Texas soldier faces legal battle over gun in hospitial

[WildBill]

so what does "UNL CARRY HANDGUN LIC HOLDER " mean?

sorta feel like heading up to Bell county and walking around but then again I don't really have time in my life to be arrested

Unlawful Carry by a CHL holder

[SewTexas]

soooooo, the cop or "someone" is saying that the CHL holder has "allegedly" (always have hated that word, but I suppose it's correct to use here) carried their weapon into a 30.06 posted establishment? or somewhere else it's illegal to carry?

[Keith B]

soooooo, the cop or "someone" is saying that the CHL holder has "allegedly" (always have hated that word, but I suppose it's correct to use here) carried their weapon into a 30.06 posted establishment? or somewhere else it's illegal to carry?

Not nessecarily. They may have intentionally not concealed the gun for some reason or may have been inviolved in a crime (deadly conduct) and used displayed the weapon (road rage for instance)

[WildBill]

soooooo, the cop or "someone" is saying that the CHL holder has "allegedly" (always have hated that word, but I suppose it's correct to use here) carried their weapon into a 30.06 posted establishment? or somewhere else it's illegal to carry?

Not nessecarily. They may have intentionally not concealed the gun for some reason or may have been inviolved in a crime (deadly conduct) and used displayed the weapon (road rage for instance)

Here is another thread that discusses some of the other scenarios.
viewtopic.php?f=7&t=41958&p=505400&hili ... ry#p505400" onclick="window.open(this.href);return false;

[E.Marquez]

soooooo, the cop or "someone" is saying that the CHL holder has "allegedly" (always have hated that word, but I suppose it's correct to use here) carried their weapon into a 30.06 posted establishment? or somewhere else it's illegal to carry?

No The original charge WAS violation of violation of 46.065 Carrying a concealed hand gun in a hospital.. He was notified, arrested, charged and released on bail.

A plea bargain was offered on lesser charges, when Mr Sampson's lawyer pointed out to the ADA that no violation occurred due to the hospital not having complied with requirement to post 30.06 or verbally notify, neither of which were done..the charges were changed well after the night of the event to carrying while intoxicated.

The sole evidence presented in discover at this point is the accused admission he had had shared wine with is wife over a 6 hour period,, and the LEO stating he smelled alcohol on the accused breath.

[JP171]

soooooo, the cop or "someone" is saying that the CHL holder has "allegedly" (always have hated that word, but I suppose it's correct to use here) carried their weapon into a 30.06 posted establishment? or somewhere else it's illegal to carry?

No The original charge WAS violation of violation of 46.065 Carrying a concealed hand gun in a hospital.. He was notified, arrested, charged and released on bail.

A plea bargain was offered on lesser charges, when Mr Sampson's lawyer pointed out to the ADA that no violation occurred due to the hospital not having complied with requirement to post 30.06 or verbally notify, neither of which were done..the charges were changed well after the night of the event to carrying while intoxicated.

The sole evidence presented in discover at this point is the accused admission he had had shared wine with is wife over a 6 hour period,, and the LEO stating he smelled alcohol on the accused breath.

I say again that the soldier is being prosocuted for contempt of cop, since there is no actual such law on the books the DA is looking for anything he/she can find to jail the individual. My personal belief is that because the charges are an ever evolving random set of things thrown out there to see what sticks the Judge should dismiss all charges, hold the DA and the arresting Officer in contemp for 6 months to remind both of them that contemp of cop does not exist period. if the DA and Officer can be held responsible for bogus charges they may think a litte more before just throwing out bogus stuff and hopeing something works because the guy didn't do exactly what the LEO illegally told him to do.

[Keith B]

soooooo, the cop or "someone" is saying that the CHL holder has "allegedly" (always have hated that word, but I suppose it's correct to use here) carried their weapon into a 30.06 posted establishment? or somewhere else it's illegal to carry?

No The original charge WAS violation of violation of 46.065 Carrying a concealed hand gun in a hospital.. He was notified, arrested, charged and released on bail.

A plea bargain was offered on lesser charges, when Mr Sampson's lawyer pointed out to the ADA that no violation occurred due to the hospital not having complied with requirement to post 30.06 or verbally notify, neither of which were done..the charges were changed well after the night of the event to carrying while intoxicated.

