Can Your Spouse Carry Your Gun As Long As Its Registered?

Published on October 10, 2022
Duration: 6:54

This video discusses the legality and safety of a spouse carrying a registered firearm when the owner is intoxicated, particularly in constitutional carry states. It emphasizes that while a spouse might be legally able to carry, the owner could face charges if they are intoxicated and transfer the firearm. The discussion highlights potential legal and physical issues, advising against carrying firearms when consuming alcohol.

Quick Summary

In constitutional carry states, while your spouse may be legally able to carry a firearm if they are not a prohibited person, you could face charges if you are intoxicated and transfer your gun to them. It's crucial to avoid carrying a firearm when consuming alcohol; secure it at home or in your vehicle instead.

Chapters

  1. 00:00Viewer Question: Spouse Carrying Gun While Owner Intoxicated
  2. 00:15USCCA Gun Giveaway Announcement
  3. 00:30Analyzing the Constitutional Carry Aspect
  4. 00:39Can You Give Your Gun to Your Spouse If Intoxicated?
  5. 00:48Is Your Spouse Impaired? Key Consideration
  6. 01:11Conditions for Lawful Possession and Carry
  7. 01:40Spouse's Training and Competency
  8. 01:56Potential Legal Issues: Brandishing and Transfer
  9. 02:13Consult Local Laws: USCCA.com/Laws
  10. 02:34Avoid the Situation: Don't Carry When Drinking
  11. 02:53Scenario: Highly Trained Spouse
  12. 03:20Presumption of Non-Carrying Spouse
  13. 03:50Meaning of the Question: Inexperienced Spouse
  14. 04:11Physical and Legal Complications
  15. 04:25Intoxicated Possession Charges
  16. 04:45Bringing It Back to the Core Question
  17. 04:56Can You vs. Should You?
  18. 05:15Legal Obligation to Dispossess Firearm
  19. 05:25Preventative Measure: Lock Up or Leave at Home
  20. 05:43State BAC Limits for Firearm Carry
  21. 05:54Avoiding Bad Decisions Upstream
  22. 06:33Complexity of Firearm Scenarios

Frequently Asked Questions

Can my spouse legally carry my gun if I'm intoxicated in a constitutional carry state?

While your spouse might be legally able to carry in a constitutional carry state if they are not a prohibited person, you, as the owner, could face legal trouble. If you are intoxicated, transferring your firearm to someone else, even your spouse, can lead to charges like brandishing or unlawful possession.

What are the risks of giving my gun to my spouse when I've been drinking?

The risks are significant. You could be charged with a crime for being intoxicated and in possession of a firearm, or for unlawfully transferring it. Your spouse could also face issues if they are not trained or comfortable handling the weapon, leading to potential mishandling or legal complications.

What is the best practice if I plan to consume alcohol and carry a firearm?

The safest and most responsible practice is to not carry a firearm if you plan to consume alcohol. Either leave your firearm at home or secure it properly in your vehicle before you start drinking to avoid any potential legal entanglements or safety risks.

Are there specific laws about carrying a gun while intoxicated?

Yes, laws vary by state. Some states have specific BAC limits for carrying firearms, while others require complete sobriety. Being intoxicated and in possession of a firearm, even if legally registered, can lead to misdemeanor or felony charges depending on the jurisdiction.

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