Leaving firearm in car while drinking? Illegal?

[Chris_B]

You have done what you stated you WOULD NOT do in making a irresponsible decision. Drinking and then getting behind the wheel and driving.
Duh-Huh!!!!!!!!!

Kind of a gray area here. The law says differently, however, moral compasses in any reasonable person will argue that drinking and driving is wrong. Then we get into how much alcohol impairs a person. A teaspoon? A gallon? Something in between? Then we discuss how the law approaches impaired driving, and we get right back into the fact that the law doesn't say that 'any' amount of drinking and driving is illegal, it sets a measurable limit to determine impairment. Right or wrong, this is what they do

So what I'm saying here is that while you may feel that 'any' amount of drinking and then driving is wrong, the law has a slightly different view; they don't care until you pass a certain limit, be it a field test, BAC, etc. Also, as a corollary, the law on drinking and driving is not to my understanding a model for laws about drinking and carrying a handgun

Just some things to consider.

 

[Don H]

Also, as a corollary, the law on drinking and driving is not to my understanding a model for laws about drinking and carrying a handgun

It sorta is here in Utah. The weapons/alcohol law directly references the driving under the influence law to set the alcohol limit:

76-10-528. Carrying a dangerous weapon while under influence of alcohol or drugs unlawful.
(1) Any person who carries a dangerous weapon while under the influence of alcohol or a controlled substance as defined in Section 58-37-2 is guilty of a class B misdemeanor. Under the influence means the same level of influence or blood or breath alcohol concentration as provided in Subsections 41-6a-502(1)(a) through(c).
(2) It is not a defense to prosecution under this section that the person:
(a) is licensed in the pursuit of wildlife of any kind; or
(b) has a valid permit to carry a concealed firearm.

41-6a-502. Driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration -- Reporting of convictions.
(1) A person may not operate or be in actual physical control of a vehicle within this state if the person:
(a) has sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test;
(b) is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; or
(c) has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control.
(2) Alcohol concentration in the blood shall be based upon grams of alcohol per 100 milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol per 210 liters of breath.
(3) A violation of this section includes a violation under a local ordinance similar to this section adopted in compliance with Section 41-6a-510.
(4) Beginning on July 1, 2012, a court shall, monthly, send to the Division of Occupational and Professional Licensing, created in Section 58-1-103, a report containing the name, case number, and, if known, the date of birth of each person convicted during the preceding month of a violation of this section for whom there is evidence that the person was driving under the influence, in whole or in part, of a prescribed controlled substance.

Note that blood or breath alcohol level is not the sole criteria for determining whether one is carrying while under the influence.

 

[Tredsurfacing]

Drinking and Carrying

I called my local state police for the answer and although he said that everything is case dependent he also did mention that you could be charged with negligence use of a fire arm. In the state of New Mexico it is part of the negligence use law if you were to be out having beer and were to get pulled over with the gun in your vehicle.

 

[Young.Gun.612]

Where in his op did he say he was going to get drunk? He said have a drink. I dunno about you, but I can usually have a beer or two, maybe even three without being intoxicated. Will it register on a brethalyzer? Sure. Would I be drunk? No.

Op, look into your states laws regarding the legal limit of intoxication while carrying. In Minnesota the limit is .04.

 

[JustThisGuy]

+1 to Vanya's comments.

It is never wise to park, open the trunk, place any object in the trunk, close the trunk and walk away. This is an open invitation to thieves to steal whatever you thought was valuable enough to protect in the trunk.

Recommended behavior is: Stop before the final stop (out of sight from the final stop). Place gun in trunk. Drive the last bit and park.

No amount of "watching" the car will keep it safe. You don't watch the car when drinking or dining with friends, you watch the friends and maybe occasionally glance at the car.

Nobody wants to have a gun stolen from their car.

 

[Aguila Blanca]

I think that the general consensus is that I should unload the firearm and store it in the trunk. Thanks for the advice!

That's certainly a "safe harbor" approach but, IMHO, the real answer lies in the state law rather than on an Internet forum.

You have stated that you don't drink to excess, so the real question boils down to the way your state law is worded. If it says you can't carry a firearm while "under the influence" then you are subject to the same blood-alcohol limit that applies for driving. If the statute is worded more generally, then perhaps any carry after having even one drink is prohibited ... but I doubt this is the case, because then the question becomes, "For how long after?" One hour? Two hours? Four? Eight?

 

[Tom Servo]

This thread petered out 7 months ago, before being resurrected for no good reason.