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8 registered members (catdoctor, ucmducks, Bushmaster, Zbrann, MadMallard, BC_Reb, Cactus_buck, headshot1),
466
guests, and 0
spiders. |
Key:
Admin,
Global Mod,
Mod
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Question for the LE0s
#4171737
07/28/24 08:43 PM
07/28/24 08:43 PM
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Joined: Feb 2007
Posts: 22,229 colbert county
cartervj
OP
Freak of Nature
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OP
Freak of Nature
Joined: Feb 2007
Posts: 22,229
colbert county
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What’s the deal with a firearm and being intoxicated or drinking and being in possession of?
How does all that play out, cases matter or open to interpretation
“Socialism only works in two places: Heaven where they don't need it and hell where they already have it.” ― Ronald Reagan
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Re: Question for the LE0s
[Re: cartervj]
#4171744
07/28/24 09:06 PM
07/28/24 09:06 PM
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Joined: Jan 2001
Posts: 27,447 Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 27,447
Fayetteville TN Via Selma
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Depends on the local prosecutors, judges, etc. Used to be sheriff too when your permit very clearly stated it was invalid if you were intoxicated. I never really knew a time it was enforced though.
Lord, please help us get our nation straightened out.
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Re: Question for the LE0s
[Re: James]
#4171758
07/28/24 09:29 PM
07/28/24 09:29 PM
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Joined: Feb 2007
Posts: 22,229 colbert county
cartervj
OP
Freak of Nature
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OP
Freak of Nature
Joined: Feb 2007
Posts: 22,229
colbert county
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Remember Doekiller answering this in several times I’d forgot or couldn’t remember if. LoL A friend just made mention but also made me wonder no that you don’t have to have a permit if that changed or what
“Socialism only works in two places: Heaven where they don't need it and hell where they already have it.” ― Ronald Reagan
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Re: Question for the LE0s
[Re: cartervj]
#4171767
07/28/24 09:41 PM
07/28/24 09:41 PM
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Joined: Jun 2013
Posts: 55,220 Gee's Bend/At The Hog Pen
James
Freak of Nature
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Freak of Nature
Joined: Jun 2013
Posts: 55,220
Gee's Bend/At The Hog Pen
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Remember Doekiller answering this in several times I’d forgot or couldn’t remember if. LoL A friend just made mention but also made me wonder no that you don’t have to have a permit if that changed or what You know good question too bad he isn't on here to answer (know we have few more on here) but i recall him always saying there was no law that said you couldn't be in possession of a firearm while intoxicated, but yeah we all know that your cc permit says it's invalid if intoxicated...
Do not regret growing older, it's a privilege denied to many!
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Re: Question for the LE0s
[Re: cartervj]
#4171839
07/29/24 07:27 AM
07/29/24 07:27 AM
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Joined: Jan 2001
Posts: 12,544 Birmingham
wew3006
Booner
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Booner
Joined: Jan 2001
Posts: 12,544
Birmingham
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https://judicial.alabama.gov/docs/library/docs/13A-11-72(b).pdf
Can't be a "habitual drunkard"; not sure how that is defined?
Last edited by wew3006; 07/29/24 07:29 AM.
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Re: Question for the LE0s
[Re: wew3006]
#4171842
07/29/24 07:33 AM
07/29/24 07:33 AM
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Joined: Sep 2009
Posts: 6,835 somewhere around 112.
slippinlipjr
I make Calds fer a livin
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I make Calds fer a livin
Joined: Sep 2009
Posts: 6,835
somewhere around 112.
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https://judicial.alabama.gov/docs/library/docs/13A-11-72(b).pdf
Can't be a "habitual drunkard"; not sure how that is defined?
Me either but I see people being charged with it often.
Ctrl+C, Ctrl+V, Ctrl+Z
thesharkguard.com
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Re: Question for the LE0s
[Re: cartervj]
#4171884
07/29/24 08:57 AM
07/29/24 08:57 AM
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Joined: Jul 2012
Posts: 5,664 Marion, Fayette, Lamar, piddli...
Lonster
12 point
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12 point
Joined: Jul 2012
Posts: 5,664
Marion, Fayette, Lamar, piddli...
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I have only seen a couple of folks charged, however, they were charged with everything that could be thrown at them at the time and this charge always ended up being dismissed.
