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Old 08-21-2008, 10:48 PM   #11
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Quote:
Originally Posted by scatter
Not sure on the law in that area, but I solved it with a CCW.
You were able to score a CCW in California? I'm jealous.


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Old 08-22-2008, 11:01 AM   #12
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It's all up to your county sheriff. Ya gotta be careful where you live.
Most of northern CA is OK.
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Old 08-25-2008, 06:55 PM   #13
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Originally Posted by scatter
It's all up to your county sheriff. Ya gotta be careful where you live.
Most of northern CA is OK.
It used to be that if I were to move out of my house and relocate 50 feet across the street from where I live now I could get a permit. Can you believe it! Thankfully the city let the county regulate it
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Old 08-25-2008, 08:40 PM   #14
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Pabst isn't considered beer anyways right?



Seriously though, we keep the open bottles in the tall cabinet to the left of our sink. Never problem as long as they're out of reach of the driver.
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Old 08-25-2008, 08:49 PM   #15
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Pabst Blue Ribbon? At least you could go with a foreign beer like Budweiser!

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Old 08-25-2008, 09:38 PM   #16
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Quote:
Originally Posted by Ed in Montana
Pabst Blue Ribbon? At least you could go with a foreign beer like Budweiser!

snark
That might be a valid statement if Budweiser even qualified as a beer in the first place. Now if you're talking about Budvar, that's a different story, though still foreign.


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Old 08-26-2008, 06:12 PM   #17
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Good one Bronco Hauler.

Several years ago, a friend of mine got off of a long wilderness canoe trip in northern Manitoba and went to a local restaurant in the closest town for their first dinner in civilization in two weeks. When ordering drinks, she asked for an imported beer.

She got served a Bud.
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Old 08-26-2008, 08:20 PM   #18
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OK, In an attempt to bring this thread back on track, (how did we get to handguns), tonight I stopped off at Santa Rosa Police Department to inquire about a definitive answer to the question at hand. The overwhelming “opinion” was that as long as the open bottle is in the living portion of the vehicle, the open container law does not apply. The officers looked it up in the vehicle code. Below is the actual California Vehicle Code dealing with open containers. Article 23229 exempts “us” from the issue.

Drinking in Motor Vehicle
23221. (a) No driver shall drink any alcoholic beverage while in a motor vehicle upon a highway.
(b) No passenger shall drink any alcoholic beverage while in a motor vehicle upon a highway.
Amended Sec. 2, Ch. 723, Stats. 1999. Effective January 1, 2000.

Possession of Open Container in Motor Vehicle
23223. (a) No driver shall have in his or her possession, while in a motor vehicle upon a 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.
(b) No passenger shall have in his or her possession, while in a motor vehicle upon a 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.
Amended Sec. 3, Ch. 384, Stats. 1998. Effective August 24, 1998.
Amended Sec. 3, Ch. 723, Stats. 1999. Effective January 1, 2000.

Storage of Opened Container
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 and is not an off-highway motor vehicle subject to identification, as defined in Section 38012, 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) If the vehicle is not equipped with a trunk and is an off-highway motor vehicle subject to identification, as defined in subdivision (a) of Section 38012, the bottle, can, or other receptacle described in paragraph (1) shall be kept in a locked container. As used in this paragraph, "locked container" means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.
(b) Subdivision (a) is also applicable to a driver of a motor vehicle if the registered owner is not present in the vehicle.
(c) This section shall not apply to the living quarters of a housecar or camper.
Amended Sec. 4, Ch. 384, Stats. 1998. Effective August 24, 1998.
Amended Sec. 4, Ch. 723, Stats. 1999. Effective January 1, 2000.

Possession of Alcoholic Beverages: Exceptions
23229. (a) Except as provided in Section 23229.1, Sections 23221 and 23223 do not apply to passengers in any bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, or the living quarters of a housecar or camper.

(Note that 23229.1 deals with minors in Limos therefore is not relevant, so I did not copy it into this thread)

(b) Except as provided in Section 23229.1, Section 23225 does not apply to the driver or owner of a bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority. (c) This section shall become operative on July 1, 1989.
Repealed and Added, Ch. 1105, Stats. 1988. Operative July 1, 1989.

House Car (Defined)
362. A "house car" is a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached. A motor vehicle to which a camper has been temporarily attached is not a house car except that, for the purposes of Division 11 (commencing with Section 21000) and Division 12 (commencing with Section 24000), a motor vehicle equipped with a camper having an axle that is designed to support a portion of the weight of the camper unit shall be considered a three-axle house car regardless of the method of attachment or manner of registration. A house car shall not be deemed to be a motortruck.

Amended Ch. 875, Stats. 1968. Effective November 13, 1968.

So, to sum this one up (at least for California), A SMB is considered a House Car. The officers said they would consider anything behind the drivers seat the “living portion” of the Housecar. Therefore, not only is it legal to have an open container in the back while you are driving (I still would not do this), but an open container stowed away in a cabinet or refrigerator does not violate the open container law.

I’m printing up these notes and putting them in my onboard file. Now let the ongoing debate on beer vs. swill while playing with concealed firearms continue. Drink responsibly!
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Old 08-27-2008, 03:02 PM   #19
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Drink responsibly!
Charlie, I hope you don't mean in camp! That wouldn't be fun.
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Old 09-02-2008, 12:15 PM   #20
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Sorry, I've been gone for a bit or I would reply earlier. I asked a couple of sherrif friends the same questions, and got basically the same answers.

Keep it in the back, and don't be a jerk about it. They also photocopied the codes for me and told me to keep them in the van in case I ever got hassled by a deputy or anything.
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