Unlawful Carry Arrest


Cowboy615

New member
It is a class A Misdemeanor; however, I'm wondering since I was in Texas would this go under their laws or mississippi's? I don't believe Texas can revoke a MS CHL but who's courts would the license be under if it were up for revocation?
 

NavyLCDR

New member
It is a class A Misdemeanor; however, I'm wondering since I was in Texas would this go under their laws or mississippi's? I don't believe Texas can revoke a MS CHL but who's courts would the license be under if it were up for revocation?

You will be charged and tried in Texas under Texas law in the Texas court system. Texas can suspend or revoke your carrying privileges in Texas by issuing an injunction against you. Just like they can suspend or revoke your driving privileges in Texas by issuing an injuction. The injunction against you will be a Texas court order valid in Texas only.

Texas can also forward information regarding your arrest, formal charges and conviction to Mississippi and Mississippi can revoke or suspend your Mississippi license/permit to carry based upon the information that Texas provides to Mississippi.
 

G50AE

Well-known member
All we need now is to off-track this to an argument about OC v. CC!

To the OP,
What you do now is get a Texas lawyer.

Can we bring up sheepdogs or CCW Badges instead? Those are always fun topics to discus or disgust if you will.
 

G50AE

Well-known member
Hey Kasper: First off we have been down this drinking and CC a few times. IMO it is similar to driving. There are acceptable standards that are considered responsible limits on blood alcohol level. Depending on your body weight, number of drinks, type of drinks (ie alcohol content), and frequency of said drinks, and particularly before your go driving or before you go public with your CCW---08 seems to be the concensus. I do not believe anyone is really saying that a beer or a glass of wine or even a shot of whiskey are an absolute no no, but when you go above a standard--say 08--IMO you deserve the full weight of the law--that goes for driving and that goes for carrying. Responsibility and consequences--if anyone can argue with that, I feel sorry for them and have no sympathy.

kelcarry is there any truth to the rumor that the folks who make Pop-tarts are coming out with a new Tums flavor due to your request? For as sour of a person as you are, I could believe it.
 

Ringo

A WATCHMAN
Look at it this way, you could have been drunk and killed someone, either with your gun or with your car. I've got no sympathy for drinkers with no brains.
It's like putting a thief in your mouth to steal your brains. :hang3:
 

jg1967

New member
I was asking for legitimate help I.e. Anyone that lives in TX or knows of cases like this. Yes it was stupid; however, it happened and will not again. I don't need the negative feedback. It's a forum to help not be an *****.

Sorry about that. The guys have had a furious discussion about the whole drinking thing, you could not have known that. You just touched them off. I agree we should try to help not just bash people.
 

kelcarry

New member
Hey G: Don't like poptarts and do not use Tums. Apparently you have a problem with understanding that tolerant reactions to anyone who drinks beyond 08 and drives or walks around with a firearm, is not OK. FYI, several fellow forum members took the time to respond with "likes". Sour you say---common sense and responsible behavior is what I say. Don't like it, don't read it. Save your energy.
 

NavyLCDR

New member
Hey G: Don't like poptarts and do not use Tums. Apparently you have a problem with understanding that tolerant reactions to anyone who drinks beyond 08 and drives or walks around with a firearm, is not OK. FYI, several fellow forum members took the time to respond with "likes". Sour you say---common sense and responsible behavior is what I say. Don't like it, don't read it. Save your energy.

Or maybe, just maybe, help a fellow gun owner/carrier to overcome his mistake and get on with his life with as little damage as possible?
 

kelcarry

New member
Hey NavyLCDR: Overcome his mistake? If he happens to be impaired one of these days and ends up shooting someone who was not causing him imminent danger or great bodily injury, it is probably a felony; it is the same as driving a car "drunk" and causing death by auto--that is manslaughter. Sorry, if you want to CC and you want to embrace the carrying of a firearm, your responsibility for drinking has taken a big turn upward--no room for a mistake without a consequence and a severe one at that. Don't agree--fine--just my opinion. End of story.
 

BC1

,
What is it with people who say don't drink if your carrying your firearm. What because I want to have a beer with my dinner that means I have to give up my right to defend myself if attacked. If police can do it then I should be able to do it. After all police are just citizens so if they are allowed to drink and carry when they are not working why is it that we can not do the same?
If sued, the plaintiff's attorney will have a field day with you.
 

NavyLCDR

New member
Hey NavyLCDR: Overcome his mistake? If he happens to be impaired one of these days and ends up shooting someone who was not causing him imminent danger or great bodily injury, it is probably a felony; it is the same as driving a car "drunk" and causing death by auto--that is manslaughter. Sorry, if you want to CC and you want to embrace the carrying of a firearm, your responsibility for drinking has taken a big turn upward--no room for a mistake without a consequence and a severe one at that. Don't agree--fine--just my opinion. End of story.

