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Started By
Message
re: Texans: Help me out. How does one get charged w/ UNLAWFULLY carrying a gun?
Posted on 5/17/20 at 11:09 am to Covingtontiger77
Posted on 5/17/20 at 11:09 am to Covingtontiger77
Texas isn’t nearly as constitutional when it comes to guns as people want to believe. Texas is not a constitutional carry state unless this has changed very recently.
1
Posted on 5/17/20 at 11:09 am to Roger Klarvin
there is no way that illegal possession of firearm gets thrown in on a majority of DUI cases in Texas.
I d be willing to bet that at least 1/2 Texas’s population carries a firearm in their cars. So everyone one of these Baws takes out the gun from the car if they go have a few at the local bar?
No freaking way.
I would love to see the stat on number of DUI arrests that also have the illegal weapon charge thrown in, in Texas.
Me thinks it here is a lot of selective discretion in throwing the gun charge on top of a DUI offense.
I d be willing to bet that at least 1/2 Texas’s population carries a firearm in their cars. So everyone one of these Baws takes out the gun from the car if they go have a few at the local bar?
No freaking way.
I would love to see the stat on number of DUI arrests that also have the illegal weapon charge thrown in, in Texas.
Me thinks it here is a lot of selective discretion in throwing the gun charge on top of a DUI offense.
This post was edited on 5/17/20 at 11:11 am
Posted on 5/17/20 at 11:10 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
Technically, it’s unlawful to have an unsecured firearm in your home if you’re intoxicated. For example, last year in Dallas an intoxicated man was charged with unlawfully carrying a gun after the cops were called to the home for domestic violence and an unsecured handgun was found on his coffee table.
The bottom line is, under Texas law you can always be charged with a crime if you have access to an unsecured firearm while intoxicated. Yes, even in your home (though this is extremely rare). This is made very clear in all CHL courses.
Personally, I always keep my guns in the safe until I get it out to carry in public if I’m going to (which I only do in rare situations these days).
This post was edited on 5/17/20 at 11:15 am
Posted on 5/17/20 at 11:11 am to Covingtontiger77
quote:
How does one get charged w/ UNLAWFULLY carrying a gun?
By
quote:
carrying a weapon
and
quote:
driving
quote:
while intoxicated
Posted on 5/17/20 at 11:12 am to troyt37
quote:
Texas isn’t nearly as constitutional when it comes to guns as people want to believe. Texas is not a constitutional carry state unless this has changed very recently
We passed open carry a while back.
Posted on 5/17/20 at 11:13 am to Covingtontiger77
quote:
there is no way that illegal possession of firearm gets thrown in on a majority of DUI cases in Texas.
It’s not a majority but it definitely happens all the time. My BIL, a DPD officer, has about one a month.
quote:
So everyone one of these Baws takes out the gun from the car if they go have a few at the local bar?
Or just don’t drive drunk
This post was edited on 5/17/20 at 11:15 am
Posted on 5/17/20 at 11:16 am to 3nOut
quote:
We passed open carry a while back.
Which means you still need permission to keep and bear arms.
Posted on 5/17/20 at 11:22 am to troyt37
I have no problem with keeping up a CHL. There are definitely a lot of idiots who shouldn’t be carrying a weapon in public, particularly without taking a course to understand rules and proper safety.
Posted on 5/17/20 at 11:34 am to Roger Klarvin
quote:
I have no problem with keeping up a CHL. There are definitely a lot of idiots who shouldn’t be carrying a weapon in public, particularly without taking a course to understand rules and proper safety.
That’s fine, it just isn’t constitutional. You’re bound to lose every right you don’t defend, especially in this environment. There are a lot of idiots who shouldn’t be voting too, but making them take a course and educate themselves is unconstitutional.
Posted on 5/17/20 at 11:36 am to Covingtontiger77
quote:
But to have it in your car say in a glovebox or under a seat is some bullshite.
