Last week a friend gets pulled over on the way home from a party and blows over the legal limit.  He gets cuffed and stuffed
and as he's getting ready to take the ride he tells the arresting officer "There's a gun inside console.  Secure it for me, please." thinking they would take it out instead of leaving it in there for the wrecker service and impound yard to find and steal.

Instead, when he gets in front of the judge the next day the judge tells him he's been charged with DWI, bond set at 3k and 'Unlawful carrying of weapon' or UCW, bond set  at 5k.  He asks the judge why was he being charged with UCW, as it's legal to have a gun concealed in your vehicle in Texas.  The judge states when in commission of a crime, in this case DWI, it's illegal to have a handgun.  Buddy argues he wasn't 'carrying' his gun, it was in his vehicle which, according to the Castle Doctrine, is an extension of his dwelling.  Judge gets irritate and says "Don't be a slow learner."

If it's illegal to have a handgun in your vehicle while committing a DWI and the vehicle is considered part of your home then what stops LE from confiscating all your guns in your home for that DWI?  This was his first DWI or contact with LE and he was told he may or may not get his SA Loaded back, depending on what the courts decide.
Being in liberal, gun grabbing, 'turn in your guns for money' Travis Co. I told him to prepare himself to not get it back as it will be considered just "getting another gun off the street." with many attaboys and high fives between LE.

Sounds like you're buddy's about to make case law.

Glad no one was killed.



------------

Sec. 46.02.  UNLAWFUL CARRYING WEAPONS.  (a)  A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1)  on the person's own premises or premises under the person's control; or
(2)  inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(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:
(1)  the handgun is in plain view; or
(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)  prohibited by law from possessing a firearm; or
(C)  a member of a criminal street gang, as defined by Section 71.01.
(a-2)  For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(a-3)  For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
(b)  Except as provided by Subsection (c), 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.



Sec. 49.04.  DRIVING WHILE INTOXICATED.  (a)  A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
(b)  Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
(c)  If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
(d)  If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.55, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 960 (H.B. 1199), Sec. 2, eff. September 1, 2011.

So, your buddy was in a car

The car is an extension of his home

He was committing a crime in an extension of his home

He got an additional rap for unlawful carrying of a weapon while committing a crime "in his home"

HB 1815 (I think this is current)  Chopped up a little for salient points and effed up .gov formatting.



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 that is owned by the person
or under the person ’s control at any time in which:

(1) the handgun is in plain view; or
(2) the person is:
    engaged in criminal activity, other than a
    Class C misdemeanor that is a violation of a law or ordinance

According to what he blew he was charged with a Class B Misdemeanor.  He's screwed.

The fatal flaw in that argument is that your car is not an extension of your home.

at your buddy driving drunk.....  Thank god this DRUNK didn't kill someone! He drove drunk, broke two laws and I hope he doesn't get his gun back and it is destroyed...

Maybe this will be enough to teach him a lesson to phone a friend or a cab....  ZERO TOLERANCE FOR DRUNK DRIVERS

TXHogsniper,

How old is this guy?

Been in trouble before?

Married, got kids?

52

Never been in trouble as far as I know and I've known him since high school

Married, 2 kids grown

Damn tough lesson to learn.  

I hope he gets his weapon back.  

Whats the shits is the guy hardly drinks.  I've never seen him drunk so whenever we need a designated driver we call him.  Whenever you stop by his house he never has a beer in the fridge to offer.  Now he'll have to attend classes for an addiction he doesn't have.

Your buddy is mistaken about several aspects of Texas law.  First. The Castle Doctrine has nothing to do with where you can carry a gun.  At all.  Secondly,  the law that allows one to carry in a car without a CHL does not make your car an extension of your home. No law does. Thirdly, that law, penal code 46.02, makes it unlawful to carry a handgun ON OR ABOUT YOUR PERSON inside of a motor vehicle if the person is in the commission of another crime (class C traffic and other offenses excepted)

Juvenile like pointing the fingers at others does not change that fact that your friend should have educated himself, and should not have driven drunk.

As an aside, what law does allow one to carry a concealed handgun in a vehicle with no CHL if it's not considered an extension of one's domain?
Because if thats the case a lot of people, many on this board, are travelling under a misconception.

 

Apparently, a local MADD chapter is missing their spokesperson.

Wow.  Pretty harsh attitude toward gun rights.

I HATE drunk drivers and have always wondered if anybody would get hit with this double charge.  I could see this happen if death/injury but just getting stopped seems to be extreme for a first time offender.  I'm sure this was not the intent of Congress and a good lawyer would be able to have that removed.

With that said, I'm not a fan of the current DWI laws in Texas.

So in your opinon its okay to drive drunk? Lets just remove all of section 49 from the penal code?

Unfortunately, your buddy learned a couple hard lessons:

1) NEVER EVER submit to a field sobriety test or a breathalyzer.

2) NEVER EVER volunteer information to the police.  If he hadn't told the officer about the gun, worst case is it would have been stolen by the tow truck driver.


A decent lawyer should be able to get the gun charge removed.  Maybe.


Also, if your friend has a CHL, that's going bye bye if the DWI charge sticks.  He'll have to wait 5 years to get another one or get a non-resident permit from AZ or similar.

I'll ask you the same...

So in your opinon its okay to drive drunk? Lets just remove all of section 49 from the penal code?

Did I say that?

 

Is your world black and white?  Mine sure isn't.