The sole evidence presented in discover at this point is the accused admission he had had shared wine with is wife over a 6 hour period,, and the LEO stating he smelled alcohol on the accused breath.

I say again that the soldier is being prosocuted for contempt of cop, since there is no actual such law on the books the DA is looking for anything he/she can find to jail the individual. My personal belief is that because the charges are an ever evolving random set of things thrown out there to see what sticks the Judge should dismiss all charges, hold the DA and the arresting Officer in contemp for 6 months to remind both of them that contemp of cop does not exist period. if the DA and Officer can be held responsible for bogus charges they may think a litte more before just throwing out bogus stuff and hopeing something works because the guy didn't do exactly what the LEO illegally told him to do.

The term is called 'Grasping at straws'. I hope this guy is able to fight this one to the end and get some civil restitution if found not guilty or they end up dropping charges.

[E.Marquez]

My meeting with the lawyer has been moved to Monday.. so no first hand recounted news till then.
Of note, I was told a actual copy of the police report was not allowed to be given to me by the defense lawyer. Under the rules of discovery, the DA has to give it to the defense, but there is an agreement that it can not be further passed on.. HOWEVER I will be allowed to read it.
I also will hear the 911 call that started this event (Mr Sampson's call for help for his wife)

I know one question is... whats is in the report reference alcohol intoxication.
Anything else?

[JP171]

My meeting with the lawyer has been moved to Monday.. so no first hand recounted news till then.
Of note, I was told a actual copy of the police report was not allowed to be given to me by the defense lawyer. Under the rules of discovery, the DA has to give it to the defense, but there is an agreement that it can not be further passed on.. HOWEVER I will be allowed to read it.
I also will hear the 911 call that started this event (Mr Sampson's call for help for his wife)

I know one question is... whats is in the report reference alcohol intoxication.
Anything else?

yes did the officer document his belief of suicidal ideation/action, did he document that he asked/told the actor to leave his weapon at home, what if any was his rational for the above, did he document anything about the actor and alcohol of any sort, not the wife. basically the entire narrative on the report so that we can see if the officer was predisposed to having a tendancy towards the actor as either disbelief of his story or disregarding any statements or misinterprtation of comments made. Also what department/city, I might like to file a FIA.

[E.Marquez]

yes did the officer document his belief of suicidal ideation/action,

Wow, talk about left field,, but ok sure I'll look closely.

did he document that he asked/told the actor to leave his weapon at home,

Ok will do.

what if any was his rational for the above,

I think your looking for content not normally in a police report now, but ok sure I'll respond back as to what i find on this "question"

did he document anything about the actor and alcohol of any sort, not the wife

yes of course, and it will will have content reference this, to what Im not positive yet.

Also what department/city, I might like to file a FIA.

i'll record that as well...

[Ruark]

Let's keep in mind that there is NO alcohol limit when you're CCW. If you consume alcohol - ANY amount - while CCW, and it is detected by an LEA (e.g. smells it on your breath), you can be arrested, your weapon confiscated, and your CHL permanently revoked. Our CHL instructor (with 25 years of LEO experience) painted this scenario: you're in Applebee's with your weapon under your shirt. Your wife says that wine's good and asks you to taste it. You taste a couple of drops. "That's good!" you say, and hand it back. On the way home, you get stopped for some reason and the LEO smells that wine you tasted. Pow, you lost your CHL. Moral: alcohol and CHLs do... not... mix.

[E.Marquez]

Let's keep in mind that there is NO alcohol limit when you're CCW. If you consume alcohol - ANY amount - while CCW, and it is detected by an LEA (e.g. smells it on your breath), you can be arrested, your weapon confiscated, and your CHL permanently revoked. Our CHL instructor (with 25 years of LEO experience) painted this scenario: you're in Applebee's with your weapon under your shirt. Your wife says that wine's good and asks you to taste it. You taste a couple of drops. "That's good!" you say, and hand it back. On the way home, you get stopped for some reason and the LEO smells that wine you tasted. Pow, you lost your CHL. Moral: alcohol and CHLs do... not... mix.

Your understanding of the law is incorrect as commonly understood.

