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Posted: 2/13/2016 12:35:36 AM EDT
At a restaurant.

thx
Link Posted: 2/13/2016 1:23:30 AM EDT
[#1]
Unlawfully carrying a handgun I believe
Link Posted: 2/13/2016 8:12:40 AM EDT
[#2]
Unfortunately, Abject Stupidity is not chargeable but should be in that case.

Semper Fi
Link Posted: 2/13/2016 8:40:00 AM EDT
[#3]
Unlawful Carrying of Handgun by License Holder. Class A misdemeanor.
Link Posted: 2/13/2016 9:00:38 AM EDT
[#4]
Don't forget the public intox added to the end of the list. Those are impressive on a person's results from a pre-employment background check.
Link Posted: 2/13/2016 10:24:55 AM EDT
[#5]
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Unlawful Carrying of Handgun by License Holder. Class A misdemeanor.
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Yes,happens  a fair bit.  You usually have other charges as well,  DWI  or assaults for example.
Link Posted: 2/13/2016 10:48:37 AM EDT
[#6]
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Quoted:
Unlawful Carrying of Handgun by License Holder. Class A misdemeanor.
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This is the answer.  Penal Code 46.035.  

Someone mentioned public intox.  PI requires that a person be intoxicated [i][to the degree/i] he may endanger himself or others.  46.035 does not have the requirement that the person may endanger himself or others.
Link Posted: 2/13/2016 11:15:20 AM EDT
[#7]
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Quoted:


This is the answer.  Penal Code 46.035.  

Someone mentioned public intox.  PI requires that a person be intoxicated [i][to the degree/i] he may endanger himself or others.  46.035 does not have the requirement that the person may endanger himself or others.
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Quoted:
Quoted:
Unlawful Carrying of Handgun by License Holder. Class A misdemeanor.


This is the answer.  Penal Code 46.035.  

Someone mentioned public intox.  PI requires that a person be intoxicated [i][to the degree/i] he may endanger himself or others.  46.035 does not have the requirement that the person may endanger himself or others.

Former co-worker/ex Dallas cop said PI was the easiest arrest that would result in conviction. I have seen it more than once, more than a few times. Make a scene while drinking, you can go to jail. Of course the OP does not give a play by play of the situation.
Link Posted: 2/13/2016 12:19:42 PM EDT
[#8]
he rode a horse to the restaurant, lol
Link Posted: 2/13/2016 12:21:46 PM EDT
[#9]
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he rode a horse to the restaurant, lol
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Definitely a trouble maker.
Link Posted: 2/13/2016 5:49:01 PM EDT
[#10]
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Quoted:

Former co-worker/ex Dallas cop said PI was the easiest arrest that would result in conviction. I have seen it more than once, more than a few times. Make a scene while drinking, you can go to jail. Of course the OP does not give a play by play of the situation.
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Quoted:
Quoted:
Quoted:
Unlawful Carrying of Handgun by License Holder. Class A misdemeanor.


This is the answer.  Penal Code 46.035.  

Someone mentioned public intox.  PI requires that a person be intoxicated [i][to the degree/i] he may endanger himself or others.  46.035 does not have the requirement that the person may endanger himself or others.

Former co-worker/ex Dallas cop said PI was the easiest arrest that would result in conviction. I have seen it more than once, more than a few times. Make a scene while drinking, you can go to jail. Of course the OP does not give a play by play of the situation.


PI can be an easy arrest, but is not an easy conviction .  To obtain a conviction it must be proven, beyond any reasonable doubt, that the person was a danger to himself or others. Just being drunk doesn't get it. Carrying a handgun while intoxicated is easier to prove
Link Posted: 2/13/2016 10:35:33 PM EDT
[#11]
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Quoted:


PI can be an easy arrest, but is not an easy conviction .  To obtain a conviction it must be proven, beyond any reasonable doubt, that the person was a danger to himself or others. Just being drunk doesn't get it. Carrying a handgun while intoxicated is easier to prove
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Quoted:
Quoted:
Quoted:
Quoted:
Unlawful Carrying of Handgun by License Holder. Class A misdemeanor.


This is the answer.  Penal Code 46.035.  

Someone mentioned public intox.  PI requires that a person be intoxicated [i][to the degree/i] he may endanger himself or others.  46.035 does not have the requirement that the person may endanger himself or others.

Former co-worker/ex Dallas cop said PI was the easiest arrest that would result in conviction. I have seen it more than once, more than a few times. Make a scene while drinking, you can go to jail. Of course the OP does not give a play by play of the situation.


