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Permit to Carry question

Angel2youAngel2you Member Posts: 9 ✭✭
edited May 2006 in Gun Rights and Constitutional Law
Hello,

I have a permit to carry, and I recently was pulled over for speeding, with my gun in the center console of my truck.

I told the officer that I have a permit and that I do have a gun, but not on my person.

Anyway, I had a couple drinks with dinner, and I told him that. He had me step out and do a breathalizer, he said if I am under the legal limit, it will all be over. I blew...next thing you kow I have 4 squads there and left standing ther not knowing wht was going on.

After over 25 minutes, he approached my and said he was going to hold my gun and give me a citation for being .059, but the law states you cannot be over a .04 in a public place.

Looking closer at my book I got from Ramsey County, it states cannt not be intoxicated in a public place. My truck is not a public place.

I went online to pull up the statute that he put on my citation, and it is for Metal Penatrating Bullets. It took me over an hour to finaly find anything that mentions being over .04, and then it still states in a public place.

Can someone PLEASE define this for me? I have a hearing in July, and I really do not a gun violation on my record, that I do not believe I deserve. I am a woman, and I carry it for protection.

Thank you!!

Monica
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Comments

  • Angel2youAngel2you Member Posts: 9 ✭✭
    edited November -1
    Does anyone know how long you have to turn in your certificate for a permit to carry after taking the class in Minnesota. Or do I have to take the class again, it's only been about a year and I know the permit is good for 5 years.
    Thanks
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  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    A talk with a local attorney would probably be your best bet, as laws are different in each state.

    Here, we can loose a permit if we blow ANY number.
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  • HighballHighball Member Posts: 15,755
    edited November -1
    Sorry..the Fascists that interpret laws..SCOTUS..has decided that your vehicle is public property.

    Spend the money..even if you have to go into debt..and GET A LAWYER...NOW. Try and find ANYTHING they did not do 'by the book'..that may be your last hope.
    Sorry..you carry only with permission from the State...it is no longer a Right.
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  • gunphreakgunphreak Member Posts: 1,791 ✭✭✭✭✭
    edited November -1
    There's good advice, here. Using an attorney tends to make the law back off of you.
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  • RugersforMeRugersforMe Member Posts: 25 ✭✭
    edited November -1
    Here in Michigan CCW holders cannot have any alcohol level over .02 in their system if they are carrying a gun. So my advice is DO NOT DRINK ALCOHOL when you are carrying!!
    But in your situation now, I would get a lawyer and fight it.quote:Originally posted by Angel2you
    Hello,

    I have a permit to carry, and I recently was pulled over for speeding, with my gun in the center console of my truck.

    I told the officer that I have a permit and that I do have a gun, but not on my person.

    Anyway, I had a couple drinks with dinner, and I told him that. He had me step out and do a breathalizer, he said if I am under the legal limit, it will all be over. I blew...next thing you kow I have 4 squads there and left standing ther not knowing wht was going on.

    After over 25 minutes, he approached my and said he was going to hold my gun and give me a citation for being .059, but the law states you cannot be over a .04 in a public place.

    Looking closer at my book I got from Ramsey County, it states cannt not be intoxicated in a public place. My truck is not a public place.

    I went online to pull up the statute that he put on my citation, and it is for Metal Penatrating Bullets. It took me over an hour to finaly find anything that mentions being over .04, and then it still states in a public place.

    Can someone PLEASE define this for me? I have a hearing in July, and I really do not a gun violation on my record, that I do not believe I deserve. I am a woman, and I carry it for protection.

    Thank you!!

    Monica
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  • mrseatlemrseatle Member Posts: 15,467 ✭✭✭
    edited November -1
    Sounds like the officer is trying to pull a fast one with the "metal penetrating bullets citation". Either way your first mistake was getting the CHL. It's a back door for taking our guns away for good. The advice to get a Good lawyer seems very wise now.
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  • WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    quote:Either way your first mistake was getting the CHL.

    So, herein lies the crux of the issue. To follow the law, and obtain a CCW, thus risking gun registration and potentially a mechanism for the JBT's to inventory and seize your firearms someday? Or, carry concealed without a license, thus breaking the law off the bat, hoping that you never get pulled over and searched or frisked? Or, don't carry at all, thus relinquishing yourself of the right to self-defense in order not to submit to this legal quandry?

    What to do...

    -Wolf
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  • HighballHighball Member Posts: 15,755
    edited November -1
    Lately..after much soul searching......
    I have begun to believe that we are ALL in the big data base in the sky. They have us Red listed, and Blue listed....

    Getting that CCW keeps you legal.....and someday, you might be away from your base when the round-ups start...that pistol under your arm just MIGHT be the edge you need to fight your way to a rifle and supplies...Just a thought........
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  • WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    quote:Getting that CCW keeps you legal.....and someday, you might be away from your base when the round-ups start...that pistol under your arm just MIGHT be the edge you need to fight your way to a rifle and supplies...Just a thought........

