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  #1  
Old 07-22-2012, 4:49 PM
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Default Alcohol/carrying off duty

If an Officer uses his personal weapon off duty for self defense and is drinking what would he be charged with ?
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  #2  
Old 07-22-2012, 4:52 PM
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Nothing, unless he or she committed a crime while defending him or herself. If the use was "reasonable" why would you believe a officer would be charged? Same with a non officer who reasonably used a firearm to defend themselves.

Now civilly he or she would be attacked, dependent upon the level of alcohol in his or her system.
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  #3  
Old 07-22-2012, 5:16 PM
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Liquored up and packin heat?....... Sounds to me like days on the beach at min.
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Old 07-22-2012, 5:20 PM
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[QUOTE=SVT-40;8980392If the use was "reasonable" why would believe a officer would be charged. Same with a non officer who reasonably used a firearm to defend themselves.[/QUOTE]

I thought there was some type of law that forbid carrying when drinking. Thanks.
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  #5  
Old 07-22-2012, 5:58 PM
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No laws, but department policies vary greatly.

Everything hinges on if it was a good shoot or not.
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  #6  
Old 07-22-2012, 6:06 PM
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Originally Posted by Ron-Solo View Post
Everything hinges on if it was a good shoot or not.
^^^ This ^^^

If the shoot is good then the involved officer having had a beer on the way home from work isn't really going to matter. It's a good shoot.
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  #7  
Old 07-22-2012, 6:50 PM
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Our policy is no drinking on duty unless its part of your assignment, vice, UC, etc.. We have no policy on being armed while off duty and consuming. A beer or two with dinner? I don't see an issue. Getting crazy at a kegger? You may be looking at trouble if you make a mistake.
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Old 07-22-2012, 7:00 PM
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I believe in staying 100% sober if I am carrying a firearm. I don't want my judgement or coordination to be compromised if I am faced with a potential shooting situation.

If I'm going to drink, weapon and creds stay at home.
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Old 07-22-2012, 7:22 PM
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Quote:
Originally Posted by Bobby Ricigliano View Post
I believe in staying 100% sober if I am carrying a firearm. I don't want my judgement or coordination to be compromised if I am faced with a potential shooting situation.

If I'm going to drink, weapon and creds stay at home.
Which is way I'm always sober
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Old 07-22-2012, 8:39 PM
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Quote:
Originally Posted by Bobby Ricigliano View Post
I believe in staying 100% sober if I am carrying a firearm. I don't want my judgement or coordination to be compromised if I am faced with a potential shooting situation.

If I'm going to drink, weapon and creds stay at home.
I agree..
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  #11  
Old 07-22-2012, 9:17 PM
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Quote:
Originally Posted by Bobby Ricigliano View Post
I believe in staying 100% sober if I am carrying a firearm. I don't want my judgement or coordination to be compromised if I am faced with a potential shooting situation.

If I'm going to drink, weapon and creds stay at home.
Me too!
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  #12  
Old 07-23-2012, 6:29 AM
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Quote:
Originally Posted by Bobby Ricigliano View Post
I believe in staying 100% sober if I am carrying a firearm. I don't want my judgement or coordination to be compromised if I am faced with a potential shooting situation.

If I'm going to drink, weapon and creds stay at home.
That is a personal choice, and a wise one, but law does not require it in CA, and department policies vary, with the ones I have seen being non-existent.
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  #13  
Old 07-23-2012, 7:16 AM
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Most policies cover this no adays
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  #14  
Old 07-23-2012, 8:32 AM
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iCarry 24/7...so if I am out, I don't drink.
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  #15  
Old 07-23-2012, 8:47 AM
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Originally Posted by Notorious View Post
That is a personal choice, and a wise one, but law does not require it in CA, and department policies vary, with the ones I have seen being non-existent.
Most agencies will boot you quick nowadays if you are caught off duty, armed, and drinking.
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  #16  
Old 07-23-2012, 9:05 AM
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I still carry when I drink, I just don't get drunk. If I start getting a little too buzzed I'll hand it off to the wife.

Granted, I live in a different place than most of you, but I know that there will be haters. Love it or hate it, it's my choice and mine alone. There are no laws against it in my state, and our policy is very loose.
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Old 07-23-2012, 3:23 PM
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No crime but I imagine things could possibly get uncomfortable in a civil lawsuit.
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  #18  
Old 07-23-2012, 6:14 PM
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We have a policy about medical marijuana... not alcohol.
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  #19  
Old 07-23-2012, 9:33 PM
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use common sense
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  #20  
Old 07-24-2012, 5:21 AM
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use common sense
Which is anything but.
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Old 07-24-2012, 9:04 AM
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No matter the reason, why put yourself/anyone at risk?

