShivs
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I answered the question according to Tenn. State law.
Leaving firearm in car while drinking? Illegal?
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VA does not allow drinking while conceal carrying in a restaurant with a liquor license, impairment does not enter into that part of the law. There is a separate provision that outlaws being impaired and carrying concealed. The driving while intoxicated statute does have a blood alcohol limit (0.08) but the public intoxication statute does not.
youngunz4life
New member
wally626
yes thank you for clarifying that. You can CCW at all establishments that have a license to serve and/or sell alcohol(whether you can drink or can not drink on the premises), but you must not be drinking or you are guilty of a misdemeanor.
That being said as you stated(refering to the other law you mentioned briefly): if you were violating the law they would have to use that seperate law to determine if you were "over the limit" which is considerably less than DUI which is .08 or higher. They would do this or attempt to do this if you are arrested for the misdeameanor. As well as relaxing on the liquor establishment/CCW laws like many other states, VA also allows CCW in state parks, state forests, national forests, WMA's, and roadside rest areas now just like many other states. I believe VA's kicked in JUL2010.
That's sort of what I was trying to get at when I wrote the above quote originally. It can get complicated like John mentioned and that is how people 'get off' on these arrests and for DUIs sometimes.
yes thank you for clarifying that. You can CCW at all establishments that have a license to serve and/or sell alcohol(whether you can drink or can not drink on the premises), but you must not be drinking or you are guilty of a misdemeanor.
That being said as you stated(refering to the other law you mentioned briefly): if you were violating the law they would have to use that seperate law to determine if you were "over the limit" which is considerably less than DUI which is .08 or higher. They would do this or attempt to do this if you are arrested for the misdeameanor. As well as relaxing on the liquor establishment/CCW laws like many other states, VA also allows CCW in state parks, state forests, national forests, WMA's, and roadside rest areas now just like many other states. I believe VA's kicked in JUL2010.
That's sort of what I was trying to get at when I wrote the above quote originally. It can get complicated like John mentioned and that is how people 'get off' on these arrests and for DUIs sometimes.
youngunz4life
New member
also, I forget to mention...this stuff is a pain to type about cuz its a lot to remember/articulate...john seemed correct.
The reason I say that is basically one beer and you're legally impaired(give or take) while CCW, but it takes about 4beers in 45-60minutes to make a 200lb person blow a .10
basically a beer or two you should be ok but I don't even to one myself because of the smell and incorrect arrests.
The reason I say that is basically one beer and you're legally impaired(give or take) while CCW, but it takes about 4beers in 45-60minutes to make a 200lb person blow a .10
basically a beer or two you should be ok but I don't even to one myself because of the smell and incorrect arrests.
aarondhgraham
New member
Bill DeShivs is correct,,,
I drive a small pick-up truck,,,
I purchased two of the cabled lock boxes.
When I stop after work for a beer,,,
I place the handgun in one locked box,,,
And I place the magazine in the other locked box.
Each key will only open one box,,,
According to Oklahoma law I am transporting,,,
That also alleviates the need to inform an officer I am transporting.
Aarond
I drive a small pick-up truck,,,
I purchased two of the cabled lock boxes.
When I stop after work for a beer,,,
I place the handgun in one locked box,,,
And I place the magazine in the other locked box.
Each key will only open one box,,,
According to Oklahoma law I am transporting,,,
That also alleviates the need to inform an officer I am transporting.
Aarond
Evan Thomas
Inactive
Locked boxes inside the car are a good idea. The problem with putting your gun in the trunk after you get to the bar is who may see you do it; thieves are smart enough to figure out that anything you're putting in the trunk, or under the seat if they can see you do it, is probably worth stealing. Discretion is good.
Stressfire
New member
As of September, Ohio allows carry in "class D" liquor establishments - ie bars& restaurants, provided that carrier is not drinking.
BAC literally cannot even be .01, legal limit to drive is .08.
But I would think that, if you unload, encase, and perhaps have someone else drive, you might be legally fine. Bill DeShivs got it.
But IMO, you are better off sipping a Shirley Temple and inviting the buddies back to the homestead for brewskis.
BAC literally cannot even be .01, legal limit to drive is .08.
But I would think that, if you unload, encase, and perhaps have someone else drive, you might be legally fine. Bill DeShivs got it.
But IMO, you are better off sipping a Shirley Temple and inviting the buddies back to the homestead for brewskis.
aarondhgraham
New member
You must differentiate transport from carry.
Buy two of these cases and you have no problem,,,
With ammunition in one and the empty firearm in the other,,,
You are transporting a gun instead of actively carrying a handgun.
Aarond
Buy two of these cases and you have no problem,,,
With ammunition in one and the empty firearm in the other,,,
You are transporting a gun instead of actively carrying a handgun.
