Car carry and alcohol?

[TheTexasTom]

Great forum topic.

I've got a question from a different perspective, but first allow me to preface my question with the following.

I understand you can't/shouldn't carry/drive while intoxicated.

Now suppose I am out with my wife (I know, shocking) and I am legally carrying in my car with my CHL (and my wife has CHL also). We decide to stop for some drinks. I get intoxicated but she does not, so she drives home.

But wait, the gun is in the car. What do we do, put it in the trunk?

 

[txinvestigator]

If you are intoxicated and you carry a handgun you commit a violation. Penal code 46.035, subsection d does not use the phrase "on or about your person", it just makes it unlawful to "carry" while intoxicated.

As an aside, drinking to a point of intoxication is tactically unsound. By having your gun to begin with, it indicates you are serious about your safety. Drinking to intoxication is the antithesis of that.

 

[ATX_Shawn]

Driving while intoxicated is an offense, so don't drive if you are intoxicated.

If you do drive while intoxicated while carrying you can also be charged with UCW, which is a more serious offense.

Yup.. Dont do it..

I know where you're coming from though.. My solution was a small pistol safe I keep under my seat, If I end up having drinks with dinner, when I get to the car I secure the pistol.

You could also just put it in the trunk.

 

[Charlie]

Keep in mind, if someone is driving while under the influence (with a weapon in the vehicle), gets pulled over for some reason, and is charged with a DUI/DWI, and if and when the car is towed, it will be inventoried and most likely the gun will be found and another charge could be filed. Someone correct me if I'm wrong.

 

[tx_transplant]

As an aside, drinking to a point of intoxication is tactically unsound. By having your gun to begin with, it indicates you are serious about your safety. Drinking to intoxication is the antithesis of that.

Excellent point! Doesn't get into the realm of legalities, but more into sound reasoning. We sometimes get so caught up in what we can and can't do, that we lose sight of should/shouldn't. Not always the same thing.

 

[Rogue]

Nobody answered TheTexasTom's question.

Wife is driving, and sober, car carrying in the glove box, with husband having 4-6 drinks in the passenger seat. Can the passenger get charged with the gun in the glove box for UCW?

 

[Renegade]

Great forum topic.

I've got a question from a different perspective, but first allow me to preface my question with the following.

I understand you can't/shouldn't carry/drive while intoxicated.

Now suppose I am out with my wife (I know, shocking) and I am legally carrying in my car with my CHL (and my wife has CHL also). We decide to stop for some drinks. I get intoxicated but she does not, so she drives home.

But wait, the gun is in the car. What do we do, put it in the trunk?

yes. That is the safest legally. But your wife could put it in her purse, and carry under MPA.

ETA - assuming your wife is not a prohibited person under Fed/Tex law.

 

[txinvestigator]

Nobody answered TheTexasTom's question.

Wife is driving, and sober, car carrying in the glove box, with husband having 4-6 drinks in the passenger seat. Can the passenger get charged with the gun in the glove box for UCW?

Read my answer above. Look at the actual text of the law, then apply the scenario. It is simple

I am not doing EVERYTHING for ya'll.

 

[Bithabus]

Nobody answered TheTexasTom's question.

Wife is driving, and sober, car carrying in the glove box, with husband having 4-6 drinks in the passenger seat. Can the passenger get charged with the gun in the glove box for UCW?

No, because it is his car too and he isn't DWI

 

[Jaywalker]

Well, I think I learned something here. My CHL instructor was one of those "zero tolerance" with alcohol guys; maybe it's a "better safe than sorry" thing with him.

1. I also think I learned that the glove box is "on or about." So, if I'm not carrying on my person, and the firearm is in the glove box, and I have had a drink not nearly impaired or even close to 0.08% BAC, do I have to notify a police officer who asks for my driver's license that I am a CHL holder? (It's in the box, not on me.)

2. Finally, does it make any difference if the glove box is locked?

Again, all scenarios are one drink, < 0.08% BAC.

 

[Bithabus]

Well, I think I learned something here. My CHL instructor was one of those "zero tolerance" with alcohol guys; maybe it's a "better safe than sorry" thing with him.

