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Mar 25th, 2012
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Re: Alchohol and carrying heat [Re: Buzzsaw] #7163932
05/08/18 04:54 PM
05/08/18 04:54 PM
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My buddy just got a dui, the fact he had his pistol in his car was another violation on top of it all.

Re: Alchohol and carrying heat [Re: kdub] #7163971
05/08/18 05:49 PM
05/08/18 05:49 PM
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Originally Posted By: kdub
My buddy just got a dui, the fact he had his pistol in his car was another violation on top of it all.


I hate to assume so will ask, does he have LTC?

Or should I say "did he"?


It's nights like these that make me sleep all day

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Re: Alchohol and carrying heat [Re: Buzzsaw] #7164090
05/08/18 08:08 PM
05/08/18 08:08 PM
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Whether a driver has a LTC or not, having a firearm in the car while drunk driving is a crime - the unlawful possession of a weapon - because drunk driving is a crime above a Class C traffic ordinance.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.


Tex. Pen. Code Ann. 46.02

Re: Alchohol and carrying heat [Re: Buzzsaw] #7164118
05/08/18 08:35 PM
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I can't remember if he has an ltc or not.

Re: Alchohol and carrying heat [Re: Buzzsaw] #7164124
05/08/18 08:40 PM
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Thanks. I was sure it is a crime. Follow up question would be how this affects their
future ability to obtain LTC or even purchase firearms.


It's nights like these that make me sleep all day

Lucero
Re: Alchohol and carrying heat [Re: PKnTX] #7164127
05/08/18 08:43 PM
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Originally Posted By: PKnTX
Thanks. I was sure it is a crime. Follow up question would be how this affects their
future ability to obtain LTC or even purchase firearms.


Yes, most likely will be a Class A misdemeanor if it is a first offense DWI, which is a disqualifier for a LTC.

If it turns into a felony DWI, then they are prohibited from owning or even being in possession of a firearm for the rest of their life.



Re: Alchohol and carrying heat [Re: jeffbird] #7164676
05/09/18 09:07 AM
05/09/18 09:07 AM
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Originally Posted By: jeffbird
Whether a driver has a LTC or not, having a firearm in the car while drunk driving is a crime - the unlawful possession of a weapon - because drunk driving is a crime above a Class C traffic ordinance.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.


Tex. Pen. Code Ann. 46.02


With a LTC is it up to officer if you are drunk, if you read the early posts

Without a LTC maybe you have to have BAC of .08 and above

Re: Alchohol and carrying heat [Re: Nogalus Prairie] #7164677
05/09/18 09:09 AM
05/09/18 09:09 AM
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Originally Posted By: Nogalus Prairie
Glad that worked out for you - sounds like you did everything just right.

Even rookie cops are not supposed to be idiots.

That's kinda why they undergo the training to be certified. The problem with letting them figure things out is that they might kill somebody or get themselves or someone else killed in the meantime.


My uncle got in issue with a Dallas cop. He was drinking one night and the cop was there but in plain clothes. Somehow my uncle carried a couple thousand cash on him and the cop starting asking him question.

They got into a fight, the plain clothes cop pulled his gun and fired it, thankfully it jammed. My uncle beat him up.

Long story short, he got charged with attempted capital murder, Grand Jury no billed him.

Re: Alchohol and carrying heat [Re: RedRanger] #7165210
05/09/18 09:13 PM
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Originally Posted By: RedRanger
Originally Posted By: jeffbird
Whether a driver has a LTC or not, having a firearm in the car while drunk driving is a crime - the unlawful possession of a weapon - because drunk driving is a crime above a Class C traffic ordinance.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.


Tex. Pen. Code Ann. 46.02


With a LTC is it up to officer if you are drunk, if you read the early posts

Without a LTC maybe you have to have BAC of .08 and above



Please post the different definitions of "intoxication" that you think apply to the two different scenarios, drunk driving with a LTC vs. drunk driving without a LTC, as the definition looks the same to me regardless, but I'm open to learning something new.


Re: Alchohol and carrying heat [Re: jeffbird] #7165319
05/09/18 11:46 PM
05/09/18 11:46 PM
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Originally Posted By: jeffbird
Originally Posted By: RedRanger
Originally Posted By: jeffbird
Whether a driver has a LTC or not, having a firearm in the car while drunk driving is a crime - the unlawful possession of a weapon - because drunk driving is a crime above a Class C traffic ordinance.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.


Tex. Pen. Code Ann. 46.02


With a LTC is it up to officer if you are drunk, if you read the early posts

Without a LTC maybe you have to have BAC of .08 and above



Please post the different definitions of "intoxication" that you think apply to the two different scenarios, drunk driving with a LTC vs. drunk driving without a LTC, as the definition looks the same to me regardless, but I'm open to learning something new.



The standard is the same either way. It is a BAC of .08 or more or losing the use of your mental or physical faculties. Either way it's the officer making a determination of whether you are intoxicated or not. The only difference is the charge. If you don't have an LTC it's UCW and if you do have one it's Unlawful Carrying of Handgun by License Holder.


