Is this Concealed Carry with Alcohol?

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Ilm

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So... we all know we can't consume alcohol and carry.

The law seems vague on this. Lets say I go out to dinner and have a drink. Just one. Before having the drink, I secure the handgun in a locked compartment in my trunk.

After dinner, I get pulled over. Am I concealing a handgun with alcohol on my breath OR am I ok since it is secured in the trunk?
 
I’m no lawyer but I’ve always thought of this as “don’t be in possession of a firearm outside of your home with alcohol in your system”. So your scenario would be a no-go for me.

Curious what others have to say and what GS they can quote.
 
You’re going to get many heated opinions on this, to which I question whether you’re asking with integrity.

Per NC statute, no you can not concealed carry and consume alcohol. There is no explicit statue regarding open carry. Therefore because it’s not prohibited, open carry and consumption is NOT prohibited. Therefore, if you go to dinner, have a beer, get stopped and place your pistol on the dash such that it’s compliant with the open carry statues, you are legal.

let me also say, as Massad Ayoob put it, not an exact quote, but, if you can’t be trusted to carry after having a few beers, you can’t be trusted to carry, period.
 
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Ilm said:
So... we all know we can't consume alcohol and carry.

The law seems vague on this. Lets say I go out to dinner and have a drink. Just one. Before having the drink, I secure the handgun in a locked compartment in my trunk.

After dinner, I get pulled over. Am I concealing a handgun with alcohol on my breath OR am I ok since it is secured in the trunk?
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Youll be just fine with it in the trunk.

The concealed firearm laws in this state have two elements to it: the firearm has to be both concealed and on or about your person.
If it is in the trunk, it is concealed, but it is not on or about your person, therefore not in violation of the law.



I wont speak on the open carry while consuming aspect because I have not researched it.
 
Mitch Rapp said:
Youll be just fine with it in the trunk.

The concealed firearm laws in this state have two elements to it: the firearm has to be both concealed and on or about your person.
If it is in the trunk, it is concealed, but it is not on or about your person, therefore not in violation of the law.
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Red Marley said:
Locked in a case, in a part of the vehicle you can’t reach, you’re OK.
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Like they said above, in the trunk you are good. It’s not readily accessible. If your vehicle does not have a separate trunk like a SUV. Then place it in a locked container/case in the furtherest area away from you. Even better if the locked container is secured to the vehicle and cannot be moved from that location.
 
Have the gun unloaded and visible if you are that worried. It only becomes a problem if you are over the limit. Otherwise, act as you normally would while carrying a pistol in plain sight while driving.
 
I think the statute addresses concealed carry and any alcohol consumption very clearly, in that it is forbidden.

There appears to be nothing that I can find in the statute suggesting alternatives.

Please elucidate me/us if there is more in the statute.
 
fieldgrade said:
I think the statute addresses concealed carry and any alcohol consumption very clearly, in that it is forbidden.

There appears to be nothing that I can find in the statute suggesting alternatives.

Please elucidate me/us if there is more in the statute.
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I think it’s more of what is considered concealed carrying in general, in a vehicle. Which people apply to the question of doing so while driving after having a beer.

I don’t believe there is anything that specifically covers driving under the limit while storing weapons in the car. It’s just an extrapolation.

A blurry one at that.
 
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from 14.415.11
(c2) It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in the person's body any alcohol or in the person's blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person's blood was lawfully obtained and taken in therapeutically appropriate amounts or if the person is on the person's own property.

That should resolve any confusion about legal limits, here the measure is “any” alcohol in the system.

14.269 deals with concealed, saying “(a1) It shall be unlawful for any person willfully and intentionally to carry concealed about his or her person any pistol or gun except in the following circumstances:”

I read this as willfully and intentionally concealed AND about his or her person. On the car seat or dash is not concealed. In the trunk is not about his or her person. In a glove box or console is concealed and about the person.

Putting them together, if you have a beer you can still open carry.
 
