TexasCHLforum.com

AFCop wrote:

sjfcontrol wrote:

AFCop wrote:

Hoosier Daddy wrote:I just want to point out that according to AFCop's interpretation, a 12 pack that is opened (maybe the glue dried and a flap came loose) is an "open container" even if it still contains all 12 cans and those cans are still sealed.

No, that is not my interpretation...... I never said that or implied that, at least I don't think I did....

Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed

A 12 pack that is open and NOT missing any bottles/cans does not meet the......., or the contents of which are partially removed section of the law. In my opinion.

It's an OR therefore it is not a requirement that both sides be met. If it said AND then it would require that it be open AND partially removed. Just open is enough -- according to the way the law reads.

means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, has been opened, that has a broken seal (Im my opinion apply to the bottle, can or other receptacles mentioned before like flask, etc.), or the contents of which have been partially removed (this would apply to cases, etc.). That is how I get my differing breakdowns with respect to your analogy. I do try to apply reason and logic, and feel as though in my position I have.

You disagree and that is ok. If your interpretation is that the bag is open and you feel like charging someone, go for it. If you can get a conviction, even better. It is only one of two charges that the law mandates you cite them for and send them on their way (with a few exceptions of course)....

donniet wrote:So, based.... on Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed. If it's empty wouldn't it be an "empty container" not an "open container" Just saying.

Well I guess that depends on your interpretation. If its empty, how'd it get that way.... It was opened, right?

sjfcontrol wrote:

AFCop wrote:

Hoosier Daddy wrote:I just want to point out that according to AFCop's interpretation, a 12 pack that is opened (maybe the glue dried and a flap came loose) is an "open container" even if it still contains all 12 cans and those cans are still sealed.

No, that is not my interpretation...... I never said that or implied that, at least I don't think I did....

Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed

A 12 pack that is open and NOT missing any bottles/cans does not meet the......., or the contents of which are partially removed section of the law. In my opinion.

It's an OR therefore it is not a requirement that both sides be met. If it said AND then it would require that it be open AND partially removed. Just open is enough -- according to the way the law reads.