PI can be an easy arrest, but is not an easy conviction .  To obtain a conviction it must be proven, beyond any reasonable doubt, that the person was a danger to himself or others. Just being drunk doesn't get it. Carrying a handgun while intoxicated is easier to prove

I guess the people I knew did not have "beyond reasonable doubt" money.
Link Posted: 2/14/2016 12:01:21 AM EDT
[#12]
One would think " intoxicated" without a definable limit would only add to the confusion and more power to the arresting officer. Does he define " intoxicated" at that point? Under current law, one drink in the officers opinion might prove  intoxicated if he chooses to arrest.
Link Posted: 2/14/2016 12:02:09 AM EDT
[#13]
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Quoted:

I guess the people I knew did not have "beyond reasonable doubt" money.
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You know a bunch of people arrested for PI?
Link Posted: 2/14/2016 12:03:40 AM EDT
[#14]
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Quoted:
One would think " intoxicated" without a definable limit would only add to the confusion and more power to the arresting officer. Does he define " intoxicated" at that point? Under current law, one drink in the officers opinion might prove  intoxicated if he chooses to arrest.
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Intoxicated has a non-BAC definition and there is plenty of case law on what shows intoxication.
Link Posted: 2/14/2016 12:46:25 AM EDT
[#15]
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Quoted:



Intoxicated has a non-BAC definition and there is plenty of case law on what shows intoxication.
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One would think " intoxicated" without a definable limit would only add to the confusion and more power to the arresting officer. Does he define " intoxicated" at that point? Under current law, one drink in the officers opinion might prove  intoxicated if he chooses to arrest.



Intoxicated has a non-BAC definition and there is plenty of case law on what shows intoxication.


Thank you for the correction. I was under the impression from my last chl class that it was more or less up to the officer (chl+consumption=intoxicated) if you were charged.
Link Posted: 2/14/2016 7:09:11 AM EDT
[#16]
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Quoted:


You know a bunch of people arrested for PI?
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Quoted:

I guess the people I knew did not have "beyond reasonable doubt" money.


You know a bunch of people arrested for PI?

Back in the days of apartment life, the weekend festivities at the pools could get out of hand at any time. Cops show up, people went to jail. I knew when not to run my mouth at a cop, even while possibly intoxicated at the time. Some did not have that skill. These were the days when you could have "adult only" complexes. Those same complexes were told told that they could no longer claim "no children under 18" a long time ago. They are all section 8 now of course.
Link Posted: 2/14/2016 10:32:24 AM EDT
[#17]
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Quoted:


PI can be an easy arrest, but is not an easy conviction .  To obtain a conviction it must be proven, beyond any reasonable doubt, that the person was a danger to himself or others. Just being drunk doesn't get it. Carrying a handgun while intoxicated is easier to prove
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Quoted:
Quoted:
Quoted:
Quoted:
Unlawful Carrying of Handgun by License Holder. Class A misdemeanor.


This is the answer.  Penal Code 46.035.  

Someone mentioned public intox.  PI requires that a person be intoxicated [i][to the degree/i] he may endanger himself or others.  46.035 does not have the requirement that the person may endanger himself or others.

Former co-worker/ex Dallas cop said PI was the easiest arrest that would result in conviction. I have seen it more than once, more than a few times. Make a scene while drinking, you can go to jail. Of course the OP does not give a play by play of the situation.


PI can be an easy arrest, but is not an easy conviction .  To obtain a conviction it must be proven, beyond any reasonable doubt, that the person was a danger to himself or others. Just being drunk doesn't get it. Carrying a handgun while intoxicated is easier to prove


Yep. And I will just leave it at that.
Link Posted: 2/14/2016 10:43:45 AM EDT
[#18]
Unless they have changed the law, you don't have to be shown to be intoxicated only impaired to get hammered.
Link Posted: 2/15/2016 9:01:35 PM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


PI can be an easy arrest, but is not an easy conviction .  To obtain a conviction it must be proven, beyond any reasonable doubt, that the person was a danger to himself or others. Just being drunk doesn't get it. Carrying a handgun while intoxicated is easier to prove
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
Unlawful Carrying of Handgun by License Holder. Class A misdemeanor.


This is the answer.  Penal Code 46.035.  

Someone mentioned public intox.  PI requires that a person be intoxicated [i][to the degree/i] he may endanger himself or others.  46.035 does not have the requirement that the person may endanger himself or others.