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Re: Question for the LE0s
[Re: wew3006]
#4172010
07/29/24 02:04 PM
07/29/24 02:04 PM
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Joined: Feb 2008
Posts: 3,266 N. Alabama
Reyn
10 point
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10 point
Joined: Feb 2008
Posts: 3,266
N. Alabama
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https://judicial.alabama.gov/docs/library/docs/13A-11-72(b).pdf
Can't be a "habitual drunkard"; not sure how that is defined?
I’m sure someone has but in 24 years I have not seen someone charged under 13a-11-72 for habitual drunkard. The issue is it being subjective. Without a legal definition then how does one prove the elements defining it. It’s not DUI so there is no BAC. Maybe if they had multiple DUIs but how would that apply if it has been years between them? Maybe they were sober for years and relapsed. Would that count as habitual? Maybe. It’s just hard to prove and then one would be faced with drinking vs being drunk. If one is a functioning alcoholic then articulating drunk would be tough because BAC is 05-08 but that only applies to driving. Same with drug addict. Drug possession is not a drug user. Even though common sense suggest they probably use it too but how is addict defined? LEOs aren’t doctors so articulating it is going to be tough unless someone just says they use or get drunk every day. The defense to that ironically could be their mental state was compromised and what they said shouldn’t be considered as fact.
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Re: Question for the LE0s
[Re: cartervj]
#4172032
07/29/24 02:47 PM
07/29/24 02:47 PM
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Joined: Dec 2002
Posts: 52,130 Round ‘bout there
Clem
Mildly Quirky
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Mildly Quirky
Joined: Dec 2002
Posts: 52,130
Round ‘bout there
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"habitual drunkard" sounds like something the Purity Police and Prude Patrol thought up years ago so they could teach someone a lesson about the Debbil's evil likker.
"Hunting Politics are stupid!" - Farm Hunter
"Bible says you shouldn't put sugar in your cornbread." Dustin, 2013
"Best I can figure 97.365% of the general public is a paint chip eating, mouth breathing, certified dumbass." BCLC, 2020
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Re: Question for the LE0s
[Re: Reyn]
#4172125
07/29/24 06:25 PM
07/29/24 06:25 PM
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Joined: Jan 2001
Posts: 27,447 Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 27,447
Fayetteville TN Via Selma
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https://judicial.alabama.gov/docs/library/docs/13A-11-72(b).pdf
Can't be a "habitual drunkard"; not sure how that is defined?
I’m sure someone has but in 24 years I have not seen someone charged under 13a-11-72 for habitual drunkard. The issue is it being subjective. Without a legal definition then how does one prove the elements defining it. It’s not DUI so there is no BAC. Maybe if they had multiple DUIs but how would that apply if it has been years between them? Maybe they were sober for years and relapsed. Would that count as habitual? Maybe. It’s just hard to prove and then one would be faced with drinking vs being drunk. If one is a functioning alcoholic then articulating drunk would be tough because BAC is 05-08 but that only applies to driving. Same with drug addict. Drug possession is not a drug user. Even though common sense suggest they probably use it too but how is addict defined? LEOs aren’t doctors so articulating it is going to be tough unless someone just says they use or get drunk every day. The defense to that ironically could be their mental state was compromised and what they said shouldn’t be considered as fact. Well we had one fella that had 180 something arrests for Public Intoxication until he rode his bike in front of a car one day. Old Alvin was an Army Sgt. at one time. I don't think there would be a problem convincing anyone that he was a habitual drunkard. 30 years at the PD and we were arresting Alvin before I got hired and it was only towards my last few years that he got killed.
Lord, please help us get our nation straightened out.
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Re: Question for the LE0s
[Re: Clem]
#4172318
07/30/24 07:41 AM
07/30/24 07:41 AM
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Joined: Dec 2009
Posts: 10,109 USA
marshmud991
Booner
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Booner
Joined: Dec 2009
Posts: 10,109
USA
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"habitual drunkard" sounds like something the Purity Police and Prude Patrol thought up years ago so they could teach someone a lesson about the Debbil's evil likker.
It’s sounds more like our deer camp during the season!! Those guys are a bad influence on me!! 
It's hard to kiss the lips at night that chews your a$$ all day long.
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Re: Question for the LE0s
[Re: cartervj]
#4172428
07/30/24 01:50 PM
07/30/24 01:50 PM
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Joined: Nov 2013
Posts: 11,085 coffee county
goodman_hunter
Booner
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Booner
Joined: Nov 2013
Posts: 11,085
coffee county
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I think it also depends on which state as well. Florida has a law about cc and I think they use your BAC to enforce it. But I could be wrong.
"A moment of realization is worth a thousand prayers"
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