Sort of like at the height of drive-by shooting in LA, if you were a black male between the ages of 10-50(?) why would you be outdoors at night whether affiliated with a gang or not. Your chances of being shot go up greatly as each hour passes

A sample of how things go wrong quickly. If they weren't there...one cops lives.
http://www.calguns.net/calgunforum/s...d.php?t=599261
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  #22  
Old 07-27-2012, 9:34 PM
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Quote:
Originally Posted by Bobby Ricigliano View Post
I believe in staying 100% sober if I am carrying a firearm. I don't want my judgement or coordination to be compromised if I am faced with a potential shooting situation.

If I'm going to drink, weapon and creds stay at home.
I compleeeeeetly agree......(hiccup). If I'm gonna stay firearm I'm gonna stay judgement 100%........(hiccup) Sober drink with credentials...(burrrrrrp).
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  #23  
Old 07-27-2012, 10:23 PM
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Drinking and carrying your off-duty weapon is asking for troubles, I simply don't do it.
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  #24  
Old 07-27-2012, 10:42 PM
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I carry pretty much 100%. I don't drink much and don't hang in bars anymore. I will say that my department has a policy against drinking and being armed. it will at minimum get you pulled from special duty, on a desk and under investigation.

my basic rule is low key and don't act a fool.
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Old 07-27-2012, 11:03 PM
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well seems to me that drinking and carrying is NOT OK according to this

http://www.fbi.gov/stats-services/pu..._duty_firearms

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34 The statute also prohibits carrying firearms when under the influence of alcohol or any intoxicating or hallucinatory substance.
recent story in the news of a off duty officer involved shooting involving alcohol, a bar fight, and friendly fire. that leaves on officer dead and another shot 4 times in the upper body and critically wounded

http://www.fox40.com/news/headlines/...,6811625.story
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  #26  
Old 07-28-2012, 5:26 AM
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Any booze=no guns. Don't risk it and have someone take your badge over a simple misjudgment
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  #27  
Old 07-30-2012, 7:28 PM
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well seems to me that drinking and carrying is NOT OK according to this http://www.fbi.gov/stats-services/pu..._duty_firearms
LEOSA is only necessary to protect officers when they are out of their home state. So, since CA has no law against cops drinking and carrying off-duty, LEOSA cannot impose that requirement upon them in CA. Also, in states where carry is allowed by out of state officers, and the law doesn't prohibit drinking and carrying, it is still allowed. The only time LEOSA would matter, is if you are in another gun-hating state, like say, New York, where they don't want out of state off-duty cops carrying. There, you need LEOSA to carry, therefore, if you want LEOSA protection, you cannot drink and carry.
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Old 07-30-2012, 8:30 PM
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Originally Posted by CalCop View Post
LEOSA is only necessary to protect officers when they are out of their home state. So, since CA has no law against cops drinking and carrying off-duty, LEOSA cannot impose that requirement upon them in CA. Also, in states where carry is allowed by out of state officers, and the law doesn't prohibit drinking and carrying, it is still allowed. The only time LEOSA would matter, is if you are in another gun-hating state, like say, New York, where they don't want out of state off-duty cops carrying. There, you need LEOSA to carry, therefore, if you want LEOSA protection, you cannot drink and carry.
thanks for clarifying that... seems the CA legislators have a big hole of liability to patch in this one.

because I see no reason for a off duty officer to be carrying while in a bar drinking or under any other substance.
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Old 07-30-2012, 8:42 PM
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Originally Posted by zum View Post
thanks for clarifying that... seems the CA legislators have a big hole of liability to patch in this one.

because I see no reason for a off duty officer to be carrying while in a bar drinking or under any other substance.
Generally speaking, I agree with that. I never drink and carry.
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Old 07-30-2012, 9:09 PM
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Originally Posted by zum View Post
thanks for clarifying that... seems the CA legislators have a big hole of liability to patch in this one.

because I see no reason for a off duty officer to be carrying while in a bar drinking or under any other substance.
Let's outlaw cars too, beause people can drink and drive, which I see no need for...
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Old 07-30-2012, 9:19 PM
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thanks for clarifying that... seems the CA legislators have a big hole of liability to patch in this one.

because I see no reason for a off duty officer to be carrying while in a bar drinking or under any other substance.
Please don't give legislators any more ideas to throw laws in the place where people should just use common sense.