Have you ever gotten a speeding ticket or been stopped for speeding and let go with a warning? More people die every year due to accidents involving excessive speed than are shot by drunks carrying guns. So, according to your theory, anybody stopped for speeding should lose their driver's license.
 

Terminal Lance

New member
Well Kelcarry. Some of us grown ups who can handle our sh** can still function in an adequate mental and physical capacity above .08. Since half a zima impairs you to the point of incoherentness then yes you should not carry. However, a grown man with hair under his arms more than likely can have 5 beers and still make conscious decisions about their danger level while keeping in mind the parameters for lethal force set by their state. One should not have to forfeit their right to defend yourself because they had a few beers at theneighbors BBQ or what have you. You weren't wrong to carry OP, you were wrong to get caught...but it happens. I'm sure Texas is littered with pro gun/carry lawyers so just start with the first one in the phone book or ask someone around there.
 

silvernwhitek7

New member
way off topic here to start off but i've thought the same thing as terminal lance in a way but say you had a few, go home sleep and someone breaks into your house with a deadly weapon? you all are going to tell me you wont pull the trigger all because you know before you went to sleep you had a few and would still show in your system? anyways we all make mistakes yes that sucks but we are all human this thread could go in so many different directions i just hope it comes out for the best for you in the end and you can move on with your life!
 

Ringo

A WATCHMAN
Have you ever gotten a speeding ticket or been stopped for speeding and let go with a warning? More people die every year due to accidents involving excessive speed than are shot by drunks carrying guns. So, according to your theory, anybody stopped for speeding should lose their driver's license.
Apples & oranges. The people driving cars regardless of the circumstances outnumber people carrying concealed by a million to one. And the vast majority of people speeding and causing great bodily harm and death to others on the road have been drinking, are drunk, or are on drugs. I don't believe that everyone stopped for exceeding the speed limit should lose there license, but I do believe that anyone caught driving under the influence of alcohol or illegal drugs should lose their license, period.
 

Ringo

A WATCHMAN
Well Kelcarry. Some of us grown ups who can handle our sh** can still function in an adequate mental and physical capacity above .08. However, a grown man with hair under his arms more than likely can have 5 beers and still make conscious decisions about their danger level while keeping in mind the parameters for lethal force set by their state. One should not have to forfeit their right to defend yourself because they had a few beers at theneighbors BBQ or what have you. You weren't wrong to carry OP, you were wrong to get caught.
Sounds like something a typical "grown up" drunk with hairy armpits would say.
 

NavyLCDR

New member
but I do believe that anyone caught driving under the influence of alcohol or illegal drugs should lose their license, period.

And the EXACT same standards should be applied to carrying a firearm. There is no law against being in possession of an automobile or the keys to an automobile while drinking. There are laws against OPERATING a motor vehicle while drunk, except in exigent circumstances such as taking someone to the emergency room. There should be no laws against possessing a firearm while drinking or intoxicated. There should be laws against OPERATING a firearm while intoxicated except in exigent circumstances such as self defense.

Make the ACTION illegal, NOT the object!
 

nogods

Active member
Get a lawyer who is committed to the unrestricted Second Amendment right to carry who will tell the jury in the opening statement of your trial: "What part of shall not be infringed don't these libratards understand?"
 

Ringo

A WATCHMAN
And the EXACT same standards should be applied to carrying a firearm. There is no law against being in possession of an automobile or the keys to an automobile while drinking. There are laws against OPERATING a motor vehicle while drunk, except in exigent circumstances such as taking someone to the emergency room. There should be no laws against possessing a firearm while drinking or intoxicated. There should be laws against OPERATING a firearm while intoxicated except in exigent circumstances such as self defense.

Make the ACTION illegal, NOT the object!
"Operating" a motor vehicle or "carrying" a gun concealed while drunk, same standard should apply. Again apples & oranges (automobiles vs guns), splitting hairs, etc., going nowhere. :pleasantry:
 

Cowboy615

New member
It's not that I was being negligent and carousing around with a firearm. I ha been out and went home and ate and "sobered up" the only problem is that it was a small town and the police had seen me earlier after the bar (not carrying) and I was ready to leave the town and was stopped (while carrying as any of you would do to leave anywhere) and was surrounded. It's not that I was blasted drunk or blatantly disregarding the law, I was just in a sticky situation. Yall should have some kind of heart for this because I know at some point you have made a bad decision and have paid for it. This is not my way of saying F you to the gun community. It is my way of reaching out for help, admitting my wrong, and looking to improve on it. There is NO WAY I would place myself in this type of situation ever again.
 

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