Unopened alcohol in vehicle


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Old 12-31-2012, 09:04 PM   #1
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Default Unopened alcohol in vehicle

Can I still carry my weapon in my car with an unopened bottle of liquor in the back seat? Please help I can not find any info on this! I am in Texas by the way.



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Old 12-31-2012, 11:50 PM   #2
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Rarely will you find laws that tell you what you can do. They tell you what you CANNOT do. So long as you are not under 21, and the bottle is unopened, cannot see that there is anything is Tx law that says you cannot.

OTOH, I am not a member of the Texas bar (other than one outside Lagrange) If you really need legal advice, you really need a lawyer.

However, I will ask the obvious question- if you are not planning to drink and drive, why have the bottle in the passenger compartment?(as opposed to trunk, behind seat of pickup, etc.

In having it visible in the car, you are inviting discussion and a field sobriety test from any LEO. And if you get snakebit, you have time to open the trunk.



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Old 01-01-2013, 12:11 AM   #3
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Quote:
Originally Posted by MyRawTalent
Can I still carry my weapon in my car with an unopened bottle of liquor in the back seat? Please help I can not find any info on this! I am in Texas by the way.
Short answer -yes
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Old 01-01-2013, 08:03 PM   #4
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Why not just put it in the trunk? That way it is "separated" from the firearm(s).

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Old 01-01-2013, 08:21 PM   #5
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Why not just put it in the trunk? That way it is "separated" from the firearm(s).
Why answer a question with a question ?
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Old 01-01-2013, 08:34 PM   #6
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I can't imagine that the law would forbid the mere posession of the two. My state laws only restrict, drinking or being in places were drinking normally happens while in posession. If you had an issue with the bottle and gun in plain view, it would probably be addressed with a sobriety test. It is interesting that, in my state, there is a different level of alcohol blood level for conviction of driving and being drunk with a gun in your material posession.

The OP could take the question one step further and ask what the implications would be of being drunk, at home, and have immediate access to guns.

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Old 01-01-2013, 09:39 PM   #7
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Quote:
Originally Posted by Chainfire
I can't imagine that the law would forbid the mere posession of the two. My state laws only restrict, drinking or being in places were drinking normally happens while in posession. If you had an issue with the bottle and gun in plain view, it would probably be addressed with a sobriety test. It is interesting that, in my state, there is a different level of alcohol blood level for conviction of driving and being drunk with a gun in your material posession.

The OP could take the question one step further and ask what the implications would be of being drunk, at home, and have immediate access to guns.
You can If and & but all day -
He asked a simple question. He got a correct answer to it----
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Old 01-01-2013, 09:41 PM   #8
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Why answer a question with a question ?
Why reply to a question answer with another question?
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Old 01-01-2013, 10:10 PM   #9
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In my vast experience (30 years around firehouse lawyers,none passed the bar or ever took it). Unopened I would say not a problem. Opened could be a big one.

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Old 01-01-2013, 10:26 PM   #10
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Originally Posted by HOSSFLY View Post
You can If and & but all day -
He asked a simple question. He got a correct answer to it----
Yes, and we all know how every question on this forum gets simple concise and exact answer to questions without any further discussion.


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