Look I am about as strong on the 2nd amendment as a guy can be and even I draw the line at being intoxicated and having firearms around. Now a beer or two is one thing, but I am guessing since he was "intoxicated" he had a lot more than one or two drinks.
Posted on 5/17/20 at 11:38 am to 3nOut
quote:
To conceal carry* (have it in your car) it outside your home you need a CHL.
You need to go to the LTC class and learn a little because you are 100% wrong on the bold part. Car /= CC not in Texas not anywhere that i know of. The deal in Texas is having it accessible in your car while intoxicated.
Posted on 5/17/20 at 11:41 am to Covingtontiger77
Houston will arrest Oliver for this, meanwhile they’ll allow car burglars to not go to jail because they have no previous record... lol
The democratic judges are completely ruining the city.
The democratic judges are completely ruining the city.
Posted on 5/17/20 at 11:42 am to cokebottleag
Good question.
Thanks for the answer.
So assuming it was in the glove compartment, is that unlawful? If so how far must a drunk person be from a gun to be legal.
Thanks for the answer.
So assuming it was in the glove compartment, is that unlawful? If so how far must a drunk person be from a gun to be legal.
Posted on 5/17/20 at 12:07 pm to troyt37
quote:
That’s fine, it just isn’t constitutional. You’re bound to lose every right you don’t defend, especially in this environment. There are a lot of idiots who shouldn’t be voting too, but making them take a course and educate themselves is unconstitutional.
But the right to vote isn’t limitless, as we do prohibit certain individuals from voting.
I don’t believe any reasonable reading of the second amendment guarantees the right of every person to carry any weapon, anywhere in public. The USSC has already established this by saying it is not a violation of the second amendment for businesses and venues to ban weapons at their discretion. And everyone already agrees with this concept in principal, many just don’t realize it. But once you start taking the idea to it’s logical conclusion, you end up having to awkwardly admit wealthy Americans should have the right to fully armed long range cruise missles and other such nonsense.
This post was edited on 5/17/20 at 12:10 pm
Posted on 5/17/20 at 12:12 pm to Covingtontiger77
It can be concealed, it can be in the possession of a felon or someone who is not qualified to possess it, it can be possessed in a school zone or gun free zone, it can be found in possession of someone who is intoxicated by drugs or alcohol, it can be found in possession of someone who also possesses illegal narcotics, and there are probably about a dozen other ways one can unlawfully carry a gun.
Posted on 5/17/20 at 12:15 pm to Covingtontiger77
Will be used by DA as leverage to make him plead, will get dropped
Posted on 5/17/20 at 12:16 pm to jnethe1
Oliver is in Montgomery County Jail, not Harris County
Posted on 5/17/20 at 12:32 pm to Roger Klarvin
quote:
But the right to vote isn’t limitless, as we do prohibit certain individuals from voting.
Okay, but you can’t separate citizens from their rights when they haven’t committed a crime.
quote:
I don’t believe any reasonable reading of the second amendment guarantees the right of every person to carry any weapon, anywhere in public.
I completely disagree. The only qualifier in the 2A is “the People” meaning citizens of the US. I don’t find it reasonable at all to read qualifiers into the plain language of the 2A.
quote:
And everyone already agrees with this concept in principal, many just don’t realize it.
Absolutely false. If a business removes my right to defend myself and my loved ones, I do not patronize that business. This includes public spaces and venues such as football stadiums.
quote:
But once you start taking the idea to it’s logical conclusion, you end up having to awkwardly admit wealthy Americans should have the right to fully armed long range cruise missles and other such nonsense.
False. “Arms” has a definition. It doesn’t include missiles.
Posted on 5/17/20 at 12:39 pm to ehidal1
quote:
Maybe the gun wasn’t registered to him?
You yourself don't need to own a weapon.
Posted on 5/17/20 at 12:52 pm to troyt37
I mean technically, “arms” are limited to single fire muskets if we’re taking the writers definition at face value 
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