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View Full Version : DUI & Gun Locked Up. Circumstances?


Yugo
08-20-2011, 2:12 AM
Title says it all.

Anchors
08-20-2011, 2:24 AM
Locked transport isn't carrying. Carrying while drinking might be an issue.
I don't think the locked firearm would be an issue. Plus, one could argue that DUI is the stiffer of the penalties anyway.

If this were the case, you could get in trouble for not having all your guns in the safe before you have a beer at home (yeah, not enforceable).
If I drank, I certainly would not unload and lock up my night stand gun just because I had a beer or two. I probably would if I had a party.

I'm glad I don't drink.

InGrAM
08-20-2011, 2:38 AM
Booze and guns DON'T mix that is rule NUMBER 1. Rule number 2 is booze and cars don't mix. Not trying to be condescending.

and are the police allowed to search a locked container without a warrant? I didn't think so, even if you are arrested for a DUI.

Yugo
08-20-2011, 2:50 AM
So if one was to get a DUI and the gun is in the car locked up=gun charges?

Anchors
08-20-2011, 3:58 AM
So if one was to get a DUI and the gun is in the car locked up=gun charges?

We've both said = not gun charges.
But I'll wait to see what others say.

Gray Peterson
08-20-2011, 6:13 AM
No crime here in re the locked up gun in the trunk. Though it's possible that as part of the DUI probationary sentence, the judge may attempt to restrict your firearms access.

Beelzy
08-20-2011, 6:43 AM
Cops take you downtown, impound auto......and tow company steals the gun.

sighere
08-20-2011, 8:35 AM
An end-run around searching w/o a warrant is once they have decided to take you in and impound the car they can "inventory" the contents.

yoteassasin
08-20-2011, 8:46 AM
Cops take you downtown, impound auto......and tow company steals the gun.

yep!

haodoken
08-20-2011, 1:15 PM
Cops take you downtown, impound auto......and tow company steals the gun.

Most likely the firearm will be kept at the PD for safekeeping until you come to claim it. No LEO will want to leave a firearm in an impounded car. Just imagine the liability. :D

Beelzy
08-20-2011, 3:31 PM
Most likely the firearm will be kept at the PD for safekeeping until you come to claim it. No LEO will want to leave a firearm in an impounded car. Just imagine the liability. :D

This is assuming they find it or are told about it. If it's locked in the trunk the police won't find it with a DUI suspect. Cuff, Stuff and Impound....Next!

Yugo
08-20-2011, 4:45 PM
if the the person tells them after being asked, "do you have any fire arms?" then they will just hold on to it? NO gun charges? Correct me if im wrong but if the gun is unloaded and stored in the trunk than there would be no charges?

Librarian
08-20-2011, 5:15 PM
Let us be clear: there is no California state law that makes it a crime to merely possess a firearm while intoxicated (or thought to be intoxicated).

Yugo
08-20-2011, 7:38 PM
Let us be clear: there is no California state law that makes it a crime to merely possess a firearm while intoxicated (or thought to be intoxicated).

ok thanks.

bwiese
08-20-2011, 9:00 PM
It sounds like the OP may be in some trouble, and I get the idea he may be trying to deal with "side issues" to the DUI himself without an attorney, which is highly inadvisable.

truthseeker
08-20-2011, 9:05 PM
It sounds like the OP may be in some trouble, and I get the idea he may be trying to deal with "side issues" to the DUI himself without an attorney, which is highly inadvisable.

He probably has a Carry License and is wondering about driving home with his handgun locked in the trunk after he had 2 beers.

Ron-Solo
08-20-2011, 11:08 PM
This thread is useless in my opinion. There is no question posed, and everyone is just trying to guess what the OP means.

Trailboss60
08-20-2011, 11:28 PM
Reading between the lines (op's responses), it sounds like someone was popped for DD, and admitted that they had a legally stored firearm in the trunk, and was wondering about the ramifications.

I may be wrong though...I was once back in '65....

bwiese
08-21-2011, 1:07 AM
Reading between the lines (op's responses), it sounds like someone was popped for DD, and admitted that they had a legally stored firearm in the trunk, and was wondering about the ramifications.


Agreed - that was my takeaway from the tenor/phrasing of the question....

Ron-Solo
08-21-2011, 1:17 AM
There's already enough guessing and jumping to conclusions around here to have a full blown exercise program. :D

SteveH
08-21-2011, 7:33 AM
If you are arrested for DUI your car will probably be towed for storage. If a firearm is found during the inventory inspection it will propbably be collected by the arresting officer for safekeeping. The officer will give you a property receipt for the gun and you can pick it up after you submitt the LEGR paperwork.

Yugo
08-21-2011, 7:49 AM
There's already enough guessing and jumping to conclusions around here to have a full blown exercise program. :D

:rofl: I was half asleep when I read this, now im awake...

Reading between the lines (op's responses), it sounds like someone was popped for DD, and admitted that they had a legally stored firearm in the trunk, and was wondering about the ramifications.

I may be wrong though...I was once back in '65....

You hit the nail on the head, Im sorry for making a guessing game for you guys that was not my intention I just wanted it to be a general question. I am not in trouble. I dont DD :D. Some one I know did this and answered the LEOs question when he asked if there was a weapon in the car. But he said there was a gun charge (which leeds me to believe he did not have it unloaded) but he was told he can still get the gun back by going and picking it up. So this is where it is confusing, if they said he can get it back why is there a gun charge?

Beelzy
08-22-2011, 7:07 AM
:rofl: I was half asleep when I read this, now im awake...



You hit the nail on the head, Im sorry for making a guessing game for you guys that was not my intention I just wanted it to be a general question. I am not in trouble. I dont DD :D. Some one I know did this and answered the LEOs question when he asked if there was a weapon in the car. But he said there was a gun charge (which leeds me to believe he did not have it unloaded) but he was told he can still get the gun back by going and picking it up. So this is where it is confusing, if they said he can get it back why is there a gun charge?

One does NOT get their gun back if there is a gun charge...I know this for a fact.

Mesa Tactical
08-22-2011, 11:51 AM
You hit the nail on the head, Im sorry for making a guessing game for you guys that was not my intention I just wanted it to be a general question. I am not in trouble. I dont DD :D. Some one I know did this and answered the LEOs question when he asked if there was a weapon in the car. But he said there was a gun charge (which leeds me to believe he did not have it unloaded) but he was told he can still get the gun back by going and picking it up. So this is where it is confusing, if they said he can get it back why is there a gun charge?

Occam's Razor says your friend isn't giving the story to you straight.

It wouldn't be the first time that's occurred here.