Former co-worker/ex Dallas cop said PI was the easiest arrest that would result in conviction. I have seen it more than once, more than a few times. Make a scene while drinking, you can go to jail. Of course the OP does not give a play by play of the situation.


PI can be an easy arrest, but is not an easy conviction .  To obtain a conviction it must be proven, beyond any reasonable doubt, that the person was a danger to himself or others. Just being drunk doesn't get it. Carrying a handgun while intoxicated is easier to prove


As is the case with every charge.  The officer only needs probable cause to make an lawful arrest.  Proof beyond a reasonable doubt can only be determined later by a jury (or judge in a judge trial) and juries do crazy things.  I've seen them find people not guilty for a variety of things when the state clearly proved the case beyond a reasonable doubt, but the jurors found them not guilty because the defendant was "a nice guy."  Officers are swayed by attitudes just like jurors can be.  In fact, a person's attitude factors into the danger element of PI.  txinvestigator is right in that the weapons charge is the easier case to make and carries a much higher penalty.
Link Posted: 2/15/2016 9:49:37 PM EDT
[#20]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


This is the answer.  Penal Code 46.035.  

Someone mentioned public intox.  PI requires that a person be intoxicated [i][to the degree/i] he may endanger himself or others.
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Unlawful Carrying of Handgun by License Holder. Class A misdemeanor.


This is the answer.  Penal Code 46.035.  

Someone mentioned public intox.  PI requires that a person be intoxicated [i][to the degree/i] he may endanger himself or others.

OP said he had a gun and was intoxicated.  Conviction on that could be done by a first year law student. Anyone with brain would begging for a plea deal.
Link Posted: 2/15/2016 10:04:00 PM EDT
[#21]
OP did not state this happened to him.  Merely set up the scenario for the question.


Just sayin...  let's not jump his ass for something he didn't say he did.
Link Posted: 2/15/2016 10:17:34 PM EDT
[#22]
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Quoted:
OP did not state this happened to him.  Merely set up the scenario for the question.


Just sayin...  let's not jump his ass for something he didn't say he did.
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"He" as in third person indirect.
Link Posted: 2/16/2016 3:36:03 PM EDT
[#23]
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Quoted:


You know a bunch of people arrested for PI?
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Quoted:

I guess the people I knew did not have "beyond reasonable doubt" money.


You know a bunch of people arrested for PI?

Doesn't everyone who went to college in Texas?

MIP and/or PI are almost required courses at Texas A&M
Link Posted: 2/17/2016 6:47:45 PM EDT
[#24]
This was not me, lol. I see where one could interpret that, my bad.

I was at a restaurant and saw this entire indecent, I saw this person sitting at the patio portion
of the restaurant and his horse was tied up at the fence enclosing the patio.

I walked up to the guy and told him I've never seen someone ride a horse to a restaurant, being a city boy
and all, lol.  I saw he had a beer on his table.

When he was in the building, then I noticed he was openly carrying while holding a beer in his hand.

I believe if this person didn't have a CHL it would be a felony (blue sign).
Wasn't sure what the charge would be with a CHL.

thx all
Link Posted: 2/18/2016 7:58:12 PM EDT
[#25]
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Quoted:
I noticed he was openly carrying while holding a beer in his hand.

I believe if this person didn't have a CHL it would be a felony (blue sign).
Wasn't sure what the charge would be with a CHL.

View Quote


Would carrying and having a beer in his hand (and him drinking it, of course) while carrying automatically bring a charge?

I don't know many people that would be intoxicated (by my non-legal understanding of the word) from one beer, and certainly not from one light beer (half the alcohol).
Link Posted: 2/18/2016 8:09:03 PM EDT
[#26]
Said he had 3 and he was arguing with the cops a lot and wouldn't listen
Link Posted: 2/19/2016 3:52:17 AM EDT
[#27]
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Said he had 3 and he was arguing with the cops a lot and wouldn't listen
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Have you answered your own question?
Link Posted: 2/19/2016 10:49:36 AM EDT
[#28]
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Unlawful Carrying of Handgun by License Holder. Class A misdemeanor.
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This answered my question.

CHL Class A
non-CHL Felony


thx
Link Posted: 2/19/2016 11:04:34 AM EDT
[#29]
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Quoted:


This answered my question.

CHL Class A
non-CHL Felony


thx
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Quoted:
Unlawful Carrying of Handgun by License Holder. Class A misdemeanor.


This answered my question.

CHL Class A
non-CHL Felony


thx
Either one revokes your LTC, right??
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