How to transport alcohol in California when 21 or over?
Do you have to transport alcohol in the trunk or can it be in the compartment of the vehicle? I always thought it had to be in the trunk open or unopened but some friends told me if it is unopened it can be in the compartment. Is this true?
Public Comments
- Generally, as long as you are carrying alcohol unopened, it can be in the car where you are. If it is opened (say 1/2 a bottle of whiskey) It's best to put it in the trunk, however, if you had it in a bag or box or whatever, stowed int he backseat where you clearly can't reach it if you are driving, you could probably get away with it.
- In California you can only transport it unopened. The law prohibits an open container "In or about" a motor vehicle. In the trunk is still illegal. It is also illegal to possess a firearm in California now because if it is in plain view you are guilty of "brandishing a lethal weapon" and if it is not your guilty of "concealing a deadly weapon". The only way to be legal is to obtain a concealed carry permt and register your weapon (can only be one) so they know where it is when the day comes to confiscate it.
- don't know.
- Ignore the duck. It's just plain wrong. Here's the law: 23225. (a) (1) It is unlawful for the registered owner of any motor vehicle to keep in a motor vehicle, when the vehicle is upon any highway or on lands, as described in subdivision (b) of Section 23220, any bottle, can, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed, unless the container is kept in the trunk of the vehicle. (2) If the vehicle is not equipped with a trunk the bottle, can, or other receptacle described in paragraph (1) shall be kept in some other area of the vehicle that is not normally occupied by the driver or passengers. For the purposes of this paragraph, a utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers. (3) [...] (b) Subdivision (a) is also applicable to a driver of a motor vehicle if the registered owner is not present in the vehicle. So you can transport open containers in a vehicle, you just can't transport them where you can put your grubby hands on them. And if they are unopened, then you can transport them in your lap if you like (after all, how the heck else would you get the beer home from the store?) And just for giggles, it is not illegal to possess a firearm in California, there is no crime in California called "brandishing a lethal weapon," merely having a firearm in your vehicle in plain view is not brandishing it in any sense of the word, there's no crime in California called "concealing a deadly weapon" as it relates to a vehicle and depending on the type of firearm, you can legally carry it concealed in a vehicle without a permit.
- I don't understand the thumbs down for mikeysco. As per usual, his answer is clearly correct and completely supported by the statutes he cites. Give him best answer!
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