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Let's say I carry my weapon to work (or anywhere, for that matter), and me and my co-workers end up going out for an after-work happy hour.

I'm concerned about what to do with the weapon if I'm going to be drinking any alcohol. Obviously I can't carry and drink, and I wouldn't do that anyway. I'm not talking about getting drunk to the point where I shouldn't be driving, just talking a few beers.

What's the best thing to do with my weapon under these circumstances? Should I unload it and lock it in the glovebox? (I have a truck, so there is no trunk).

I've heard of the "zero tolerance policy" for drinking and having a weapon, so what do I do with it?

Hopefully that's clear.

Detail strip it. Leave the trigger in your desk drawer, the hammer in your trunk, the magazine at home, and your ammo in a safe deposit box. You'll be good to go.

The consensus from an earlier post on the same topic - - - DON"T DO IT!

Too drunk to carry a gun, but still OK to drive?

I have a biometric safe in my car, that I can put my weapon in.
Locking it in your glove box however is just as well, to show intent to keep it out of reach.

but as others have said, simply - don't

If I even THINK I am going to get a drink, my gun stays at home. Period.

aggie_wes wrote:I've heard of the "zero tolerance policy" for drinking and having a weapon, so what do I do with it? Hopefully that's clear.

flb_78 wrote:Too drunk to carry a gun, but still OK to drive?

Some people don't think that there is a "zero tolerance policy" for drinking. YMMV.

aggie_wes wrote: Obviously I can't carry and drink, and I wouldn't do that anyway. I'm not talking about getting drunk to the point where I shouldn't be driving, just talking a few beers.

Why do you say that? The standard for carrying and driving are both the same.

aggie_wes wrote: I've heard of the "zero tolerance policy" for drinking and having a weapon, so what do I do with it?

No such thing as a "zero tolerance policy" for drinking and carrying, legally speaking. If you're intoxicated, you can't carry. That means you're also too intoxicated to drive. Many people choose to have their own personal zero tolerance policy, and I'm not saying that's a bad thing, but the idea that you can have zero amount of alcohol while carrying is a myth.

Brian

"but the idea that you can have zero amount of alcohol while carrying is a myth."

We were taught zero tolerance in our class.

kjolly wrote:"but the idea that you can have zero amount of alcohol while carrying is a myth."

We were taught zero tolerance in our class.

We were taught zero tolerance in my class as well.

kjolly wrote:"but the idea that you can have zero amount of alcohol while carrying is a myth."

We were taught zero tolerance in our class.

You can have zero impairment. Impairment is a subjective standard, and it is the officer's prerogative to decide if impairment exists. You might have one beer on board, consumed an hour earlier over dinner, and not be impaired. But if you get pulled over and an officer smells that beer on your breath, and he judges that you're impaired, then you're in trouble. If he judges that you're not impaired, then you're not in trouble.

That's my understanding of the law.

It has been a LONG time since I have had to worry about this but if my memory serves me right the key word is intoxicated. I believe that even if you are .001 you are still technically intoxicated and therefore it could be a crime. It is all up to the deputy/officer. I also believe that for driving it specifically states .08 so that would be the difference. Again it has been a long while and I could be mistaken.

IANAL


Edited IOT convey my thoughts more clearly.

aggie_wes wrote:

kjolly wrote:"but the idea that you can have zero amount of alcohol while carrying is a myth."

We were taught zero tolerance in our class.

We were taught zero tolerance in my class as well.

Speaking strictly from the law as written (morality and good sense aside), your instructors were wrong.

XtremeDuty.45 wrote:It has been a LONG time since I have had to worry about this but if my memory serves me right the key word is intoxicated. I believe that even if you are .001 you are still technically intoxicated and therefore it is a crime. I also believe that for driving it specifically states .08 so that would be the difference. Again it has been a long while and I could be mistaken.

IANAL

IANAL either, but nope.

The key word is “intoxicated,” and the statutes pertinent to CHL holders are GC §411.171(6) and PC §49.01(2). As for getting behind the wheel, it’s Health and Safety Code, Title 6, Subtitle C, and PC §49.01(2). Note that as defined in PC §49.01(2), “intoxicated” doesn’t require alcohol. And as hirundo82 once pointed out, an average person can exceed a .001 BAC just due to natural fermentation by bacteria in the stomach.

It seems that, year after year, the legality of carrying and alcohol continues to confuse more CHLers and instructors than any other issue. BAC measurement is just one way to prove intoxication. If someone pops a couple of Quaaludes and straps on his gun, he can be just as guilty of carrying—or driving—while intoxicated as the guy who’s pounded back a few beers.

Since this comes up every few months, here’s a short cheat-sheet of some past topics that discussed this in detail:

Alcohol and CHL: viewtopic.php?f=7&t=31111" onclick="window.open(this.href);return false;
CHL and Alcohol: viewtopic.php?f=7&t=31475" onclick="window.open(this.href);return false;
Alcohol and Carrying Question: viewtopic.php?f=53&t=29504" onclick="window.open(this.href);return false;
Carrying and Drinking Clarified: viewtopic.php?f=7&t=42233" onclick="window.open(this.href);return false;
No Drinking While Carrying?: viewtopic.php?f=92&t=26256" onclick="window.open(this.href);return false;
Case Law for “Intoxicated” Limit While CC: viewtopic.php?f=7&t=41908" onclick="window.open(this.href);return false;

As to the OP’s question, I think you’ve already been hit with “It doesn’t sound like you should be driving, anyway” comments. So I’ll just note again that PC §49.01(2) makes no distinction between one criterion for intoxication when it comes to carrying a firearm, and another when it comes to operating a motor vehicle. And having a “few” beers would certainly cause impairment. The .08 BAC thing is nothing more than one point of absolute proof of intoxication the State of Texas has established; it isn’t a guideline level under which you’re good to drive.

Regarding locking a firearm, I don’t like the glove compartment at all. First, that’s always an immediate target for a smash-and-grab. Second, since the glove compartment is within reach from the driver’s seat, locked or not I wouldn’t want to try to convince a LEO that the gun had been locked in there all night, that I hadn’t just popped it in when he lit me up.

My preferences are hardened, lockable cases that you can secure directly to the chassis, or to a seat rail or other fixture that’s difficult to remove. There are a wide variety of these, from expensive, bolt-down biometric jobs to inexpensive portable ones that use a key and a double-ended cable to tie it to a fixture in the truck. I use one of the latter, have it hooked to the seat rail on the driver’s side, and slip in underneath the seat. If I have to go into a 30.06 business, that’s where I lock up my gun. A determined thief can still get to it, but he’s gonna have to find it first, and then it’s gonna be a way more difficult proposition without a good bolt cutter than is popping a glove compartment.

I think the lock boxes are a good investment, even if you never drink and carry.

Just because one can, doesn't mean one should. IMHO it is very foolish to mix any amount of alcohol/chemical substance with operation of car or gun. But what do I know? Due to my upbringing I have very little experience in such matters - thanks Mom and Dad.

BTW, I've never had to ask, "Do I qualify for a CHL?". Thanks again Mom and Dad.

Hi, I'm the pilot that will be flying you and your family home for Thanksgiving. You don't mind if me, my First officer, and the cabin crew knock down a few beers before we takeoff, do ya?