Re: Alchohol and carrying heat [Re: Grizz] #7165331
05/10/18 12:05 AM
05/10/18 12:05 AM
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Originally Posted By: Grizz
Originally Posted By: jeffbird
Originally Posted By: RedRanger
Originally Posted By: jeffbird
Whether a driver has a LTC or not, having a firearm in the car while drunk driving is a crime - the unlawful possession of a weapon - because drunk driving is a crime above a Class C traffic ordinance.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:

(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.


Tex. Pen. Code Ann. 46.02


With a LTC is it up to officer if you are drunk, if you read the early posts

Without a LTC maybe you have to have BAC of .08 and above



Please post the different definitions of "intoxication" that you think apply to the two different scenarios, drunk driving with a LTC vs. drunk driving without a LTC, as the definition looks the same to me regardless, but I'm open to learning something new.



The standard is the same either way. It is a BAC of .08 or more or losing the use of your mental or physical faculties. Either way it's the officer making a determination of whether you are intoxicated or not. The only difference is the charge. If you don't have an LTC it's UCW and if you do have one it's Unlawful Carrying of Handgun by License Holder.


Thank you Grizz.

Re: Alchohol and carrying heat [Re: Buzzsaw] #7165734
05/10/18 02:18 PM
05/10/18 02:18 PM
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That right there is the reason I don't have a LTC but do carry in my truck.........

Re: Alchohol and carrying heat [Re: Buzzsaw] #7178305
05/24/18 04:21 AM
05/24/18 04:21 AM
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I've been pulled over about 5 times in the 8 years I've had my CHL. Every time I did what was stated above (windows down, keys on dash, dome light on if it was night). I had one officer ask me to point to where it was (told him I was carrying apendix) which made me uncomfortable moving my hand any direction toward my gun. None wanted to see it or remove it. 1 didn't even ask where it was. I didn't get tickets for any of the stops. I think they do respect someone who goes the extra steps to get the license.

I will occasionally have a beer out at dinner and still carry. Very rare I drink more than that out in public anyway.

Re: Alchohol and carrying heat [Re: Buzzsaw] #7178510
05/24/18 01:50 PM
05/24/18 01:50 PM
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Nope. If I even think I may have a drink, my weapon stays home. Since I do 99% of the driving, I don't drink away from home base anyway. Just not worth it.


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Re: Alchohol and carrying heat [Re: Buzzsaw] #7213228
07/01/18 07:46 PM
07/01/18 07:46 PM
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If you find yourself not being able to know your limits, leave it at home.

Last edited by MS1454; 07/01/18 07:58 PM.

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I'll take a Black Female every time.

Re: Alchohol and carrying heat [Re: jeffbird] #7213621
07/02/18 10:57 AM
07/02/18 10:57 AM
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Originally Posted By: jeffbird
Originally Posted By: PKnTX
Thanks. I was sure it is a crime. Follow up question would be how this affects their
future ability to obtain LTC or even purchase firearms.


Yes, most likely will be a Class A misdemeanor if it is a first offense DWI, which is a disqualifier for a LTC.



Maybe in Texas


Easy solution: Get a LTC/CHL from Vermont or another state that Texas has agreement with.


This is done on a regular basis to drive in Texas when a person can't get a Texas DL due not having a valid visa, they go to one of the states that issues DL to illegal aliens and they are legal to drive in Texas.

Re: Alchohol and carrying heat [Re: RedRanger] #7214194
07/02/18 11:40 PM
07/02/18 11:40 PM
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Originally Posted By: RedRanger
Originally Posted By: jeffbird
Originally Posted By: PKnTX
Thanks. I was sure it is a crime. Follow up question would be how this affects their
future ability to obtain LTC or even purchase firearms.


Yes, most likely will be a Class A misdemeanor if it is a first offense DWI, which is a disqualifier for a LTC.



Maybe in Texas


Easy solution: Get a LTC/CHL from Vermont or another state that Texas has agreement with.


This is done on a regular basis to drive in Texas when a person can't get a Texas DL due not having a valid visa, they go to one of the states that issues DL to illegal aliens and they are legal to drive in Texas.
you are the equivalent of what the Army calls a barracks lawyer. You spew off a bunch of nonsense you know nothing about lol but pretend to know it all. Thankfully Grizz cleared it all up.


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Re: Alchohol and carrying heat [Re: SapperTitan] #7214250
07/03/18 12:42 AM
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Originally Posted By: SapperTitan
Originally Posted By: RedRanger
Originally Posted By: jeffbird
Originally Posted By: PKnTX
Thanks. I was sure it is a crime. Follow up question would be how this affects their
future ability to obtain LTC or even purchase firearms.


Yes, most likely will be a Class A misdemeanor if it is a first offense DWI, which is a disqualifier for a LTC.



Maybe in Texas


Easy solution: Get a LTC/CHL from Vermont or another state that Texas has agreement with.


This is done on a regular basis to drive in Texas when a person can't get a Texas DL due not having a valid visa, they go to one of the states that issues DL to illegal aliens and they are legal to drive in Texas.
you are the equivalent of what the Army calls a barracks lawyer. You spew off a bunch of nonsense you know nothing about lol but pretend to know it all. Thankfully Grizz cleared it all up.


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