Drinking While Carrying

BrassMonkey · #46

I don't drink alcohol ever. Never never never....

HankB · #47

srothstein wrote: . . . And here is a trick you might not be aware of that could really hurt you. If the officer books you for 46.035 carrying while intoxicated, be careful that he does not also book you for PI. Most PI cases are not truly heard or handled, but you are held until sober, then found guilty and sentenced to time served or such. If I were handling this type of incident, I would guarantee I would do this, because I could then use the PI conviction as proof that another court had FOUND that you were intoxicated at that point in time. Makes this case easy since there is a rule saying I only need to adjudicate any point one time.

The whole question is really revolving NOT around someone who's drunk or doped up while carrying, but who may have had a drink or two . . . and a possible LEO who decides on his own that that constitutes "intoxication."

If the LEO lacks hard evidence, but wants to proceed anyway, how does one "be careful" that what sounds like a crooked/dirty cop doesn't trump up charges of public intoxication, in order to facilitate a later conviction for carrying while intoxicated?

BrassMonkey · #48

Don't blow, call an attorney immediately IMHO

KBCraig · #49

txinvestigator wrote:And to return the favor, An Active duty military CAN obtain a CHL prior to 21, no?

LOL, I thought of that this morning before I logged on, and meant to post an addendum.

txinvestigator wrote:There is no legal prohibition against a cop carrying while intoxicated.

So long as "cop" = "Texas peace officer", right? Out of staters or non-TCLEOSE LEOs (such as feds who aren't "Special Agents" by Texas law), who are carrying under authority of LEOSA, can't be "intoxicated" (not defined in federal law, either). If they were found to be carrying while intoxicated, they would lose LEOSA protection, and could be charged with UCW.

We're getting off into the small details here, which won't apply to most people, but it's interesting to note how the law doesn't always apply as intended.

Kevin

frankie_the_yankee · #50

HankB wrote:
srothstein wrote: . . . And here is a trick you might not be aware of that could really hurt you. If the officer books you for 46.035 carrying while intoxicated, be careful that he does not also book you for PI. Most PI cases are not truly heard or handled, but you are held until sober, then found guilty and sentenced to time served or such. If I were handling this type of incident, I would guarantee I would do this, because I could then use the PI conviction as proof that another court had FOUND that you were intoxicated at that point in time. Makes this case easy since there is a rule saying I only need to adjudicate any point one time.
The whole question is really revolving NOT around someone who's drunk or doped up while carrying, but who may have had a drink or two . . . and a possible LEO who decides on his own that that constitutes "intoxication."

If the LEO lacks hard evidence, but wants to proceed anyway, how does one "be careful" that what sounds like a crooked/dirty cop doesn't trump up charges of public intoxication, in order to facilitate a later conviction for carrying while intoxicated?

Exactly.

I don't go around worrying about what some crooked or dirty cop might try to do to me. Mostly, this is because the overwhelming majority of cops are good and basically honest people who would never do such a thing.

But if I was ever brought up on PI charges after having one drink, I have two words - "Not Guilty".

Then I'd hire the best lawyers around. When I was done, Goober and his Justice of the Peace pal would be working the drive up window at the local DQ.

txinvestigator · #51

KBCraig wrote:
txinvestigator wrote:And to return the favor, An Active duty military CAN obtain a CHL prior to 21, no?
LOL, I thought of that this morning before I logged on, and meant to post an addendum.

txinvestigator wrote:There is no legal prohibition against a cop carrying while intoxicated.
So long as "cop" = "Texas peace officer", right? Out of staters or non-TCLEOSE LEOs (such as feds who aren't "Special Agents" by Texas law), who are carrying under authority of LEOSA, can't be "intoxicated" (not defined in federal law, either). If they were found to be carrying while intoxicated, they would lose LEOSA protection, and could be charged with UCW.

We're getting off into the small details here, which won't apply to most people, but it's interesting to note how the law doesn't always apply as intended.

