What happens now? If I'm reading correctly, he still has to file paperwork with DPS to get his CHL back and to recover his gun. I'm guessing that he is out a lot of money defending himself. I'm sure that he does just want to go on with his life but some sort of settlement with at least the Killeen PD might help a reoccurrence for someone else and to recover some of the money that he out.E.Marquez wrote:I heard from mr glass tonight,C-dub wrote:So, does this mean that the intoxication charge was also dropped? I didn't even see it mentioned. We knew the charge regarding carrying in the hospital was dropped.
All charges dropped
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Return to “Texas soldier faces legal battle over gun in hospitial”
- Sat Jan 12, 2013 10:02 am
- Forum: General Texas CHL Discussion
- Topic: Texas soldier faces legal battle over gun in hospitial
- Replies: 261
- Views: 42078
Re: Texas soldier faces legal battle over gun in hospitial
- Wed Oct 31, 2012 1:14 pm
- Forum: General Texas CHL Discussion
- Topic: Texas soldier faces legal battle over gun in hospitial
- Replies: 261
- Views: 42078
Re: Texas soldier faces legal battle over gun in hospitial
I've been thinking about exactly that since this thread started. While it isn't the same as the soldier's case, I could see myself in similar circumstances. If I decide to have a toddy or nightcap, whichever name you choose to give it, before going to bed and some BG picks that night to break into my house, have I compromised my ability to defend myself? I don't think so. I would never go out of my house and drink alcohol while carrying, even a small glass of wine with dinner. But in the supposed sanctity of my own home, where the guns are always readily available, I make a different choice. An LEO responding to my house after a self-defense shooting would then be able to smell alcohol on my breath. I would hope that the standards for determining my condition would be higher than that, at least here in Texas.cbunt1 wrote:I know that there are those among us who practice the "0 tolerance" /' temperance mindset around carrying and drinking. And I will always agree that in that awful moment I would prefer to never have the question even come up, that is NOT how Texas law is written. Complete prohibition of alcohol while armed is *NOT* Texas statue -- if it were, the statute would look much more like Tennessee's law, which is a CLEAR abstinence/prohibition standard. Agree or disagree with that requirement as you will, there's no question as to the intent and application of such a position. If we (as Texans) prefer a 0-tolerance, no alcohol on-board statute, the law should be changed to reflect such. If we choose not to follow that standard, there MUST be an objective standard by which it is judged, and we MUST have case law to support it.
Again, I am not a lawyer, just an opinionated CHL holder and instructor who may or may not condone all legal behavior, but will defend another's legal right to engage in behavior.