DUI & Gun Locked Up. Circumstances?

[Yugo]

Title says it all.

[Anchors]

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]

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]

So if one was to get a DUI and the gun is in the car locked up=gun charges?

[Anchors]

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]

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]

Cops take you downtown, impound auto......and tow company steals the gun.

[sighere]

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]

Cops take you downtown, impound auto......and tow company steals the gun.

yep!

[haodoken]

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.

[Beelzy]

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.

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]

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]

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]

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]

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.