GUN So did she break the law?

Discussion in 'On Topic' started by Pineapple Devil, Mar 11, 2008.

  1. Pineapple Devil

    Pineapple Devil beat it!

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    A couple weeks ago a Captain in the Chattanooga police dept had an altercation in an Atlanta mall.


    She was observed sitting in the makeup section and according to the arresting officer, "appeared to be under the influence of alcohol or drugs". when the officer approached her and asked for id, she fumbled around in her purse and began to pull out her police issued .38 revolver. the cop felt threatened, knocked the purse from her hands and detained her. she was taken to the hospital in Atlanta and due to HIPAA, the rest is medically private.

    The police chief was grilled by the city commissioners today and said, "what needs to be done has been done. theres nothing more to do about this".

    my question is, isnt there a law in georgia that you cannot be in possession of a firearm if you are under the influence of something, even if she is a cop
     
  2. WiseOne

    WiseOne roter Teufel

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    if it's the law,then it's the law :o
     
  3. Sardaukar

    Sardaukar Active Member

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    Were you expecting them to fire her or something? :slap:
     
  4. Pineapple Devil

    Pineapple Devil beat it!

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    no but im curious
     
  5. Slick26

    Slick26 Gun|Bike|Cigar|PS3|Beer |Whisky|Night Crew

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    Well, every state has different laws, so that's a tough one.

    Is there a law, or is it wrong, to be in possession of a firearm when under the influence? Don't know.
    People get stopped all the time with CCW permits that have been drinking, but if they are under the legal limit, they let them go.
    I don't know if off-duty cops have the same rules, or if they are harsher, like truck drivers.
     
  6. jeepilot

    jeepilot Banned

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    In missouri, if found in possession of an unloaded firearm while under the influence which is .08% BAC. It is a Felony if found in possession of a Loaded firearm while under the influence of alcohol.
     
  7. Keesh

    Keesh New Member

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    Well, was she under the influence or not? I'm guessing they gave her a blood/alcohol test?
     
  8. Pineapple Devil

    Pineapple Devil beat it!

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    it was done at the hospital so its private medical information. hence the reason i asked. it looks like a cover up b/c her medical info is private so no one can really say.


    my question was is there a law in georgia that says it is illegal to carry if you are under the influence of drugs/alcohol
     
  9. bigboostdsm

    bigboostdsm New Member

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    In Tennessee your Carry permit is essentially invalid if you are under the influence AT ALL.

    Let me see if I can find the law :o This is one of the things that is helping push the restaurant carry bill through, less reason to worry about people drinking while there (key word here is LESS reason, since there are still people who inevitably will :ugh:)
     
  10. Keesh

    Keesh New Member

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    That sucks, so you can't carry and have a beer or two with your dinner? :ugh:
     
  11. Slick26

    Slick26 Gun|Bike|Cigar|PS3|Beer |Whisky|Night Crew

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    Exactly. That's not cool. I can handle a few beers and be just fine.

    Of course, everyone is different.
     
  12. Pineapple Devil

    Pineapple Devil beat it!

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    yeah i know in tn it is, but she was in georgia. also, shes an officer. i know a lot of laws exclude cops from the carry laws.

    the only thing i could find for georgia is that you cannot discharge a firearm under the influence, but nothing about carrying specifically
     
  13. bigboostdsm

    bigboostdsm New Member

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    39-17-1321. Possession of handgun while under influence — Penalty. —

    (a) Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance.

    (b) A violation of this section is a Class A misdemeanor.

    [Acts 1994, ch. 943, § 10; 1997, ch. 476, § 4.]


    I know that she wasn't in TN, I was just posting this regarding the law here :o
     
  14. bigboostdsm

    bigboostdsm New Member

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    As it stands now, we can't carry anywhere that serves liquor for on-site consumption PERIOD. No applebees, outback, etc. The restaurant carry bill is basically a 51% law.

    And yes, as it is now you can't even carry or possess a firearm while under the influence at all. Can't carry or possess while I'm on my way back from a friends house where I had a beer and watched a football game. At least that's how I read it :o
     
  15. Slick26

    Slick26 Gun|Bike|Cigar|PS3|Beer |Whisky|Night Crew

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    Damn.
     
  16. thedude11

    thedude11 New Member

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    Kickass... this thread inspired me to look up my state laws. When I took my class, my instructor told me it was illegal for me to drink alcohol period if I was carrying.

    From the Texas CHL booklet FAQ:

    Q: Can I carry a handgun if I am drinking alcohol?

    A: "Carrying" while drinking is not prohibited, but it is criminal offense to carry while intoxicated.


    From the Texas Penal code:

    (2) "Intoxicated" means:
    (A) not having the normal use of mental or
    physical faculties by reason of the introduction of alcohol, a
    controlled substance, a drug, a dangerous drug, a combination of
    two or more of those substances, or any other substance into the
    body; or
    (B) having an alcohol concentration of 0.08 or
    more.
     
  17. Slick26

    Slick26 Gun|Bike|Cigar|PS3|Beer |Whisky|Night Crew

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    ^ ^ ^ That's how it is in MN too. Its legal, but don't get caught over the limit or you're fucked.

    Makes sense.
     
  18. P07r0457

    P07r0457 New Member

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    no diff than if you don't have a firearm, afaik. DUI-I is serious business.
     
  19. Slick26

    Slick26 Gun|Bike|Cigar|PS3|Beer |Whisky|Night Crew

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    I'll carry BEFORE I go out drinking, but then lock the gun in the glove compartment.
    I'm a really good judge of how I am liquor-wise, so its not usually an issue, but most of the places I drink are clubs or bars, and I'm not going to risk it anyway.

    Restaurants are a different story. I'd carry to Applebee's, etc any time, even if I were going to drink.
    I usually only have a couple anyway. I don't like getting hammered anymore, just enjoying having a brew somtimes.
     
  20. bigboostdsm

    bigboostdsm New Member

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    :wtc:

    Something like that is really up to the officers discretion though. If I've had a beer or two no one can tell unless it was very very recent and it's still on my breath :o Not something I want to test out, but I doubt you'd get nailed with it unless the officer was a huge dick and/or you weren't respectful.
     
  21. Fire Sauce

    Fire Sauce New Member

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    Breaking News:

    Police officers are above the law.
     
  22. mzmtg

    mzmtg New Member

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    No there is no law that says that.

    In GA, it is illegal to fire a weapon while intoxicated, but nothing against carrying it. See OCGA 16-11-134.


    That too.
     
  23. footratfunkface

    footratfunkface New Member

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    If you drink while carrying, you are retarded. I don't care if you're "drunk." You're retarded. End of discussion.
     

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