Unlawful Carry Arrest - Page 2
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Thread: Unlawful Carry Arrest

  1. #11
    Join Date
    Sep 2010
    Location
    Tacoma, Washington
    Posts
    475
    What is it with people who say don't drink if your carrying your firearm. What because I want to have a beer with my dinner that means I have to give up my right to defend myself if attacked. If police can do it then I should be able to do it. After all police are just citizens so if they are allowed to drink and carry when they are not working why is it that we can not do the same?

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  3. #12
    Join Date
    Jul 2009
    Location
    South Carolina/Charleston
    Posts
    2,388
    Hey Kasper: First off we have been down this drinking and CC a few times. IMO it is similar to driving. There are acceptable standards that are considered responsible limits on blood alcohol level. Depending on your body weight, number of drinks, type of drinks (ie alcohol content), and frequency of said drinks, and particularly before your go driving or before you go public with your CCW---08 seems to be the concensus. I do not believe anyone is really saying that a beer or a glass of wine or even a shot of whiskey are an absolute no no, but when you go above a standard--say 08--IMO you deserve the full weight of the law--that goes for driving and that goes for carrying. Responsibility and consequences--if anyone can argue with that, I feel sorry for them and have no sympathy.

  4. #13
    Stupid to drink in the first place, but double stupid if you're carrying. You're just another reason for the anti-gunners to keep fighting to take away our rights. Guns aren't for the immature or for people with poor judgement. Sorry about your problem, but tough. Look at it this way, you could have been drunk and killed someone, either with your gun or with your car. I've got no sympathy for drinkers with no brains.

  5. #14
    Drinking and carrying is just asking to be put in jail for the rest of your life. Would you really want to have the power to end lives when your intoxicated and dont even know what's going on because your brain and central nervous system are being shut down by a depressant, aka alcohol?

  6. All we need now is to off-track this to an argument about OC v. CC!

    To the OP,
    What you do now is get a Texas lawyer.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  7. #16
    I was asking for legitimate help I.e. Anyone that lives in TX or knows of cases like this. Yes it was stupid; however, it happened and will not again. I don't need the negative feedback. It's a forum to help not be an *****.

  8. Quote Originally Posted by Cowboy615 View Post
    I was asking for legitimate help I.e. Anyone that lives in TX or knows of cases like this. Yes it was stupid; however, it happened and will not again. I don't need the negative feedback. It's a forum to help not be an *****.
    Did the offense occur while, "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;"?

    That makes a huge world of difference. If yes, it will be a felony conviction if you are found guilty and you will lose your right to possess any firearm until the rights are restored by a Texas court. If no, it is a misdemeanor and you will look at what Mississippi law says about misdemeanor convictions in regards to your permit.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  9. Here's the applicable MS code that I could find. Read the whole section, but I picked out the paragraphs I see as relevent:

    45-9-101. License to carry concealed pistol or revolver.

    (f) Does not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under the laws of this state or similar laws of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;

    (j) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled; * * *

    (3) The Department of Public Safety may deny a license if the applicant has been found guilty of one or more crimes of violence constituting a misdemeanor unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred prior to the date on which the application is submitted, or may revoke a license if the licensee has been found guilty of one or more crimes of violence within the preceding three (3) years. The department shall, upon notification by a law enforcement agency or a court and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime which would disqualify such person from having a license under this section, until final disposition of the case. The provisions of subsection (7) of this section shall apply to any suspension or revocation of a license pursuant to the provisions of this section.
    I hope that helps with some information without feeling already pre-judged and convicted by your fellow gun community...
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  10. #19
    Join Date
    Mar 2011
    Location
    State of Confusion
    Posts
    7,733
    I once asked my partner who is an attorney what's the best thing to do if you've been drinking and get pulled over. His answer was direct and curt... "don't drink and drive." Same for guns and alcohol. Don't mix them... ever.

    I thought TX was gun friendly. You can't carry a gun in an establishment that derives 51% of it's receipts from alcohol? This is for real? Better inspect the restaurant's books before entering.
    GOD, GUNS and GUITARS

  11. Quote Originally Posted by BC1 View Post
    I thought TX was gun friendly. You can't carry a gun in an establishment that derives 51% of it's receipts from alcohol? This is for real? Better inspect the restaurant's books before entering.
    No need to inspect the books. If a place meets that criteria in Texas, they are supposed to have a huge sign at the entrance indicating that concealed carry is not allowed. The last time I visited a bar in Texas, the sign was hard to miss.

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