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EastSideRich
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Post subject: Drinking while carrying Posted: Sun Jan 11, 2009 9:07 pm |
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Joined: Sun Oct 26, 2008 3:47 pm Posts: 41 Location: Greater East Side
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What's the criteria for "carrying" a hand gun?
I guess my specific question is what should one do (upon leaving) if they go somewhere, say a friend's house, and have a few drinks and don't want to take any chances on the ride home?
Does the gun need to be unloaded?
Does it need to be locked up?
Is the glove box ok?
Legal BAC is still <.04, right?
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Timothy Nelson
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Post subject: Posted: Sun Jan 11, 2009 9:22 pm |
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Senior Member |
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Joined: Wed May 10, 2006 2:40 pm Posts: 379 Location: Hopkins
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I'd just leave it at home, secured. Yes, you can carry @ <0.04, perfectly legally as you know, although, well, if I plan to drink and "carry" I prefer to stay at home. That way, there's nothing to worry about.
If an officer truly wanted to screw with you and give you a hard time if there were an encounter, they surely could. It going beyond that, would be small, though (ideally, of course) since you would be "within the limit."
_________________ Best,
Timothy
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JimC
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Post subject: Posted: Sun Jan 11, 2009 9:29 pm |
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Joined: Sat Jul 22, 2006 4:56 pm Posts: 1109
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LEAVE IT AT HOME TO BEGIN WITH!!!!!!
If you're going to drink, Lock the gun up!!!!! Stay away from guns & booze!!!
Your life & others depend on it.
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EastSideRich
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Post subject: Posted: Sun Jan 11, 2009 9:55 pm |
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Joined: Sun Oct 26, 2008 3:47 pm Posts: 41 Location: Greater East Side
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Just to avoid the "leave it at home" responses, let me re-phrase the question.
Hypothetically, assume you are carrying and somehow you are force-fed three or four drinks by an assailant who then flees before you have a chance to shoot him. What do you do for the ride home?
But seriously, What do you do if you've had a few and are unsure if you are over .04? Is unloading it and leaving it in the glove box enough, or are you still carrying at that point?
I'm sure I'm not the only one here who has been in situations where they have had a couple or few while carrying. I don't want to have a run in with a cop where I blow a .041 with a pistol on my hip, so I would like to know what one should do in this situation. I know you could always just wait a while to make sure you are under the legal limit, but don't want to really chance my ability to gauge my BAC in this situation.
I just want to reiterate, .04 is not really even impaired - from what I understand, an adult male can be at this level after two drinks. I'm not talking about getting completely $#!*faced, I'm asking what one should do if they find themselves in a situation where the have had two or three drinks. I appreciate all the "leave it at home" suggestions, but some times it just works out that way (one leads to two and two leads to three, etc.).
Last edited by EastSideRich on Sun Jan 11, 2009 10:02 pm, edited 1 time in total.
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macphisto
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Post subject: Posted: Sun Jan 11, 2009 9:59 pm |
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Longtime Regular |
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Joined: Thu Sep 14, 2006 10:00 pm Posts: 1013 Location: North Suburbs
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Consider your carry permit null-and-void during any period in which you're over .04. It's illegal for someone without a permit to have a pistol in the glove box. Unloaded, cased, and in the trunk is the way to go.
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RLS59
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Post subject: Posted: Sun Jan 11, 2009 10:02 pm |
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Senior Member |
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Joined: Tue Jan 24, 2006 12:24 pm Posts: 158 Location: Rochester
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If you don't have a case, unload it and place it in the trunk and your good to go.
_________________ "I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do these things to other people, and I require the same from them." John Wayne (The Shootist)
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EastSideRich
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Post subject: Posted: Sun Jan 11, 2009 10:04 pm |
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Member |
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Joined: Sun Oct 26, 2008 3:47 pm Posts: 41 Location: Greater East Side
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Thank you, much appreciated. Trunk it is if the situation ever arises again.
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mnmike59
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Post subject: Posted: Sun Jan 11, 2009 11:02 pm |
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Senior Member |
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Joined: Wed Dec 31, 2008 6:49 pm Posts: 105
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I will on occasion have ONE (1) beer when I'm carrying. But thats it. Water after that.
I understand your question and yes it would be considered carrying if its loaded/unloaded and anywhere in the vicinity that you can get at it.
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mitchx3
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Post subject: Posted: Sun Jan 11, 2009 11:53 pm |
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Joined: Mon Nov 20, 2006 9:16 pm Posts: 263 Location: mn
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I would suggest leaving it in the holster when putting in the trunk, more so if this is after the couple drinks. Clearing a weapon after drinking seems like a worse idea than carrying it if you weigh the physical dangers against the legal dangers.
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Macx
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Post subject: Posted: Mon Jan 12, 2009 12:18 am |
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Longtime Regular |
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Joined: Thu Oct 13, 2005 12:37 pm Posts: 1757 Location: Whittier
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I'd vote for put the gun someplace smart (like your friend's gunsafe) and stay over . . . go ahead and have a great time and leave the drive home for the following day and full sobriety.
