gun + alcohol question

[big_tiger]

I know you can't carry with any alcohol in your system, but I'm not sure about having a gun in the car. Want to make sure it's not against the law to have alcohol in your system and a gun in the car (not carrying)?

[90lxstangman]

If you get popped for a DWI or even suspicion of and have a firearm in the vehicle that equates to a UCW. Why chance it?

[asphaltjunkie]

It's only illegal if you get caught...


Oh, and stop breaking the law, asshole.



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[Brandon-k]

If you get popped for a DWI or even suspicion of and have a firearm in the vehicle that equates to a UCW. Why chance it?

Just because a person has a beer or 2 does not mean they should be stripped of the right to protect themselves.

That said. A reasonably level of soberness is expected from a responsible, armed, licensed adult.

OP- It's officer discretion from what I understand. Just be smart and safe. Shouldn't be any issue.

[big_tiger]

If you get popped for a DWI or even suspicion of and have a firearm in the vehicle that equates to a UCW. Why chance it?

I said nothing about driving drunk.

[90lxstangman]

Wasn't insinuating you would. You had left it open ended therefore that is my response. It's the officers discretion, just putting it out there.

[ceyko]

Anytime I'm out and about drinking, my weapon is not on me.

I don't know the letter of the law, but I understand trying to be responsible as well as what could happen if out in public, drunk and with a weapon.

Generally, I lock in a safe/lock box in my office or hand it over to a buddy who is not drinking. IMHO, drinking and weapons in a public area are not a good mixture.

[Venix]

The law is about 10 shades of grey on this topic. The penal code reads: there is no legal limit for intoxication. This leaves the charges solely up to the officer. The law also applies for more than just drinking. You can be deemed intoxicated from taking illegal drugs or prescription drugs. No sobriety tests are required; the officer can just make a decision.

Overall, the only time this would happen is if you are clearly intoxicated, and the officer is informed of your pistol.

[Big A]

The law is about 10 shades of grey on this topic. The penal code reads: there is no legal limit for intoxication. This leaves the charges solely up to the officer. The law also applies for more than just drinking. You can be deemed intoxicated from taking illegal drugs or prescription drugs. No sobriety tests are required; the officer can just make a decision.

Overall, the only time this would happen is if you are clearly intoxicated, and the officer is informed of your pistol.

That reads pretty black and white to me, no legal limit means you cannot legally be in possession of a firearm with a .000000001 BAC. The only reason that it is up to the officers discetion is just that it is always their choice on what laws to enforce. Just like getting away with a verbal warning after getting caught for speeding, or not pulling over cars going 1mph over.

The letter of the law, and the enforcement of the law are mutually exclusive.