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GymB said:
from 14.415.11
(c2) It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in the person's body any alcohol or in the person's blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person's blood was lawfully obtained and taken in therapeutically appropriate amounts or if the person is on the person's own property.

That should resolve any confusion about legal limits, here the measure is “any” alcohol in the system.
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It also measures what concealed carry is. I believe OP really meant to ask how he can carry a weapon in his vehicle after having a drink while having a legal blood alcohol level.

It is legal to carry weapons in the trunk without a carry permit, therefore it’s not considered “concealed carrying”.
 
GymB said:
from 14.415.11
(c2) It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in the person's body any alcohol or in the person's blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person's blood was lawfully obtained and taken in therapeutically appropriate amounts or if the person is on the person's own property.

That should resolve any confusion about legal limits, here the measure is “any” alcohol in the system.
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concealed is the operative term here i think.

What is the alternate to concealed in the statutes. I don’t believe it’s described or expressed anywhere.

edit: unless @barf interpreted it correctly
 
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@barf and @fieldgrade see the second half of my post. You were drafting replies while I was supplementing. I think we all got to the same place.
 
www.uslawshield.com

Should You Leave Your Gun At Home? | North Carolina - U.S. LawShield

North Carolina has many varying carry laws depending on who governs the property. Don't assume you can legally carry. You can carry at... Read more now!
www.uslawshield.com www.uslawshield.com

Here's what USLawshield has to say. Somewhere in all that NCGS stuff, or in the pdf put out while our current guv was AG, there is a cite that says it doesn't matter whether a gun is loaded or not loaded in NC.
 
Ilm said:
So... we all know we can't consume alcohol and carry.

The law seems vague on this. Lets say I go out to dinner and have a drink. Just one. Before having the drink, I secure the handgun in a locked compartment in my trunk.

After dinner, I get pulled over. Am I concealing a handgun with alcohol on my breath OR am I ok since it is secured in the trunk?
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simple answer "yes, you are ok"
If the weapon is locked away for its protection you are NOT "carrying concealed"
 
11. FOR PURPOSES OF CARRYING CONCEALED WEAPONS, DOES IT MAKE A DIFFERENCE IF THE WEAPON INVOLVED IS UNLOADED? ANSWER: No. General Statute § 14-269 does not specify whether the weapon has to be loaded or unloaded. Rather, you look at the location of the weapon to determine whether or not it was concealed.


Not really law, but Cooper's interpretation from 2003 when he was AG. The same dofus who vetoed the PPP repeal.
 
barf said:
It is legal to carry TRANSPORT weapons in the trunk without a carry permit, therefore it’s not considered “concealed carrying”.
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I think that makes it a bit clearer.
 
I got pulled over by a chapel hill cop decades ago. He asked me to get my registration. I told him it was in the glove box, and I did not want to open it b/c of what is in there. He I guess thought "drugs" and so I handed him the keys and said "no, I am giving you the keys and my permission to open it. *I* just don't want to open it, for your safety. I was a real novice about guns back then and thought this was "better." Some cops are smart, and others not so smart, but this guy was just boneheaded stupid. He kept going on about "what is in there you don't want me to see?" and I finally said "Officer, there is a loaded pistol in there. That is why it is locked." I swear he backed up, and put his hand on his pistol, and said "WHY ARE YOU CARRYING THIS THING AROUND A WEAPON CONCEALED?" I told him that no, NC law specificallyl states that if the weapon is locked away for its protection that I am NOT "carrying concealed."
Later in the conversation, he apologized and said I did right by not just reaching in and taking the weapon out unannounced or something.
I have since learned that this is not the right way to deal with that situation, either, but I was very much younger. I think this was the first handgun I ever bought.
 
Follow up… if we’ve secured it somewhere, concealed but inaccessible (I’d be wary about a locked glovebox being inaccessible) say our trunk, do we still have a duty to disclose to the officer?
 
