Let's talk about when you can legally possess a weapon.

Generally, if you have that license to carry, you can carry a weapon. There are certain restrictions that are imposed and certain places where you can't carry a weapon. And you should know about those and you should have been taught about them when you got your license.

One thing that we see quite often and people sometimes have difficulty understanding is that there's a specific section in the statutes that deal with offenses that are committed by people that actually have a license to carry. One of those offenses is that if you are intoxicated and you have a handgun or a firearm while you're intoxicated, then you are committing an offense that's a separate offense, and makes no difference whether it's on you or whether it's concealed. It really doesn't matter.

Frequently, we'll see cases where somebody is pulled over for DWI. They've got a weapon in their glove box or in a console. It's up and away from everything but that doesn't solve the problem. It's still an offense and it's still a violation of the law, so be careful. If have a license to carry That doesn't mean you can carry anywhere and everywhere and it doesn't mean that you can carry a weapon when you've been great carrying a weapon if you've been drinking or are legally intoxicated.

As always, if you have any questions or you have a problem with this, please feel free to give us a call.

Walter Reaves
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Criminal Defense Attorney Walter Reaves has been practicing law for over 35 years.