Transporting alcohol while carrying (not consuming)

[D Binx]

Hello, I am going to be driving from Ohio down to the smoky mountains in Tennessee with a few friends soon and they want to bring along some beers in the car to drink when they get to our cabin (I don't drink). My understanding of the law is that I can carry as long as I am not under the influence of alcohol. I have read through the laws in Ohio, Kentucky and Tennessee and haven't found anything more in regards to this. Am I correct in this understanding? Thank you.

 

[hangnoose]

ONLY IF YOU ARE BRIVING A DUS. URP!

Unless you plan on hauling a load of shine, play it safe and keep it unopened in the trunk if you have one. I don't see any issues, unless you run into some odd laws in a dry county. Can't you buy beer once you get there?

 

[tbgunner88]

I don't see a problem as long as there are no open containers. I would try to wait and buy it as close to your end destination as possible.

 

[Ranger17]

for what it's worth, at my recent ccw class we were given the website below to use when traveling. Supposedly by clicking on the state and then its 'state ccw' link you would get the actual state site you were inquiring on. Even if your permit is honored across the 3 states, each may have their own rules pertaining to transporting a firearm so may be worth a check to get the firm details.
Handgunlaw.us

btw we made the run from SC to WI and back often for the past 6 years, and the areas thru KY and TN are quite scenic. Especially driving thru the Smoky Mts (check for any road closures if you're heading deep in there). And I'm pretty sure we passed plenty of liquor stores down there lol. That actually would be my suggestion, grab the brews when you're already there if possible.

 

[Jim1392]

Why can't you just buy it when you get there. I don't know many states that don't sell beer. Play it safe and buy it there .

 

[max]

I see no problem with transporting as long as you are not drinking. I went to SD last month, My buddy and I were CCW, we had 5 shotguns and 7 cases of beer.

 

[ISCS Yoda]

Why can't you just buy it when you get there. I don't know many states that don't sell beer. Play it safe and buy it there .

Some states prohibit "open containers" inside motor vehicles. You don't have to drink to get into trouble doing this - the drinking is imputed to the driver.

That creates an problem because that equates to criminal behavior whilst carrying your weapon. I'd avoid it.

***GRJ***

 

[soad]

My dad and I were driving through the Tennessee mountains a few years ago, he driving me as a passenger (no firearms in the vehicle). I whip out a bottle of Bourbon and take a swig...he freaks out...until I tell him its legal for a passenger to drink in Tennessee.

I proceeded to get quite tipsy....needless to say he drove the rest of the way.


If you're worried, I would just buy it down there....believe me, the Tennessee Volunteers have beer.

 

[gordon21]

There ARE some obscure laws about how many liters of LEGAL hard liquor you can carry across certain state lines, but I don't think there are any about beer.

MOST states do not allow any passengers to drink on board unless it is a Greyhound type bus or a big RV. That is commonly referred to as the "open container" law.

As far as CCW carry, I think virtually all states have a no consumption policy while carrying. You could be stone sober and carry OK as long as it was the passengers who were anywhere from sober to hammered.

Just to be safe: No open containers. Keep beers in trunk/bed of truck.

Probably more important that any of these worries is to IMMEDIATELY notify any LEO you have a gun. Even if it means interrupting him when he starts talking to you. I did that one time. I stopped him short and informed him about the gun. The rest of the stop went fine and he let me go on the speeding. LEO's do not like to find out about guns well into the stop.

 

[The Big D]

Nope.

That is simply NOT true.


Be safe.

...
As far as CCW carry, I think virtually all states have a no consumption policy while carrying. ...

 

[jlanecole]

Why can't you just buy it when you get there. I don't know many states that don't sell beer. Play it safe and buy it there .

Maybe because there isn't decent beer available where he's going? I've run into this before.

 

[Road Rat]

You paranoia is showing!!

Stop giving "them" more power than they can already steal......

It isn't "illegal" to pick up a six pack of beer on your way home while you have your concealed carry so why would it be "illegal" to travel on the highways of America under the same circumstances???

 

[BigJoe Rooo]

I think your fine transporting beer. As earlier posted; keep the beer in your trunk.

Va did away with their open container law a few years back.

 

[gordon21]

BiG D: That is simply NOT true.


Just curious. What states allow you to drink and concealed carry? I personally don't know of any at all. I said virtually all, so I did leave myself an out for maybe 1-2.

This is from a Maryland concealed carry site.

Maryland law:
Places off-limits when carrying:

Alcohol and Drugs:
It is unlawful for a permit holder to carry a handgun while under the influence of alcohol or drugs.

 

[RobzGuns]

Alcohol and Drugs:
It is unlawful for a permit holder to carry a handgun while under the influence of alcohol or drugs.

Wouldn't this fall under the State's definition of what constitutes "Under the Influence"?
In some States, it may be 'the Legal Limit' of DUI/DWI, while in others, it could fall under simply failing a Field Sobriety Test after 1 Drink.

 

[The Big D]

You are spectacularly incorrect.

Off the top of my head, the following states do NOT ban consumption of alcohol whilst CCW. Maryland, New York, New Jersey, Michigan, West Virginia, Texas, Nevada, and Pennsylvania. I am positive there are more...lots more.

The only state that bars alcohol and carrying a gun totally is North Carolina, to the best of my knowledge.

Be safe.

BiG D: That is simply NOT true.


Just curious. What states allow you to drink and concealed carry? I personally don't know of any at all. I said virtually all, so I did leave myself an out for maybe 1-2.

This is from a Maryland concealed carry site.

Maryland law:
Places off-limits when carrying:

Alcohol and Drugs:
It is unlawful for a permit holder to carry a handgun while under the influence of alcohol or drugs.

 

[Stu1205]

WOW...Maryland actually gave out a carry permit?
What next, leprechauns riding on unicorns?

 

[Doug M.]

Trunk. Out of sight, out of mind. Why do something that makes a reasonably observant LEO ask questions about whether anyone in the car has an open container etc? Is this really that hard to see? I have nothing to hide when traveling, but I also do not allow for wastes of time like tickets, running out of fuel, or doing things that attract potentially negative attention.

 

[Rastoff]

CA law is silent on alcohol and CCW. Therefore, it is legal. HOWEVER, and this is a big one, most issuing authorities add a stipulation on the license saying that you can't. Recently there was a case where a person, with a valid CCW license, defended himself with his gun, but didn't fire. Unfortunately for him, he had had a few drinks.

This is where it gets confusing...
There was a stipulation on his license saying he couldn't be under the influence of alcohol. Because he was drinking, this invalidated his license. Because his license was invalid, he was convicted of carrying a concealed weapon. The plea bargain netted him a 30 day suspended sentence and loss of his license.

So, technically, it's legal to drink and carry here in CA if your license doesn't have a stipulation against it because there is nothing in the penal code against it. Even so, I think it's extremely unwise to test this theory.

I don't/won't hang around people who drink. Therefore, this is not an issue for me. To the OP, I recommend not carrying any alcohol in the car while you're driving. That's my opinion, not a legal stance.

Have fun on your trip.

 

[gordon21]

Spectacularly wrong!! Guilty as charged.

Our CWP instructor is also the local police chief. And I remember he made a very big deal about drinking AT ALL while carrying. And repeated that thought several times during the day. I got duly brainwashed.

Another poster mentioned NC as the lone exemption. Guess where I live??

NC recently passed legislation allowing carrying in places that SERVE alcohol. And of course every newspaper and TV station focused on the "no drinking while carrying" aspect.

The law was passed so that non-drinkers could carry while in your typical Applebee's or Pizza Hut.