Question about transporting alcohol
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Re: Question about transporting alcohol
The only extra thought I had about this is that he recently came from some other state and that was the law where he came from. Anyone ever heard of this sort of thing in another state?
Re: Question about transporting alcohol
If the purchase of the alcohol was made in a "wet" area, and she drove into a "dry" area, then the officer was technically correct. It is unlawful to transport alcoholic beverages in a "dry" area according to the Alcoholic Beverage Code.K.Mooneyham wrote:First, the reason I put this in LEO Contacts. I went to a doctor appointment with my wife yesterday. The nurse engaged us in conversation while typing on the computer. During conversation, she stated that she had been pulled over for speeding. She had just come from the grocery store and as part of her purchase, bought beer for her husband. The purchases were on the back seat of the vehicle (a 4-door passenger car, I gathered). During the stop, the LEO spotted the enclosed "box of beer" and told her it belonged in the trunk of her car, and that it couldn't be transported otherwise because doing so was illegal. He had her exit the vehicle and place the beer in the trunk. She didn't state that she got a ticket for speeding, but seemed to indicate she didn't receive one. I thought this business with the sealed case of beer sounded rather odd, but then again, I was gone from Texas for many years. Does anyone know of specific requirements in TPC for the transport of alcoholic beverages for personal consumption at home (assuming a sealed container or packaging)? I would really like to read it for myself if there are specific requirements. I personally own an extended cab pickup truck and so I don't even have a trunk. Have I been unwittingly violating state law when I stop at Wal-Mart and grab a six-pack of Shiner with the groceries and set it all in the floorboard behind my seat?
(Mods, if this is in the wrong section, please move as necessary. Thank you.)
Re: Question about transporting alcohol
Not sure you are correctKRM45 wrote: If the purchase of the alcohol was made in a "wet" area, and she drove into a "dry" area, then the officer was technically correct. It is unlawful to transport alcoholic beverages in a "dry" area according to the Alcoholic Beverage Code.
AFAIK there are no dry areas in Texas any longer where possession is illegal. And as long as the container is not open, then they can posses in the passenger compartment.Sec. 107.08. TRANSPORTATION OF BEVERAGES FOR PERSONAL CONSUMPTION. A person who purchases an alcoholic beverage for his own consumption may transport it from a place where its sale is legal to a place where its possession is legal without holding a license or permit.
If you have a law to quote, please do. Would be interesting to see the differences.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Re: Question about transporting alcohol
You my be right.Keith B wrote:Not sure you are correctKRM45 wrote: If the purchase of the alcohol was made in a "wet" area, and she drove into a "dry" area, then the officer was technically correct. It is unlawful to transport alcoholic beverages in a "dry" area according to the Alcoholic Beverage Code.
AFAIK there are no dry areas in Texas any longer where possession is illegal. And as long as the container is not open, then they can posses in the passenger compartment.Sec. 107.08. TRANSPORTATION OF BEVERAGES FOR PERSONAL CONSUMPTION. A person who purchases an alcoholic beverage for his own consumption may transport it from a place where its sale is legal to a place where its possession is legal without holding a license or permit.
If you have a law to quote, please do. Would be interesting to see the differences.
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Topic author - Senior Member
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Re: Question about transporting alcohol
Nope, even if that were true, it wouldn't matter. Happened here in Fort Worth.KRM45 wrote:If the purchase of the alcohol was made in a "wet" area, and she drove into a "dry" area, then the officer was technically correct. It is unlawful to transport alcoholic beverages in a "dry" area according to the Alcoholic Beverage Code.K.Mooneyham wrote:First, the reason I put this in LEO Contacts. I went to a doctor appointment with my wife yesterday. The nurse engaged us in conversation while typing on the computer. During conversation, she stated that she had been pulled over for speeding. She had just come from the grocery store and as part of her purchase, bought beer for her husband. The purchases were on the back seat of the vehicle (a 4-door passenger car, I gathered). During the stop, the LEO spotted the enclosed "box of beer" and told her it belonged in the trunk of her car, and that it couldn't be transported otherwise because doing so was illegal. He had her exit the vehicle and place the beer in the trunk. She didn't state that she got a ticket for speeding, but seemed to indicate she didn't receive one. I thought this business with the sealed case of beer sounded rather odd, but then again, I was gone from Texas for many years. Does anyone know of specific requirements in TPC for the transport of alcoholic beverages for personal consumption at home (assuming a sealed container or packaging)? I would really like to read it for myself if there are specific requirements. I personally own an extended cab pickup truck and so I don't even have a trunk. Have I been unwittingly violating state law when I stop at Wal-Mart and grab a six-pack of Shiner with the groceries and set it all in the floorboard behind my seat?
(Mods, if this is in the wrong section, please move as necessary. Thank you.)
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Re: Question about transporting alcohol
Transporting unopened alcohol within one's vehicle may be subject to question; however, transporting alcohol within oneself is not.
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Re: Question about transporting alcohol
I found an interesting link to the Texas Peace Officer's Guide to the ABC.
It's a good summary of the Texas Alcoholic Beverage Code.
http://www.tabc.state.tx.us/laws/other/ ... sGuide.pdf" onclick="window.open(this.href);return false;
It's a good summary of the Texas Alcoholic Beverage Code.
http://www.tabc.state.tx.us/laws/other/ ... sGuide.pdf" onclick="window.open(this.href);return false;
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