Mathieu18 said:
Follow up… if we’ve secured it somewhere, concealed but inaccessible (I’d be wary about a locked glovebox being inaccessible) say our trunk, do we still have a duty to disclose to the officer?
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As has been posted above, if the gun is secured in an inaccessible location, not on or about your person, you are not carrying concealed; therefore there is no duty to disclose. If I am asked for license and registration, I’d include my concealed carry permit (because I believe they may already know, having run my tags) and if the gun is secured in an inaccessible location, say “I am not armed”. Not required to volunteer information, but be truthful if asked.
 
remember, you have a 5A. if you're carrying after drinking, you are not legally required to disclose that you are carrying concealed.
But that won't get you far if the cop decides to direct you out of the car and search you "for officer safety"
 
As @dmarbell pointed out, none of the regulations I’ve read specify loaded or unloaded…so that’s not even part of the equation. Not for this particular question, or any of the others that get asked.
 
DrScaryGuy said:
Never talk to police?
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You have a good point @DrScaryGuy. I guess what I would do depends on the situation. If was transporting a gun secured in an inaccessible location, and was asked at a traffic stop if I had a gun in the car, I think I would say so — if asked. Seems like obfuscating might escalate the situation, and I’d just want to get on with my day.
 
Red Marley said:
You have a good point @DrScaryGuy. I guess what I would do depends on the situation. If was transporting a gun secured in an inaccessible location, and was asked at a traffic stop if I had a gun in the car, I think I would say so — if asked. Seems like obfuscating might escalate the situation, and I’d just want to get on with my day.
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I've told the story before - i cooperated ONCE while doing nothing illegal. and it became a 10 month court case with Michigan v Me, with my degrees on the line.
Now i grudgingly do the bare minimum, and sometimes less than that.
 
DrScaryGuy said:
remember, you have a 5A. if you're carrying after drinking, you are not legally required to disclose that you are carrying concealed.
But that won't get you far if the cop decides to direct you out of the car and search you "for officer safety"
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I’ve been waiting for days, but I’m getting the shakes so can’t wait longer.

When you apply for a CHP you agree to comply with certain requirements, one of which is to notify a LEO with whom you have an interaction. By applying you have waived the 5a for this limited purpose. If you are carrying and fail to inform you’ve broken the law. If asked and you deny it you’d better have a damn good poker face. Better to open carry or not carry if you’ve had a drink.
 
GymB said:
I’ve been waiting for days, but I’m getting the shakes so can’t wait longer.

When you apply for a CHP you agree to comply with certain requirements, one of which is to notify a LEO with whom you have an interaction. By applying you have waived the 5a for this limited purpose. If you are carrying and fail to inform you’ve broken the law. If asked and you deny it you’d better have a damn good poker face. Better to open carry or not carry if you’ve had a drink.
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Preach.
 
GymB said:
Better to open carry or not carry if you’ve had a drink.
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I agree, but still contend that transport and carry are not synonymous. Locked in the trunk is not carrying by any definition.
 
Gaston said:
Just drink at home. Drinks are cheaper and you have access to unlimited entertainment without the anxiety of risking a DUI.
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I absolutely agree. If I go out, Im carrying, and I just don't drink. No questions asked.
 
Gaston said:
Just drink at home. Drinks are cheaper and you have access to unlimited entertainment without the anxiety of risking a DUI.
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that's my #1 option

still, just because you have a carry license doesn't mean you waive your constitutional rights. If you are legally carrying, yes, disclose by all means. if you are illegally carrying, ESPECIALLY if doing so will put you at risk of a felony, be polite in asserting that you are exercising your 5a right. worst case scenario, you're still getting hit with the felony charge. best case, the cop lets you off. possible case, you wind up in a court fight because the cop exceeded his authority, violated your rights, and the evidence gets tossed.
 
I like the 5th amendment, and the 4th.
I believe they can still ask you out of the vehicle and/or frisk you for officer safety, but if it's not on me, not visible, and I'm not sure if I am in compliance with the law I'm not talking about it, and in such and almost every case I'm not consenting to vehicle searches. Sure they can fabricate PC, but that's not real common, ADAs I know really hate having to dismiss cases for bad searches and make it known when they have to.
 
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