    BINGO!
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  • pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    quote:Originally posted by Highball
    I have begun to believe that we are ALL in the big data base in the sky. They have us Red listed, and Blue listed....

    Getting that CCW keeps you legal
    Exactly.

    For years, I had an FFL, think I'm on a list?
    I bought a gun, through the Brady system background check, think I'm on a list?
    I bought ammo on a credit card, think I'm on a list?
    I'm a member of a gun club, think I'm on a list?
    I shoot in competition matches, was a member of IPSC, think I'm on a list?
    I post on GunBroker.com, think I'm on a list?
    Are you?
    If they want me, I'm NOT hard to find.

    As I've said before, I carried before they "allowed" me to. As much as I oppose CCW, I got mine simply so that if I ever have to use it, and it's proven to be a justified shoot, they can NOT charge me, and put me in jail, just for wanting to have the means to be able to defend my family or self. Something we should all have the "RIGHT" to do, but sadly that "right" is now a revocable "privilege."
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  • WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    Well said, Pickenup.

    I may as well be on a list AND have a gun tucked under my shirt too.

    -Wolf

    P.S. Here in Reno they are holding a weekend course that qualifies you for a 30 state CCW permit. The class is $150, which includes a Nevada CCW (a non-resident mail-in Utah CCW may be issued for an additional $70, which has a 30 state reciprocity). There is also a package with the Boomtown resort for $200 you get the class and a two night stay. The class is going to be offered in May, June, and July.

    Here's a link:
    http://www.reno.com/article/20060426/ENTERTAINMENT01/60426002
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  • joker5656joker5656 Member Posts: 5,598 ✭✭✭
    edited November -1
    Public means outside of a place of residence (usually). Even if you where drunk on your own property they could still fine you cause your outside. its a really vague law depending on the state. but pretty much it dosen't matter if you were in your truck, car or whatever. not to be rude or anything but you should know better to drink while carrying. now you may not get your license back for good or atleast for a long while.
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  • the real fuzzthe real fuzz Member Posts: 18 ✭✭
    edited November -1
    quote:Originally posted by Angel2you

    I have a permit to carry, and I recently was pulled over for speeding, with my gun in the center console of my truck.

    I told the officer that I have a permit and that I do have a gun, but not on my person.

    Anyway, I had a couple drinks with dinner, and I told him that.


    I am a State Trooper and I have never heard of giving a citation for metal penetrating bullets when you were a little over the drinking limit and had gun. However I have heard of getting a DUI, DWI while having a gun. Had I been the one who pulled you over I would probly let it slide since the gun was not physicaly on you person. My thinking is with everyone else your gonna need an attorny.
    I have a question though. Did you tell the officer about the drinks or did he ask you?
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  • cach9851cach9851 Member Posts: 4 ✭✭
    edited November -1
    I don't think getting the CHL was a mistake. I did not register a gun when I got my CHL. I work in a gun store and we simply keep the forms of the applicants in a filing cabinet. And the FBI never ask for the serial number,they only ask if it is a long gun or hand gun. I do agree that you should not be driving after drinking with a gun in the car. GET THE LAWYER,NOW
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  • Angel2youAngel2you Member Posts: 9 ✭✭
    edited November -1
    quote:Originally posted by the real fuzz
    quote:Originally posted by Angel2you

    The officer asked me where I was coming from, I told him I had dinner and a couple drinks with my friend.
    My handgun booklet given to me by the County Sheriff states you can not be intoxicated in a public place. I was not intoxicated, I was within the legal limit to drive also. If I would have known upfront, I would never have put my gun in my truck to begin with or not had anything to drink.
    It took me over an hour to find the .04 law on the internet.
    I am a female who has been brutely attacked in my past, and I was not in the most reputable part of town.
    I feel that I learned my lesson and a warning is all that is needed. I am not going to spend thousands of dollars for an attorney, who is going to plead my case as well as I can, just so he can pad his pockets. No offense to any of you. The officer even told me that I most likely was never told this, I actually do not think he even knew, because there ended up being 4 squads there while I was waiting to find anything out. Maybe I can help get this law more clear, so it is made clear to others too.

    I made a mistake, now I know the law and will abide by it.

    I will keep you all posted.




    I have a permit to carry, and I recently was pulled over for speeding, with my gun in the center console of my truck.

    I told the officer that I have a permit and that I do have a gun, but not on my person.

    Anyway, I had a couple drinks with dinner, and I told him that.


    I am a State Trooper and I have never heard of giving a citation for metal penetrating bullets when you were a little over the drinking limit and had gun. However I have heard of getting a DUI, DWI while having a gun. Had I been the one who pulled you over I would probly let it slide since the gun was not physicaly on you person. My thinking is with everyone else your gonna need an attorny.
    I have a question though. Did you tell the officer about the drinks or did he ask you?
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