1. I also think I learned that the glove box is "on or about." So, if I'm not carrying on my person, and the firearm is in the glove box, and I have had a drink not nearly impaired or even close to 0.08% BAC, do I have to notify a police officer who asks for my driver's license that I am a CHL holder? (It's in the box, not on me.)

2. Finally, does it make any difference if the glove box is locked?

Again, all scenarios are one drink, < 0.08% BAC.

One drink, who cares. Go ahead and have a drink.

 

[Jaywalker]

Thanks, Bithabus, but I was hoping for a reading on the legal questions regarding a firearm in the glove box. Do I have to notify a peace officer if it's there, and does the glove box being locked matter?

 

[mosin]

Ok, moving past "color of law" which rarely if ever applies in a jury trial, you have no legal obligation to declare that you are armed during a traffic stop, so if you've had a few beers, may not be a bad idea to refrain from broadcasting that you're armed.

If you dont volunteer that info, and 5-0 finds out about the gun and charges you with a firearm offense, its because you really pissed him off by being a dick or something, or you were more shitfaced than you thought, or had something else going that would give 5-0 probable cause to search your ride.

If youre going out for a few "cobeers", I would LOCK my pistol in the glovebox, a locked glovebox requires an officer to actually obtain a warrant to open it.

They sell these "Alcohawk" doo-hickeys online, Ive even seen em at Office Depot, probably wouldn't hurt you to get one.

Reality is, it all comes down to officer disgression and totality of the incident. Why the officer pulled you over to begin with will greatly effect this. If you dont smell like a brewery of metabolized alcohol, arent driving or acting abnormally and arent being a dick, you probably wont get pulled over to begin with, but if you just got unlucky and got stopped on a license plate light or some shit, in the words of Will Smith in M.I.B, "Don't start nothin, wont be nothin!!"

The following is a completely fictional story told in first person for suspense

If it's legal not to inform this is probably the best route to go, whether you are hammered or legal and one drink in. A few friends and i went out for some pitchers well, dumb nuts decided to drink after saying he'll dd for the night. We were one or two miles, one turn, and two traffic lights from campus. Me and the girl that was with us figured we'd ride along due to be so close rather than being smart and getting a Taxi. He made it to the turn. Got into the turn lane after it changed to a solid white line.

He was a stupid kid, had a Legit ID from Dominican Republic, but the age was wrong. I think he was a few weeks from 21. He was overall an arrogant douche, but always new where some good bars and such were. So he begins arguing with the cop. First over whether or not he was drunk, then over the ID and legality of being able to drive on a Dominican license, then the cop wises up finds his GA license in his wallet. At this point mind you me and the girl were just trying are best not to bust out in laughter, cop asks if we knew he was under age "Oh hell no, shiit he was buying us drinks" He gets booked for DUI, he was friggin hammered as we all were. Call up another friend her and her boyfriend show up. Cop allows her boyfriend to drive dumbasses car back to campus, and we jump in the car for a ride back as well.

He lost his license and all that good stuff, but through this whole ordeal the cop never searched the car. He always had a glock in the glovebox, always. Could've turned out far worse for him.

This was in GA where the laws are similar to here with regards to carrying drunk & you can have a car in the car with no permit, 18 for possession of handgun 21 to purchase etc. etc.

 

[Bithabus]

Thanks, Bithabus, but I was hoping for a reading on the legal questions regarding a firearm in the glove box. Do I have to notify a peace officer if it's there, and does the glove box being locked matter?

You are required to inform according to a rule in the government code but there is no possible penalty if you choose to violate this rule. A gun locked in the glovebox is not being "carried".

 

[txinvestigator]

Thanks, Bithabus, but I was hoping for a reading on the legal questions regarding a firearm in the glove box. Do I have to notify a peace officer if it's there, and does the glove box being locked matter?

Yes. About your person means within your immediate access. If you can lunge and reach it, it is about your person.

 

[Jaywalker]

Okay, thanks.

txinvestigator, I appreciate the context about lunging. It'll help keep all these definitions straight, as well as explaining why having the glove box locked does matter.

 

[40Arpent]

If I can't shoot out the street light in front of the bar in less than 3 shots, I know I have had too much to drink to be carrying.

 

[ZX9RCAM]

If I can't shoot out the street light in front of the bar in less than 3 shots, I know I have had too much to drink to be carrying.

LOL m