There's a colossal gray area between "it's okay to drive drunk" and "ZERO TOLERANCE FOR DRUNK DRIVERS!! DESTROY HIS GUN!!! DEEERRRRPPPP!!"

Wrong.... Its called inventorying a vehicle prior to being towed.... 99% Chance gun would have been found regardless...

Bottom line... If he wasnt drunk, we wouldnt be discussing this.

Thats what it is implying to me when you make a personal attack.

46.02.

If you think a line in the law that basically just says "carrying a gun is illegal unless you're in your car" somehow means your car is an extension of your home, you're gonna have a bad time.

There are a lot of things you can do in your home that you can't do in your car, so I don't know where the idea of it being an extension of your home comes from.



 

 
Then maybe you're a bit too sensitive.

There is no if.  Your car is not an extension of your home.  

Penal code 46.02 makes it unlawful to carry a handgun on or about your person UNLESS you meet one of several criteria.  Those criteria are; if you are on your own premises or premises under your control, or if you are inside of or enroute to a motor vehicle or watercraft that you own or is under your control.  

46.02 then specifically states that a person DOES commit an offense he he carries a handgun on or about his person inside of a motor vehicle (or watercraft) at any time the person does one of four things.  One of those things is committing a crime, with exceptions for class C traffic offenses.

 
Inventorying a vehicle, eh?


Trust me, that doesn't always happen.  Even if the tow truck driver found the gun, he may not have reported it to police.


We get it, you have a hard-on for people who drink and drive...  People make mistakes.  That doesn't mean you have to talk like they're subhuman because of it.

Probably so being a loved one of a victim of a drunk driver who was turned into a bed ridden vegetable with a feeding tube and a diaper for 20 years before he finally passed away when DRUNK over twice the legal limit got 2 years and 10 years probation, and later was charged with two additional DWI's which in plea bargain pled to lesser charge and more probation..... Ya.... Im all broken up about a DRUNK loosing a gun and ya, im a little sensitive to this issue.....

Say what?  You ever been in LE?  I imagine no cop or former cop on this board will tell you that they impound a vehicle without conducting an inventory.  I never did, and I sure don't know any current cops who would impound without one.

Trust me, I am a 13 + year LEO..... Yea, inventory of vehicles ALWAYS happens.... It protects departments from when that Picaso painting in the trunk comes up missing.....

Please name ONE agency that doesnt have a policy on inventorying a vehicle being towed...  JUST ONE....  Please.  

Yea, back at ya ^^^^^^^^^^^^^

As stated, I HATE drunk drivers.  But I also don't agree with current DWI laws, in particular with treatment of drivers under 21.  Imagine a 20 year old having a glass of wine with his parents or even taking communion and then getting behind the wheel - automatic DWI.

Based on your position, if a person goes to an upscale restaurant, brings home a half bottle of wine, gets pulled over for failure to use turn signal, should have his gun taken away and destroyed.  He broke two laws - open container while having a handgun in his car.

What is your agency's policy regarding alcohol consumption?  Zero tolerance?

...

 

I figured there was a back story.


I thought of a couple replies but neither of them will end well so I'll just step away.

I was told about a constable deputy pulling over a drunk and inventorying his car - took the guns home and placed in his garage before he finally decided to turn them in after time had passed.  Some agencies are more professional than others.

DUI Minor is a class C offense.

If said person coming from resturant satisfactory performs SFTS, hes sent on his way.  If same person unsatisfactory performs SFSTS and is arrested for DWI because hes drunk and has a gun...  Yea.... Gun is getting seized as evidence and driver is going to be charged with UCW....

What does agency have anything to do with drunk drivers???  It is Judge and DA's office who decide if DRUNK gets his/her gun back, not the agency.

Thats called theft......

Yea.... Im just raging . Why did you edit post?

Good deal.  No defending drunk drivers carrying guns....

Because I read that you have a loved one that was a victim of a drunk driver.
I edited it out of respect.

Please calm down a little.

I'm calm and thank you for the respect.

Sorry to hear about your situation and hope that never happens to my family/friends.  Do you realize this has affected your ability to perform your job in an unbiased position?

Huh

How is that? NHTSA's SFST test is unbiased....

You going to make me? lol

I'm good and I am calm Sir

Take DWI out of the equation here.  I gave an instance where a person commits a crime while having a gun in the car - doesn't matter what the first crime is, assuming you interpret the law equally.  What do you think the legislative intent was?  Should that person's gun be destroyed or is this reserved only for DWIs?

I ask about agency's policy about drinking because I've read various instances over the years where agencies were looking into implementing more strict laws for their officers.  One case was in L.A. after LE were continuously getting in trouble for getting drunk in local bars and doing stupid things while armed.  Another agency, NYC area, once considered having a zero tolerance for drinking on duty which upset many officers since they liked to drink and were on call so at any time they could have more than 0% in their system.  I think nothing was ever done but have been curious about how various departments treat alcohol consumption.

Also, do you feel as strongly toward texting?

I've heard about people failing the SFST tests that were sober and know folks that would fail.  I think a good lawyer could get his client off based on your comments here since he could prove that you hold a biased opinion.

You were "told" huh?  

Ok, rager, you made your point.  If you were LE I'd hate to be pulled over by you for any reason.  Now you can take your rage and leave, thanks.

You heard? From whom?  I've heard from close friends they got a bogus ticket, that they didnt run any stop sign.  Funny, how video is unbiased I also have a body cam I purchased from my own pocket.  So im sorry but that theory is out the window

Did you stop reading at that post buddy?