Question about transporting alcohol

Most CHL/LEO contacts are positive, how about yours? Bloopers are fun, but no names please, if it will cause a LEO problems!

Moderators: carlson1, Keith B


Topic author
K.Mooneyham
Senior Member
Posts in topic: 5
Posts: 2574
Joined: Sat Jan 12, 2013 4:27 pm
Location: Vernon, Texas

Re: Question about transporting alcohol

#16

Post by K.Mooneyham »

The only extra thought I had about this is that he recently came from some other state and that was the law where he came from. Anyone ever heard of this sort of thing in another state?

KRM45
Senior Member
Posts in topic: 2
Posts: 881
Joined: Fri Mar 24, 2006 6:48 pm
Location: DFW

Re: Question about transporting alcohol

#17

Post by KRM45 »

K.Mooneyham wrote:First, the reason I put this in LEO Contacts. I went to a doctor appointment with my wife yesterday. The nurse engaged us in conversation while typing on the computer. During conversation, she stated that she had been pulled over for speeding. She had just come from the grocery store and as part of her purchase, bought beer for her husband. The purchases were on the back seat of the vehicle (a 4-door passenger car, I gathered). During the stop, the LEO spotted the enclosed "box of beer" and told her it belonged in the trunk of her car, and that it couldn't be transported otherwise because doing so was illegal. He had her exit the vehicle and place the beer in the trunk. She didn't state that she got a ticket for speeding, but seemed to indicate she didn't receive one. I thought this business with the sealed case of beer sounded rather odd, but then again, I was gone from Texas for many years. Does anyone know of specific requirements in TPC for the transport of alcoholic beverages for personal consumption at home (assuming a sealed container or packaging)? I would really like to read it for myself if there are specific requirements. I personally own an extended cab pickup truck and so I don't even have a trunk. Have I been unwittingly violating state law when I stop at Wal-Mart and grab a six-pack of Shiner with the groceries and set it all in the floorboard behind my seat?

(Mods, if this is in the wrong section, please move as necessary. Thank you.)
If the purchase of the alcohol was made in a "wet" area, and she drove into a "dry" area, then the officer was technically correct. It is unlawful to transport alcoholic beverages in a "dry" area according to the Alcoholic Beverage Code.
User avatar

Keith B
Moderator
Posts in topic: 2
Posts: 18493
Joined: Sat Aug 18, 2007 3:29 pm

Re: Question about transporting alcohol

#18

Post by Keith B »

KRM45 wrote: If the purchase of the alcohol was made in a "wet" area, and she drove into a "dry" area, then the officer was technically correct. It is unlawful to transport alcoholic beverages in a "dry" area according to the Alcoholic Beverage Code.
Not sure you are correct
Sec. 107.08. TRANSPORTATION OF BEVERAGES FOR PERSONAL CONSUMPTION. A person who purchases an alcoholic beverage for his own consumption may transport it from a place where its sale is legal to a place where its possession is legal without holding a license or permit.
AFAIK there are no dry areas in Texas any longer where possession is illegal. And as long as the container is not open, then they can posses in the passenger compartment.

If you have a law to quote, please do. Would be interesting to see the differences.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4

KRM45
Senior Member
Posts in topic: 2
Posts: 881
Joined: Fri Mar 24, 2006 6:48 pm
Location: DFW

Re: Question about transporting alcohol

#19

Post by KRM45 »

Keith B wrote:
KRM45 wrote: If the purchase of the alcohol was made in a "wet" area, and she drove into a "dry" area, then the officer was technically correct. It is unlawful to transport alcoholic beverages in a "dry" area according to the Alcoholic Beverage Code.
Not sure you are correct
Sec. 107.08. TRANSPORTATION OF BEVERAGES FOR PERSONAL CONSUMPTION. A person who purchases an alcoholic beverage for his own consumption may transport it from a place where its sale is legal to a place where its possession is legal without holding a license or permit.
AFAIK there are no dry areas in Texas any longer where possession is illegal. And as long as the container is not open, then they can posses in the passenger compartment.

If you have a law to quote, please do. Would be interesting to see the differences.
You my be right.

Topic author
K.Mooneyham
Senior Member
Posts in topic: 5
Posts: 2574
Joined: Sat Jan 12, 2013 4:27 pm
Location: Vernon, Texas

Re: Question about transporting alcohol

#20

Post by K.Mooneyham »

KRM45 wrote:
K.Mooneyham wrote:First, the reason I put this in LEO Contacts. I went to a doctor appointment with my wife yesterday. The nurse engaged us in conversation while typing on the computer. During conversation, she stated that she had been pulled over for speeding. She had just come from the grocery store and as part of her purchase, bought beer for her husband. The purchases were on the back seat of the vehicle (a 4-door passenger car, I gathered). During the stop, the LEO spotted the enclosed "box of beer" and told her it belonged in the trunk of her car, and that it couldn't be transported otherwise because doing so was illegal. He had her exit the vehicle and place the beer in the trunk. She didn't state that she got a ticket for speeding, but seemed to indicate she didn't receive one. I thought this business with the sealed case of beer sounded rather odd, but then again, I was gone from Texas for many years. Does anyone know of specific requirements in TPC for the transport of alcoholic beverages for personal consumption at home (assuming a sealed container or packaging)? I would really like to read it for myself if there are specific requirements. I personally own an extended cab pickup truck and so I don't even have a trunk. Have I been unwittingly violating state law when I stop at Wal-Mart and grab a six-pack of Shiner with the groceries and set it all in the floorboard behind my seat?

(Mods, if this is in the wrong section, please move as necessary. Thank you.)
If the purchase of the alcohol was made in a "wet" area, and she drove into a "dry" area, then the officer was technically correct. It is unlawful to transport alcoholic beverages in a "dry" area according to the Alcoholic Beverage Code.
Nope, even if that were true, it wouldn't matter. Happened here in Fort Worth.
User avatar

Oldgringo
Senior Member
Posts in topic: 1
Posts: 11203
Joined: Sat Mar 08, 2008 10:15 pm
Location: Pineywoods of east Texas

Re: Question about transporting alcohol

#21

Post by Oldgringo »

Transporting unopened alcohol within one's vehicle may be subject to question; however, transporting alcohol within oneself is not. :woohoo
User avatar

WildBill
Senior Member
Posts in topic: 1
Posts: 17350
Joined: Tue Jul 03, 2007 12:53 pm
Location: Houston

Re: Question about transporting alcohol

#22

Post by WildBill »

I found an interesting link to the Texas Peace Officer's Guide to the ABC.
It's a good summary of the Texas Alcoholic Beverage Code.

http://www.tabc.state.tx.us/laws/other/ ... sGuide.pdf" onclick="window.open(this.href);return false;
NRA Endowment Member
Post Reply

Return to “LEO Contacts & Bloopers”