Aarond
If person consumes a beverage which contains alcohol, that does not mean that the person is either impaired or illegal to drive a vehicle.
Personally, my solution is to avoid consuming any alcohol when I go out.
aarondhgraham's suggestion on those lockable containers is good. I have one in each of my vehicles for when I go to the post office or government buildings where carrying is prohibited.
aarondhgraham
New member
How else am I gonna get home from the bar?
Taxi's don't run to where I live,,,
It's a very long walk as well.
Geez Louise people,,,
Bars exist, people imbibe, life goes on.
Aarond
Stressfire
New member
Where do you guys find these wives and where can I get one? Do we need an FFL to transfer those?
I've been trying to find a statute for you, but TN gun law is a mess.
I'm not even sure if your legal to carry in a restaurant that doesn't serve alcohol
Blanket statements make me laugh.
I don't agree completely that guns and alcohol don't mix.
I know many people who I would trust to be my bodyguard completely drunk, retaining full awareness and exceptional decision making ability. I also know people who stone cold sober scare the crap out of me when they just mention they own a gun.
The blanket statement isn't correct for everyone, it is for me, but not everyone. I am intelligent enough to know my own limitations and know I am unable to maintain when soused. No guns with alcohol for me.
You see we as Americans have the right to be adults, at least we used to. But supporting any freeking rule which takes the rights of people to be stupid is stupid.
A responsible adult is exactly that. Why judge a man as if he is dangerous before he is given the chance to prove his intelligence?
I don't agree completely that guns and alcohol don't mix.
I know many people who I would trust to be my bodyguard completely drunk, retaining full awareness and exceptional decision making ability. I also know people who stone cold sober scare the crap out of me when they just mention they own a gun.
The blanket statement isn't correct for everyone, it is for me, but not everyone. I am intelligent enough to know my own limitations and know I am unable to maintain when soused. No guns with alcohol for me.
You see we as Americans have the right to be adults, at least we used to. But supporting any freeking rule which takes the rights of people to be stupid is stupid.
A responsible adult is exactly that. Why judge a man as if he is dangerous before he is given the chance to prove his intelligence?
One of the reasons I read many threads is that it sheds light on my preconceived notions.
Then, when I post something based on those notions, I soon get a quick education on it.
Reading through this particular thread reveals that my opinion about guns and alcohol isn't universally applicable and is based on a fear that probably originates in my distant past.
Personally, I wouldn't carry and drink and wouldn't drive and drink. Getting behind the wheel with even one beer is simply anathema to me, regardless of the legality of it (intoxication threshold being what it is).
Nevertheless, my beliefs are not universally applicable, something which I already know, of course, but obviously, some of the things I've held to for a lifetime still come out and bite me in the gluteous maximus.
As always, thanks for the education, folks.
--Wag--
Then, when I post something based on those notions, I soon get a quick education on it.
Reading through this particular thread reveals that my opinion about guns and alcohol isn't universally applicable and is based on a fear that probably originates in my distant past.
Personally, I wouldn't carry and drink and wouldn't drive and drink. Getting behind the wheel with even one beer is simply anathema to me, regardless of the legality of it (intoxication threshold being what it is).
Nevertheless, my beliefs are not universally applicable, something which I already know, of course, but obviously, some of the things I've held to for a lifetime still come out and bite me in the gluteous maximus.
As always, thanks for the education, folks.
--Wag--
NightSleeper
New member
to the responders: a lot of prudes throwing out offhand statements. There's nothing wrong with a drink or two after work, with friends, etc. Nothing to stop a legal person from carrying a concealed firearm or having one in the car either, as long as one is being responsible.
To the OP and original question: I think some of the people got it right in the responses. You're best bet in a situation like that is unload and lock up your gun in the trunk for the ride home. That's legal transportation of a firearm and in case something unexpected happens on the way home, you can't be hit with a gun charge even in the most "liberal" of states.
To the OP and original question: I think some of the people got it right in the responses. You're best bet in a situation like that is unload and lock up your gun in the trunk for the ride home. That's legal transportation of a firearm and in case something unexpected happens on the way home, you can't be hit with a gun charge even in the most "liberal" of states.
Carry_24/7
New member
If the wife and I go out and plan to drink, the guns stay home. If we drink, it's no more than two each, and we stay out for a couple of hours at least.
The risk of an incident with alcohol, driving and a gun is higher and more likely than an incident requiring a gun.
That's just our personal risk management strategy.
The risk of an incident with alcohol, driving and a gun is higher and more likely than an incident requiring a gun.
That's just our personal risk management strategy.
We've been conditioned as a society to shriek and wail at the idea of drinking and driving. The term pre-supposes intoxication of the classic kind and if a person doesn't demonize it, that person must be an offender himself
And yet, every bar has a parking lot. Life's a funny thing
tony pasley
New member
In most states posesion of a firearm with any acohol in your system is illegal.
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