Please read TPC 49.01

PENAL CODETITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALSCHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSESSec. 49.01. DEFINITIONS. In this chapter:(1) "Alcohol concentration" means the number of grams of alcohol per:(A) 210 liters of breath;(B) 100 milliliters of blood; or(C) 67 milliliters of urine.(2) "Intoxicated" means:(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or(B) having an alcohol concentration of 0.08 or more.

And TPC 46.035

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;(3) on the premises of a correctional facility;(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;(5) in an amusement park; or(6) on the premises of a church, synagogue, or other established place of religious worship.(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a governmental entity.(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.(f) In this section:(1) "Amusement park" means a permanent indoor or outdoor facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.(2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.(h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force under Chapter 9.

I think you'll find what you think you know is differnt then what the law states.

[RottenApple]

Let's keep in mind that there is NO alcohol limit when you're CCW. If you consume alcohol - ANY amount - while CCW, and it is detected by an LEA (e.g. smells it on your breath), you can be arrested, your weapon confiscated, and your CHL permanently revoked. Our CHL instructor (with 25 years of LEO experience) painted this scenario: you're in Applebee's with your weapon under your shirt. Your wife says that wine's good and asks you to taste it. You taste a couple of drops. "That's good!" you say, and hand it back. On the way home, you get stopped for some reason and the LEO smells that wine you tasted. Pow, you lost your CHL. Moral: alcohol and CHLs do... not... mix.

I'm sorry, but you (and your CHL instructor) are wrong. Take a look at the CHL-16.

GC §411.171. DEFINITIONS. In this subchapter:
(1) “Action” means single action, revolver, or semi-automatic action.
(2) “Chemically dependent person” means a person who frequently or
repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an i nvoluntary tendency to become intoxicated or use those substances as often as the opportunity is presented.
(3) “Concealed handgun” means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
(4) “Convicted” means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged;
(B) pardonedundertheauthorityofastateorfederalofficial;or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or
sealed under any state or federal law. (4-a) “Federal judge” means:
(A) a judge of a United States court of appeals;
(B) a judge of a United States district court;
(C) a judge of a United States bankruptcy court; or
(D) a magistrate judge of a United States district court.
(4-b) “State judge” means:
(A) the judge of an appellate court, a district court, or a county court at law of this state;
or (B) an associate judge appointed under Chapter 201, Family Code;
(C) ajusticeofthepeace.
(5) “Handgun” has the meaning assigned by Section 46.01, Penal Code.
(6) “Intoxicated” has the meaning assigned by Section 49.01, Penal Code.
(7) “Qualified handgun instructor” means a person who is certified to instruct in the use of handguns by the department.
(8) *[repealed by Acts 1999, 76th Leg., ch. 62, §9.02.]

Ok. So now we need to switch over to Section 49.01 of the Texas Penal Code:

Sec. 49.01. DEFINITIONS. In this chapter:
(1) "Alcohol concentration" means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
(2) "Intoxicated" means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more.
(3) "Motor vehicle" has the meaning assigned by Section 32.34(a).
(4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.
(5) "Amusement ride" has the meaning assigned by Section 2151.002, Occupations Code.
(6) "Mobile amusement ride" has the meaning assigned by Section 2151.002, Occupations Code.

So, unless the police officer documented the soldier "not having the normal use of mental or physical faculties" or "having an alcohol concentration of 0.08 or more" in the original report, then the simple admission by the soldier that he had shared some wine with his wife is not (or should not be) an issue. Nor should the mere smell of alcohol on his breath. Especially if not documented.

And let's face it, if the charges were true, then they would have been added during the arrest, not several weeks later.

[cbunt1]

And the last couple of posts speak to exactly why this case is so incredibly important to all of us as a matter of case law.

There's another factor at play here too, but I'm not sure how it can be addressed from the legal perspective. This "fishing for charges" nonsense, and strongarm/blackmail tactic from the local DA is nonsense. It's a clear abuse of the concept of prosecutorial discretion...and yet any attempt to formalize a change in such tactics would destroy the ability to plea-bargin...

Which, in the vernacular, may not be such a bad thing...of course, the unintended consequences would be grave. At any rate, I don't beleive the after-the-fact tacking-on of various charges is even remotely close to what the founding fathers had in mind...but I digress.

[WildBill]

And the last couple of posts speak to exactly why this case is so incredibly important to all of us as a matter of case law.

I don't see any issues that will become or involve case law. Which posts are you referring?