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Started By
Message
Texans: Help me out. How does one get charged w/ UNLAWFULLY carrying a gun?
Posted on 5/17/20 at 10:54 am
Posted on 5/17/20 at 10:54 am
quote:
Buffalo Bills defensive lineman Ed Oliver was arrested Saturday night in his hometown of Houston on charges of driving while intoxicated and unlawfully carrying a weapon
Gun was found in his car.
Seriously, How is this “unlawful” in TEXAS?
This post was edited on 5/17/20 at 10:55 am
15
Posted on 5/17/20 at 10:56 am to Covingtontiger77
It's an offense to carry a weapon while intoxicated.
Happy to help.
Happy to help.
This post was edited on 5/17/20 at 10:57 am
Posted on 5/17/20 at 10:58 am to cokebottleag
quote:
It's an offense to carry a weapon while intoxicated.
Wait so if you re intoxicated and there is a gun in your car, not on your person, this is illegal?
I could maybe understand this if he was brandishing it.
But to have it in your car say in a glovebox or under a seat is some bullshite.
This post was edited on 5/17/20 at 10:59 am
Posted on 5/17/20 at 10:58 am to Covingtontiger77
quote:
Gun was found in his car.
Seriously, How is this “unlawful” in TEXAS?
its not, cops and DA are stupid
SCOTUS has already ruled that your car is an extension of your home with all rights and protections the same. you have a right to have and bear arms in your own home and in you car as an extension of your home
Posted on 5/17/20 at 10:58 am to Covingtontiger77
He's drunk. Weapon needed to be secured maybe.
Posted on 5/17/20 at 10:58 am to cokebottleag
quote:while this is true it does seem to be a gross stretch of the intent of that law to mean gun in car
It's an offense to carry a weapon while intoxicated
Posted on 5/17/20 at 10:59 am to Covingtontiger77
I don't agree with it, but I could see the argument being akin to possession. If you are drunk at home and it's in your gun safe or counter that doesn't seem to make sense though.
This post was edited on 5/17/20 at 11:01 am
Posted on 5/17/20 at 10:59 am to keakar
quote:
SCOTUS has already ruled that your car is an extension of your home with all rights and protections the same. you have a right to have and bear arms in your own home and in you car as an extension of your home
That's my take. There is no freaking way that the law was intended to include the gun merely being in your presence
Posted on 5/17/20 at 11:00 am to Covingtontiger77
To conceal carry* (have it in your car) it outside your home you need a CHL.
I don’t have a CHL but have carried my handgun around on occasion, but it really needs to be in more of a “transporting” situation.
Most people can just say “I’m transporting it” in a car and get away with it but I’m sure the intoxication stopped him from having the wherewithal to remember to claim that.
I’m not saying I agree with it, that’s just why he was charged most likely.
* others are saying your car is an extension of your home so I may be wrong.
I don’t have a CHL but have carried my handgun around on occasion, but it really needs to be in more of a “transporting” situation.
Most people can just say “I’m transporting it” in a car and get away with it but I’m sure the intoxication stopped him from having the wherewithal to remember to claim that.
I’m not saying I agree with it, that’s just why he was charged most likely.
* others are saying your car is an extension of your home so I may be wrong.
This post was edited on 5/17/20 at 11:04 am
Posted on 5/17/20 at 11:00 am to Covingtontiger77
Maybe the gun wasn’t registered to him?
Posted on 5/17/20 at 11:01 am to ShortyRob
quote:
while this is true it does seem to be a gross stretch of the intent of that law to mean gun in car
Exactly. Illegal possession while intoxicated, while it’s actually on your person- holding it or holstered to you- I get. But to say the gun was “illegal” because it’s just in your car is bullshite.
Posted on 5/17/20 at 11:01 am to cokebottleag
quote:
It's an offense to carry a weapon while intoxicated.
Ding.
Also illegal to "carry" (or be in possession) while committing a crime (DUI).
Posted on 5/17/20 at 11:02 am to 3nOut
quote:Nope. In fact, in TX if you have a handgun in your car it MUST be concealed, CHL or not.
To conceal carry (have it in your car) it outside your home you need a CHL.
This post was edited on 5/17/20 at 11:03 am
Posted on 5/17/20 at 11:02 am to Covingtontiger77
It’s illegal to carry a firearm while drunk/high/otherwise impaired by substances
Posted on 5/17/20 at 11:02 am to Covingtontiger77
quote:
Unlawful Carry of a Weapon – An Exception
An individual is prohibited from possessing a handgun while they are committing an offense (other than an offense punishable by a traffic ticket) – even if they are in a generally permissible place to lawfully carry even without a license.
For example, imagine you put your handgun in your car where the handle is still visible, go to work, and after work you head to happy hour. Now imagine you get stopped and charged with DWI. Under Texas law, the officer can charge you with UCW because you were committing an offense other than a Class C traffic offense. So while you may have never intended to commit the offense of UCW, by possessing a handgun while committing an offense other than a traffic ticket, the officer can charge you with UCW.
Posted on 5/17/20 at 11:03 am to Covingtontiger77
quote:
Wait so if you re intoxicated and there is a gun in your car, not on your person, this is illegal?
Correct
Posted on 5/17/20 at 11:04 am to WPBTiger
quote:
For example, imagine you put your handgun in your car where the handle is still visible, go to work, and after work you head to happy hour. Now imagine you get stopped and charged with DWI. Under Texas law, the officer can charge you with UCW because you were committing an offense other than a Class C traffic offense. So while you may have never intended to commit the offense of UCW, by possessing a handgun while committing an offense other than a traffic ticket, the officer can charge you with UCW
Damn in TEXAS...WOW...We talking about TEXAS!
Sounds like police over charging and will be tossed as part of his plea.
Posted on 5/17/20 at 11:05 am to Taxing Authority
Gotcha. I had a handgun and a series of rifles and shotguns but I admit to not being as well versed on current handgun laws.
Posted on 5/17/20 at 11:07 am to keakar
quote:
its not, cops and DA are stupid
You say this, but when you realize it’s all about making money, who is really the dumb one? More charges = more fines. More fines = more revenue. They are not in the business of guilt or innocence, they are in the business of milking your wallet. You can plead guilty or fight it, they don’t give a shite. At the end of the day the lawyers are gonna make their cut along with the bail bondsman and the courts. So when you sit back and observe all the entities making money off of your case, you realize you’re the dumb one for getting caught up in the racket.
Posted on 5/17/20 at 11:07 am to Covingtontiger77
Do we know if the gun was in his car or on him? Also, if it was in his car, was it easily reachable and unsecured? These things may matter.
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