DWI arrest while CHL is an automatic UCW...

[AJ80]

Why isn't drinking and driving a felony?

[SpikeTX]

Reading this post I have a scenario to see how it works out.

Say I have been drinking and the weapon is locked in the back of the vehicle ( I know but play along please). Now I am not driving but the woman is (she don't drink) and is involved in an accident or stopped for speeding. As I have been reading if asked for ID I should supply my CHL also. Now if asked If there is a weapon I'm not going to lie.

How could this scenario work out?

[E.Marquez]

Not that we encountered this exact scenario at work or anything.....DWI is a class B misdemeanor. If a CHL holder has a gun IN their vehicle or on their person (carrying under MPA or CHL - you pick), they get an automatic class A misdemeanor UCW charge.Interesting - I never really thought through that but it makes sense.

It surprises me not, that some in government, state, federal, local, and or law enforcement get giddy when they find a new way to charge a person with a violation of a law.So many laws on the books, overlapping, obscure.there is no way to obey them all.. Of course these laws only apply in use to the subjects. LEO's get a pass on alcohol and carrying a weapon, congressmen get a pass on almost everything, the president can start a war clearly in violation of law,, and gets a pass.So we have a stacking of charges.. DWI and a weapon in the vehicle gets you UCW,, what if your dog is in the car,, do you get charged with animal abuse? If you get cited for speeding, 5 mph over, and your child is in the car seat,, do you get a child endangerment charge?So many laws,,, when a Leo or DA wants to charge you with something, or many something's itS all there for them, stacked against you, the subject.All that said,,, giga thanks for pointing this out, and no offense to you is indented or implied. From your writings here I think your one of the larger majority of Leo with a brain and morels. And in no way do I approve of operating a vehicle while intoxicated. (yes I said intoxicated, per the law, not the abused version often bantered about in this very forum) nor do I approve of carrying a weapon while intoxicated.
Often i see people who post here that deserve not, the rights afforded by the constitution, they pick and choose, wanting the protections from one part, but ignorant or worse of other parts. It,s and all or nothing deal.

[dac1842]

Seems that some on here need to refer to the Penal Code prior to posting. The law that governs CHL specifically prohibits carry while intoxicated. Police officers are not. Department policy in most cases prohibit it , as should common sense. As well LEO are not prohibited from open carry. Again most policies state if not in uniform the weapon should be concealed, but the law does not mandate it.
I do not think anyone, CHL or LEO should be permitted to carry if consuming alcohol, note I did not say intoxicated, I said consuming. But I also feel that CHL should not be prohibited from carrying anywhere except a bar.
Just my two cents.

[E.Marquez]

But I also feel that CHL should not be prohibited from carrying anywhere except a bar.
Just my two cents.

Why do you choose to give up your rights?

The same person trusted to carry a weapon in Wal mart, can not be trusted to carry in a bar? Same idea is what leads antis to say you should not carry in a school, on campus, in a hospital.
It.s either a right, or not.
Your either capable of using, not using that weapon appropriately or not. nothing changes when you enter one type of building or another. Certainty I am not the only one that can (does) go into a bar and not drink every time?
Whither as the DD, or because I have to go back to work, or I just want to throw some darts.....

[ScottDLS]

Reading this post I have a scenario to see how it works out.

Say I have been drinking and the weapon is locked in the back of the vehicle ( I know but play along please). Now I am not driving but the woman is (she don't drink) and is involved in an accident or stopped for speeding. As I have been reading if asked for ID I should supply my CHL also. Now if asked If there is a weapon I'm not going to lie.

How could this scenario work out?

If you are not intoxicated then you could be carrying and not have to lock it up in the trunk...but anyway let's go with your scenario.

Since you are not carrying a CHL on or about your person (assume it's locked up in the trunk), then you do not have to display your CHL when asked for ID. In fact, depending on the circumstances, you probably don't have to show your ID at all.

[rm9792]

If he isnt driving or carrying then he doesnt even have to carry id.

[dac1842]

Bronco , carrying and drinking are no more a right than drinking and driving. Both are bad decisions. Both are illegal

[E.Marquez]

Bronco , carrying and drinking are no more a right than drinking and driving. Both are bad decisions. Both are illegal

1: the right to bare arms is a right, this is what I was inferring, I never stated, nor implied anything as silly as intoxicated driving was a right, That a state has placed limits on how your can action this right guarantied by the second amendment is another topic, and one many fail to understand is a failure of our nation when it comes to the constitution.
2: as some here do, you confuse and place your personal opinion in place of what the law says. Never seen it written in law that drinking and possession of a weapon is illegal.. Nor driving and drinking. Intoxication and either action is illegal. Personal opinion, bias, or ignorance often causes folks to wrongly qoute laws that do not exsist.

[surferdaddy]

Hey SpikeTX,

Not sure how valid this info is, but my CHL instructor had this to say of this scenario.

If a CHL is riding shotgun and a non-CHL is driving then a weapon anywhere in the car, except on the CHL's person, is under the control of the driver under the MPA. All laws, including those associated with booze, apply accordingly. I must point out that my instructor stated this with a slightly disapproving look. Neither do I in any way condone booze and bullets. I'm quite sure that there are others here with much better info for you. Just passing along what I've heard.

[AEA]

I rarely drink anything alcoholic anymore.

But, regardless of what the Western Movies show as gunfights, the West was less "wild" as the Movies depict.

Lots of cowboys drank in the Saloons with their guns on their hips until some towns started what we know as gun control today. Tombstone comes to mind when the City Ordinance was to disarm anyone coming into town.

The Ordinance was meant to cut down the violence being done by a group of ruffians, but it of course affected law abiding citizens as well.

That was yesterday and the start of a lot of troubles that we have today with regards to guns.

In our culture of today, I agree that guns and booze do not mix. The laws are clear. If you want to drink with your gun, do it at home and don't leave your house.

If you do drink, and own a gun, I think it best that the two remain as far apart as possible.

So, if you know you are going to drink, leave the gun at home. Although, you would be in one of the most likely places to be attacked and unarmed.

If you don't plan on drinking but end up at an establishment. Don't drink!

Don't drink & drive. AND Don't drink and carry. - pretty simple to me.

[johnson0317]

Could not have said that better myself! Good advice!

[kjolly]

I never drink with my gun. He is not a good conversationist.

[sjfcontrol]

I never drink with my gun. He is not a good conversationist.

Then you haven't had enough to drink, yet!

[Tamie]

Seems that some on here need to refer to the Penal Code prior to posting. The law that governs CHL specifically prohibits carry while intoxicated. Police officers are not. Department policy in most cases prohibit it , as should common sense. As well LEO are not prohibited from open carry. Again most policies state if not in uniform the weapon should be concealed, but the law does not mandate it.
I do not think anyone, CHL or LEO should be permitted to carry if consuming alcohol, note I did not say intoxicated, I said consuming. But I also feel that CHL should not be prohibited from carrying anywhere except a bar.
Just my two cents.

In a pro-gun society, off-duty cops would have the same carry restrictions as off-duty college professors.