HR218 and alcohol

[CalCop]

Not saying it's a good idea to drink and carry a gun.....but......

I know LEOSA says to be covered under its provisions you cannot be under the influence of alcohol. However, if you are a CA LEO inside CA, you do not need LEOSA to exempt you from the anti-CCW laws. You are exempted by CA PC 830 et seq, which has no prohibition on alcohol consumption while carrying off-duty.

Does anyone interpret LEOSA to have added new requirements that even when a CA cop is in CA, if he is drinking, he has VIOLATED LEOSA?

You can't really violate LEOSA, right? You can just lose its protections (while out of state) if you drink....?

Has LEOSA affected CA cops in ANY way while they are in CA?

[mej16489]

You can't really violate LEOSA, right? You can just lose its protections (while out of state)

This.

[swat]

Alcohol and Guns don't mix to well!

[cacop]

It doesn't matter to me since my department says booze and guns together are a violation of policy.

LEOSA is better understood as what you can do outside your home state.

[hitman13]

Alcohol and Guns don't mix to well!

I disagree, excessive alcohol and guns don't mix though....

[biochembruin]

Alcohol and Guns don't mix to well!

Like I always say, the day I can't do my job drunk is the day I turn in my badge and gun!



(to state the obvious, it's a joke)

[cacop]

Like I always say, the day I can't do my job drunk is the day I turn in my badge and gun!



(to state the obvious, it's a joke)

I heard up until maybe 10-12 years ago SFPD could have two beers with lunch.

Dayshift would be a lot less stessful if I could crack open a beer around 1400 or so.

[Eirerogue]

I'll have enough on my plate if I have to use my firearm. I don't need any problems with booze and questions about was I, or wasn't I under the influence.

[swat]

I disagree, excessive alcohol and guns don't mix though....

What do you consider "excessive" alcohol? Does the person who is consuming alcohol have the ability to determine when they have crossed the line into "excessive" consumption? What happens to you if you have to shoot someone after you have had a few drinks of alcohol? Doesn't alcohol impair your judgement, even less than "excessive" consumption? Would evidence of impairment be used against you?

Just a few things to think of before you go out to consume and carry.

[Che762x39]

I disagree, excessive alcohol and guns don't mix though....

F.Y.I.

Alcohol + guns = unemployed cop working construction.

After 25+ years on the job I can tell you 187 incidents regarding a moment of "stupid" screwing up somebodies life.

[BigDogatPlay]

Alcohol + guns = unemployed cop working construction.

+1

It's the bad decision making that alcohol drives that always gets guys in trouble. If I was toasty in a public place off duty the last thing I'd be worrying about is LEOSA. I'd be worried about the bosses finding out I was toasty in a public place off duty and making my life a living hell for a while.

[Bobby Ricigliano]

I wouldn't mix the two, whether permitted or not. The presence of alcohol would be a tasty morsel for a D.A. or civil claimant attorney to stick their teeth into as far as questioning your judgement at the time of the incident.

[CalCop]

Like I said in my original post....it's not a good idea. However, can anyone shed light on my original question via some kind of legal documentation.

[ckim34]

It's a bad idea to mix the two and I'm sure most departments have a policy that states you cant be drinking and have your gun. Unless you are at home I guess.....

[CalCop]

It's a bad idea to mix the two and I'm sure most departments have a policy that states you cant be drinking and have your gun. Unless you are at home I guess.....

The department I am concerned with does not have a policy against it. Could they use LEOSA to try and say the cop "violated" LEOSA? In my reading, LEOSA is an exemption to prosecution, not something you can violate. I was just hoping maybe an attorney here could confirm my suspicions.