Kevin

Kevin, the only specific prohibition I am aware of against carrying a gun while intoxicated is for CHLers.

Admittedly I don't know much about LEOSA. Is that a Federal Prohibition?

9mmGuy · #52

So if i can find a cup that holds a 12 pack. is that considered one drink?

KBCraig · #53

txinvestigator wrote:Admittedly I don't know much about LEOSA. Is that a Federal Prohibition?

The Law Enforcement Officers Safety Act of 2004, often referred to as "HR-218", but now it's Public Law 108-277, 18 USC 926.

It's the "nationwide carry for LEOs" law, which says that a qualified LEO, or qualified retired LEO, can carry a concealed handgun notwithstanding the laws of states or political subdivisions.

The definition of "qualified" in that law includes "is not intoxicated".

There are about 3,000 Federal Bureau of Prisons personnel in Texas who are "qualified law enforcement officers" under LEOSA, but who are not Texas Peace Officers, nor "Special Agents" as qualified in Texas law. The exemptions in Texas law for Peace Officers do not apply.

So, if a BOP employee is carrying a concealed handgun while intoxicated, he loses his LEOSA protection (he no longer meets the definition of "qualified"), and would be just Joe Schmoe with a gun and no license, making it Unlawfully Carrying a Weapon.

Kevin

txinvestigator · #54

KBCraig wrote:
txinvestigator wrote:Admittedly I don't know much about LEOSA. Is that a Federal Prohibition?
The Law Enforcement Officers Safety Act of 2004, often referred to as "HR-218", but now it's Public Law 108-277, 18 USC 926.

It's the "nationwide carry for LEOs" law, which says that a qualified LEO, or qualified retired LEO, can carry a concealed handgun notwithstanding the laws of states or political subdivisions.

]^^^^^^^^^^^That I knew. Below I did not. Thanks.

The definition of "qualified" in that law includes "is not intoxicated".

There are about 3,000 Federal Bureau of Prisons personnel in Texas who are "qualified law enforcement officers" under LEOSA, but who are not Texas Peace Officers, nor "Special Agents" as qualified in Texas law. The exemptions in Texas law for Peace Officers do not apply.

So, if a BOP employee is carrying a concealed handgun while intoxicated, he loses his LEOSA protection (he no longer meets the definition of "qualified"), and would be just Joe Schmoe with a gun and no license, making it Unlawfully Carrying a Weapon.

Kevin

Jacob Staff · #55

BrassMonkey wrote:I don't drink alcohol ever. Never never never....

Strange user name for someone who does not drink

Jason73 · #56

I dont touch alcohol when Im carrying. My CHL instructor had a great point - If you have to use your gun and you have alcohol in your system, ANY alcohol, the prosecution is going to have a field day with you and you WILL go to prison.

Jason73 · #57

Jacob Staff wrote: Someone needs to ask Dick Cheney about this

or Teddy "where's the scotch, its breakfast time!" Kennedy

I would go hunting with Dick Cheney, but there is no way in

that you will get me in Kennedy's car while he is driving

frankie_the_yankee · #58

Jason73 wrote:I dont touch alcohol when Im carrying. My CHL instructor had a great point - If you have to use your gun and you have alcohol in your system, ANY alcohol, the prosecution is going to have a field day with you and you WILL go to prison.

And I think that that's a load of balony.

txinvestigator · #59

frankie_the_yankee wrote:
Jason73 wrote:I dont touch alcohol when Im carrying. My CHL instructor had a great point - If you have to use your gun and you have alcohol in your system, ANY alcohol, the prosecution is going to have a field day with you and you WILL go to prison.
And I think that that's a load of balony.

Agreed. That statement is FULL of different flavors of balogna.

Jason73 · #60

only if its Oscar Mayer

to each their own, Id rather not find out the hard way and frankly Id rather drink a pepsi than a beer!