CHL Arrested in Friendswood for Unlawful Carry
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CHL Arrested in Friendswood for Unlawful Carry
I get the Friendswood Police Activity Report weekly and this was in this weeks email. In fact, I've seen this sort of thing a couple of times lately in the reports. Personally, I never carry and drink, but that's just common sense IMO.
I also wonder if the gun being in visible sight was part of unlawful carry or just being drunk?
"Feb. 2 (4:35 a.m.) Tina Marie Perez, 43, of Houston, was charged with Unlawfully Carrying a Handgun by a CHL Holder. An officer noticed a suspicious vehicle parked near Bank of America by Baybrook Mall. The officer checked the welfare of the driver and found Perez asleep. The officer detected the smell of alcohol and asked Perez to exit the vehicle. At that point, Perez began to reach toward the passenger where the officer observed a handgun. The officer quickly took possession of the handgun. Perez began to fight with the officer and was taken into custody."
I also wonder if the gun being in visible sight was part of unlawful carry or just being drunk?
"Feb. 2 (4:35 a.m.) Tina Marie Perez, 43, of Houston, was charged with Unlawfully Carrying a Handgun by a CHL Holder. An officer noticed a suspicious vehicle parked near Bank of America by Baybrook Mall. The officer checked the welfare of the driver and found Perez asleep. The officer detected the smell of alcohol and asked Perez to exit the vehicle. At that point, Perez began to reach toward the passenger where the officer observed a handgun. The officer quickly took possession of the handgun. Perez began to fight with the officer and was taken into custody."
"All of life's big problems include the words "Indictment" or "Inoperable", everything else is small stuff." Alton Brown
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Re: CHL Arrested in Friendswood for Unlawful Carry
1. Gun visible in passenger compartment.
2. Drunk
3. Fighting with an officer!?!?
Three strikes and you're out!
2. Drunk
3. Fighting with an officer!?!?
Three strikes and you're out!
Diplomacy is the Art of Letting Someone Have Your Way
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Re: CHL Arrested in Friendswood for Unlawful Carry
And she's lucky the car was parked otherwise a dui would be tacked onto the list of charges
Re: CHL Arrested in Friendswood for Unlawful Carry
It's technically a DWI; DUI is only a charge against a minor. However, if she was behind the wheel, the vehicle does not have to be moving to be charged with DWI.tms119 wrote:And she's lucky the car was parked otherwise a dui would be tacked onto the list of charges
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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Topic author - Senior Member
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Re: CHL Arrested in Friendswood for Unlawful Carry
Keith B wrote:It's technically a DWI; DUI is only a charge against a minor. However, if she was behind the wheel, the vehicle does not have to be moving to be charged with DWI.tms119 wrote:And she's lucky the car was parked otherwise a dui would be tacked onto the list of charges
I think it has something to do with keys in the ignition, but not really sure.
"All of life's big problems include the words "Indictment" or "Inoperable", everything else is small stuff." Alton Brown
Re: CHL Arrested in Friendswood for Unlawful Carry
Actually, it is kind of a discretionary call. The definition in Texas transportation Code 724.001 states:Tireshred wrote:Keith B wrote:It's technically a DWI; DUI is only a charge against a minor. However, if she was behind the wheel, the vehicle does not have to be moving to be charged with DWI.tms119 wrote:And she's lucky the car was parked otherwise a dui would be tacked onto the list of charges
I think it has something to do with keys in the ignition, but not really sure.
So, depending on the officer and how much they want to push it, if she is sitting behind the wheel of or totally alone in the motor vehicle, she could be considered 'in control'. It is no different than you getting out and leaving a passenger in the car with your firearm concealed. Under MPA that passenger is now 'in control' of the motor vehicle and as such is in control of the firearm that is left in it and must legally be able to possess it.Sec. 724.001. DEFINITIONS. In this chapter:
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(11) "Operate" means to drive or be in actual control of a motor vehicle or watercraft.
........
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Re: CHL Arrested in Friendswood for Unlawful Carry
Didn't Randy Travis get tagged with DWI because he was sleeping while drunk in a car in a church parking lot? I vaguely remember that....
Re: CHL Arrested in Friendswood for Unlawful Carry
This woman was a police officer at one time. She was involved in a love triangle with another officer. http://masscops.com/threads/texas-polic ... nce.62663/" onclick="window.open(this.href);return false;
Here are the court cases from the love triangle incident:
Aggravated Assault with a Weapon Dismissed http://www.hcdistrictclerk.com/edocs/pu ... sRPx1vWQQ=" onclick="window.open(this.href);return false;
Disorderly Conduct (Misdemeanor) Case Disposed (differed adjusication) http://www.hcdistrictclerk.com/edocs/pu ... NNaiEBO6U=" onclick="window.open(this.href);return false;
Here is the charge for the Unlawful Carry:
http://www.hcdistrictclerk.com/edocs/pu ... pcZkLEjRs=" onclick="window.open(this.href);return false;
I am not sure how she had a valid CHL since the Disorderly Conduct charge from 2001 should have been a Class B as it involved a firearm and a deferred adjudication is considered a conviction. Is way less than 10 years.
Here are the court cases from the love triangle incident:
Aggravated Assault with a Weapon Dismissed http://www.hcdistrictclerk.com/edocs/pu ... sRPx1vWQQ=" onclick="window.open(this.href);return false;
Disorderly Conduct (Misdemeanor) Case Disposed (differed adjusication) http://www.hcdistrictclerk.com/edocs/pu ... NNaiEBO6U=" onclick="window.open(this.href);return false;
Here is the charge for the Unlawful Carry:
http://www.hcdistrictclerk.com/edocs/pu ... pcZkLEjRs=" onclick="window.open(this.href);return false;
I am not sure how she had a valid CHL since the Disorderly Conduct charge from 2001 should have been a Class B as it involved a firearm and a deferred adjudication is considered a conviction. Is way less than 10 years.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Re: CHL Arrested in Friendswood for Unlawful Carry
2001 til 2015 is 14 years.. But I didnt spend but 2 years At USL
CHL Instructor since 95'/ School safety Since Jan 17'
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Re: CHL Arrested in Friendswood for Unlawful Carry
Living in Friendswood I was a little concerned reading the title. Since I don't drink at all, am home during almost all dark hours and don't fight with police I'm not concerned so much now.
It's fine if you disagree. I can't force you to be correct.
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A pistol without a round chambered is an expensive paper weight.
NRA Life Member, TSRA Life Member, GSSF Member
A pistol without a round chambered is an expensive paper weight.
Re: CHL Arrested in Friendswood for Unlawful Carry
Since when does the friendswood police respond to anything near baybrook mall? If it really was friendswood police they are lucky they didn't get the typical overreaction and have 3/4 of the police force surrounding them.