This isn't one you want to roll the dice on, if it isn't a friend upon whose couch you can crash . . . . figure out ahead of time how much you can safely have based on the pretty standard
And bear in mind that the drinks per hour don't leave your system like clockwork. Set a Drinks Not to Exceed (like VNE on an airplane) limit and stick to it. IANAL and all that, but bear in mind that screwwing up on the .04 & carry thing will be a pretty hard to refute reason for your permit not to be renewed when that time comes. You are better of to neither carry nor drive beyond .04, but admittedly that is my opinion.
Quote: I would suggest leaving it in the holster when putting in the trunk, more so if this is after the couple drinks. Clearing a weapon after drinking seems like a worse idea than carrying it if you weigh the physical dangers against the legal dangers. Spot on, well said.
_________________ Crime is contagious. If the government becomes a
lawbreaker, it breeds contempt for law; it invites every man to become
a law unto himself; it invites anarchy .” Olmstead v. U.S., 277 U.S. 438
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mnglocker
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Post subject: Posted: Mon Jan 12, 2009 2:10 am |
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Longtime Regular |
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Joined: Wed Jul 19, 2006 12:04 pm Posts: 1682 Location: Wright County
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mnmike59 wrote: I will on occasion have ONE (1) beer when I'm carrying. But thats it. Water after that. I understand your question and yes it would be considered carrying if its loaded/unloaded and anywhere in the vicinity that you can get at it.
That's my M.O. if I'm going to have a tastey barley pop with dinner.
_________________ Get Off My Lawn.
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joelr
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Post subject: Posted: Mon Jan 12, 2009 6:38 am |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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JimC wrote: LEAVE IT AT HOME TO BEGIN WITH!!!!!!
If you're going to drink, Lock the gun up!!!!! Stay away from guns & booze!!!
Your life & others depend on it. That's not a horribly wrong thing to do, but . . .
I'm going out to dinner with my wife, say, at a nice restaurant in downtown Minneapolis. I'm planning on having a glass of wine with dinner -- been known to do that. The notion that I'm doing something more risky by carrying my gun with me than I am by leaving it at home is not exactly obvious to me. It's clearly not unlawful in MN -- I'm not going to be anywhere near .04.
If it's so obviously such a bad idea, could you, like, fill in the dots and explain why?
_________________ Just a guy.
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jdege
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Post subject: Posted: Mon Jan 12, 2009 7:20 am |
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Longtime Regular |
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Joined: Thu Aug 25, 2005 7:23 pm Posts: 1419 Location: SE MPLS
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joelr wrote: If it's so obviously such a bad idea, could you, like, fill in the dots and explain why?
There are people for whom a plan to have only one drink is predestined to fail. If there's some question over your ability to stop at one, or of your ability to say "no thanks" when your friends starts pushing you to have a second, then you should plan your evening appropriately.
But if you are, like me, confident in your ability to stop at one, I don't see a problem.
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Pakrat
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Post subject: Posted: Mon Jan 12, 2009 8:02 am |
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Forum Moderator/<br>AV Geek |
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Joined: Mon Aug 08, 2005 11:56 am Posts: 2422 Location: Hopkins, MN
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Alcohol is one of those subjects that may need to be taught (to the masses) by saying "NO ALCOHOL=NO GUN. but, one or two is ok." If taught as "you can have 1 or 2", then there will be those that think 'if one or two is fine, then three and four are ok too.'
I'm of the persuasion that it's fine to have alcohol around guns as long as you are responsible and go an extra mile to ensure that you are following the safety rules. Less is certainly better in public.
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Andrew Rothman
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Post subject: Posted: Mon Jan 12, 2009 8:23 am |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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TO ANSWER THE ORIGINAL TECHNICAL, LEGAL QUESTION:
Over .04, carry with your carry permit is a crime. To stay legal, you must switch to "transport" mode, from MN Stat. 97B.045:
( http://www.revisor.leg.state.mn.us/statutes/?id=97B.045: )
Quote: A person may not transport a firearm in a motor vehicle unless the firearm is:
(1) unloaded and in a gun case expressly made to contain a firearm, and the case fully encloses the firearm by being zipped, snapped, buckled, tied, or otherwise fastened, and without any portion of the firearm exposed; [or]
(2) unloaded and in the closed trunk of a motor vehicle; or
(3) a handgun carried in compliance with sections 624.714 and 624.715. so, alternatively, from 624.714: ( https://www.revisor.leg.state.mn.us/sta ... id=624.714 ) Quote: (5) to transport a pistol in a motor vehicle, snowmobile or boat if the pistol is unloaded, contained in a closed and fastened case, gunbox, or securely tied package.
So, a simple gun rug on the front seat is fine, as long as the gun is unloaded. Wrapped in newspaper and tied with twine is fine, too, but GLOVE COMPARTMENTS AND PURSES DON'T COUNT, per case law.
_________________ * NRA, UT, MADFI certified Minnesota Permit to Carry instructor, and one of 66,513 law-abiding permit holders. Read my blog.
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