Carrying after a drink?

[stewmaker]

Scenario.......live in NC, going out to dinner and wasn't planning to have a drink with my meal but do. My gun is in the car and I have to drive home. What would you do in this scenario?


I would think its acceptable/legal to put the gun in the trunk and magazine in the locked glove box? C
Legal or illegal?

[outsiderarms]

Well it depends on your state laws. I see no problem as long as the gun is in the trunk and mag in the glovebox. The police and state law may say diffrent. If you are carrying or have posession of the gun it probably wouldnt be wise to have a drink

[Firefighterchen]

Depends on state law, navy will be here to inform you of that at some point. if its legal, then its up to you whether or not you want the option to defend yourself or not. If its illegal, then there really isn't a question.

If you don't feel comfortable enough to carry after having a drink, why are you driving?

[stewmaker]

In NC it is illegal to conceal carry after consuming an alcohol drink. But my question, is it considered concealed carry if the gun is in the trunk and mag in the glove box?

[Sh00tn Butt]

check with these folks over at NCGO .. there should be someone who know the laws inside and out ..
North Carolina Gun Owners - COPPA Compliance

[Firefighterchen]

www.handgunlaw.us

"RV/Car Carry Without A Permit/License Transporting Weapons

Roy Cooper Attorney General

Given this general prohibition of carrying concealed weapons, individuals must be ever vigilant to ensure that their particular situation cannot be construed as concealing a weapon either on or about them without being properly authorized to do so with a valid North Carolina concealed handgun permit. Therefore, the person's accessibility to the weapon is of prime importance. It is for these reasons, that when transporting a weapon in a vehicle, even greater care must be exercised to ensure that the weapon is not concealed and within the ready access to an occupant of the vehicle. North Carolina law does not specifically address how to transport a weapon in an automobile. Therefore, the central question becomes: when is the weapon concealed and readily accessible to an occupant of the automobile? Obviously, a weapon would be concealed and readily accessible, and therefore in violation of our law, if it were placed in such areas of a vehicle as under the seat of the automobile; in a bag in the back seat; in an unlocked glove compartment; or in some other manner is covered or hidden within the easy reach of an occupant of the vehicle. A previous opinion from this office was that a weapon would not be concealed if it were placed in a locked glove compartment, unless the key to the glove compartment was in the lock and the person was in close proximity and had ready access to it. A concern with this mode of transportation however is that it is quite susceptible to different interpretations, based on the various factors involved. Therefore, this may not be the most legally defensible method of transporting a weapon, and is discouraged. While a weapon carried openly in an automobile would not be concealed, there are other problems attendant to this method of carrying a weapon. The principal drawback, of course, is in the event of a person being stopped by a law enforcement official, the officer may not readily know that person's purpose and intent for carrying a weapon. As such, it is imperative that a person immediately notify an officer of the presence of any weapon in the automobile, for the officer's and the vehicle's occupants' safety. Another obvious drawback is that a valuable weapon may be in plain view for potential thieves to see. The prohibition to carrying concealed weapons applies not only to handguns and other weapons commonly thought of as being easily hidden, but also to "long guns" as well. Therefore, shotguns and rifles concealed behind the seat of pickup trucks, and elsewhere in other vehicles, could similarly violate our law. As to those vehicles with no easily discernible trunk area, for example vans, the question turns on a factual determination of when the weapon is within ready and easy access to an occupant of the vehicle. If the weapon is concealed near, in close proximity to, or within the convenient control and access of an occupant, which would allow him to use the weapon quickly, then a fair probability exists that the occupant is in violation of the law. Therefore, care must be exercised by any occupant of a vehicle to ensure that the weapons are securely locked away in as remote an area as possible in relation to the passenger compartment of the vehicle. It is important to emphasize that these prohibitions apply to passengers, as well as the driver of a vehicle.

From: NC Firearms Laws By AG

Note: In NC you can carry the firearm loaded and in your vehicle without any type of permit/license as long as it is visible. The law says you can’t conceal it. So keep it in the open and you are legal"

Tricky situation. Do you have a permit?

it looks like the firearm has to be in plain view if you are transporting it, to be completely legal without a permit. If you can not possess a firearm after a drink at all, then it doesn't matter if its open or concealed. The attorney general though has more of a common sense view, where concealing has to be accessible for it to be against the law. So if you have your permit, its only considered concealed if you can readily access it. More input from better informed NC residence well help.

[muccione]

I challenge anyone to find a law that says you can't open carry after having a drink. Concealed carry is very different. No alcohol can be in your system, period. Now is it a good idea to carry after drinking. That is your decision. I wouldn't do it. If your really concerned about it call the attorney general. Don't ask a cop. You'll only get his opinion and not law.

[BC1]

Depends on your state law. However one must understand that if the gun is used and you have ANY alcohol in your blood it may affect your defense in a civil proceeding if sued.

Only an attorney could advise you properly. We can't. From the NRA...

Never use alcohol or over-the-counter, prescription or other drugs. Alcohol, as well as any other substance likely to impair normal mental or physical bodily functions, must not be used before or while handling or shooting guns.

Enough said.

[MCMXI]

Minnesota law is an alcohol concentration of .04 or greater. With that in mind, I'll have a beer or glass of wine with my meal while I'm carrying. Know your state statutes and abide by them, and you'll be fine.

[Firefighterchen]

I don't believe he is asking about drinking and carrying. I made that mistake on my first post as well. He wants to know if the gun being in the trunk, with magazines in the glove compartment, is considered concealed. Since they have a zero tolerance for alcohol and concealed carry, is that method of transportation considered concealed carrying?