Yeah, that's what we need, more laws on stuff people should know, because more laws means more responsible citizenry and more freedom.

What's next? Laws to make us tie our shoes? Laws to ban knife use in the kitchen without kevlar gloves?

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Originally Posted by hitman13 View Post
Let's outlaw cars too, beause people can drink and drive, which I see no need for...
Don't stop there. Ban alcohol with any activity which requires you to do anything more than just being outside your house. No alcohol in any public place because there is too much danger for you to do something when other people are around.

You can only drink inside your house with yourself or your family and friends, if they all sign a consent form to agree to let you drink. Every person that drinks in the presence of another must have everyone present sign a consent form.
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Old 07-30-2012, 9:29 PM
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I get where your coming from Notorious but we are talking about civil servants that are the responiblity of local police agencies, City's, and county's

Not having something in the books outlawing this type of behavior is a MAJOR liability to the tax payers because if something where to happend the officer isn't the only one that stands to be sued
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Old 07-30-2012, 9:52 PM
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I never drink and carry.
Never say never...
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Old 07-30-2012, 10:08 PM
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Don't stop there. Ban alcohol with any activity which requires you to do anything more than just being outside your house. No alcohol in any public place because there is too much danger for you to do something when other people are around. You can only drink inside your house with yourself or your family and friends.
That actually doesn't sound like such a bad idea. Too bad I'm such a hardcore Libertarian....I might actually vote for you.
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Old 07-31-2012, 12:32 AM
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Quote:
Originally Posted by zum View Post
I get where your coming from Notorious but we are talking about civil servants that are the responiblity of local police agencies, City's, and county's

Not having something in the books outlawing this type of behavior is a MAJOR liability to the tax payers because if something where to happend the officer isn't the only one that stands to be sued
I know, but using extremes to illustrate a point sometimes is the only way to get somewhere. So in that vein, if public service and potential liability is an issue... we need to ban all public servants from drinking anywhere, anytime.

Do you want a blitzed out President pushing the red button and unleashing nuclear winter?

Do you want your local mailman to give out everyone's secrets at the bar such as who subscribes to what kind of porno mag?

Going further, we shouldn't allow anyone who works in a public health facility to smoke or swim after eating or go out in winter without 4 layers of clothes or let them out anywhere in public without a germ mask because they can carry germs back or get sick and then infect others in their care which would cause liability.

Or not let public bus drivers drive off duty because they are supposed to be professional drivers and if they cause off duty accidents, then they aren't that good and we can't let bad drivers drive public buses or else we knowingly and negligently let bad drivers operate our buses and we would get sued.

The point is, you can't legislate liability out of everything and if you do, you end up with everyone being bubble boy and locked inside the house... then the house collapses because the contractor was negligent and you sue again.

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Originally Posted by CalCop View Post
That actually doesn't sound like such a bad idea. Too bad I'm such a hardcore Libertarian....I might actually vote for you.
I have too much of an honest tongue and low tolerance of BS to be a politician, but I appreciate the support.
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Old 07-31-2012, 6:11 AM
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notorious im behind you for president... your ideas are BRILLIANT
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Old 07-31-2012, 6:35 PM
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Do you want a blitzed out President pushing the red button and unleashing nuclear winter?
Well, based on your description, he sounds better than our current president.

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Originally Posted by Notorious
Do you want your local mailman to give out everyone's secrets at the bar such as who subscribes to what kind of porno mag?
Porno Mag? Come on, nobody subscribes to porno mags when tube8 and xvideos.com are free!!!

Quote:
Originally Posted by Notorious
Going further, we shouldn't allow anyone who works in a public health facility to smoke or swim after eating or go out in winter without 4 layers of clothes or let them out anywhere in public without a germ mask because they can carry germs back or get sick and then infect others in their care which would cause liability.
Obviously ya don't live in New York city, because I think Mayor Bloomberg is pushing to implement those very ideas.
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Old 07-31-2012, 6:54 PM
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Haha, you got me there on all points, TT. He's beating our nuts here by banning drinks over 16 oz. as super deadly high capacity assault fluid containers able to hydrate multiple people at the same time.
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