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  • biglou
    Senior Member
    • May 2007
    • 1315

    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 ?
  • #2
    SVT-40
    I need a LIFE!!
    • Jan 2008
    • 12894

    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.
    Last edited by SVT-40; 07-22-2012, 10:25 PM.
    Poke'm with a stick!


    Originally posted by fiddletown
    What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

    Comment

    • #3
      Unit74
      Senior Member
      • Apr 2009
      • 2359

      Liquored up and packin heat?....... Sounds to me like days on the beach at min.

      Comment

      • #4
        biglou
        Senior Member
        • May 2007
        • 1315

        [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.

        Comment

        • #5
          Ron-Solo
          In Memoriam
          • Jan 2009
          • 8581

          No laws, but department policies vary greatly.

          Everything hinges on if it was a good shoot or not.
          LASD Retired
          1978-2011

          NRA Life Member
          CRPA Life Member
          NRA Rifle Instructor
          NRA Shotgun Instructor
          NRA Range Safety Officer
          DOJ Certified Instructor

          Comment

          • #6
            BigDogatPlay
            Calguns Addict
            • Jun 2007
            • 7362

            Originally posted by Ron-Solo
            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.
            -- Rifle, Pistol, Shotgun

            Not a lawyer, just a former LEO proud to have served.

            Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison

            Comment

            • #7
              Eric B
              Senior Member
              • Jul 2012
              • 651

              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.

              Comment

              • #8
                Bobby Ricigliano
                Mit Gott und Mauser
                CGN Contributor
                • Feb 2011
                • 17439

                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.

                Comment

                • #9
                  fullrearview
                  Calguns Addict
                  • Jan 2008
                  • 9371

                  Originally posted by Bobby Ricigliano
                  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
                  "Always do right. This will gratify some people and astonish the rest."~M.Twain~

                  Comment

                  • #10
                    HeavyHitterPinoy415
                    Junior Member
                    • May 2012
                    • 24

                    Originally posted by Bobby Ricigliano
                    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..

                    Comment

                    • #11
                      Ron-Solo
                      In Memoriam
                      • Jan 2009
                      • 8581

                      Originally posted by Bobby Ricigliano
                      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!
                      LASD Retired
                      1978-2011

                      NRA Life Member
                      CRPA Life Member
                      NRA Rifle Instructor
                      NRA Shotgun Instructor
                      NRA Range Safety Officer
                      DOJ Certified Instructor

                      Comment

                      • #12
                        Notorious
                        Veteran Member
                        • Sep 2008
                        • 4695

                        Originally posted by Bobby Ricigliano
                        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.
                        I like guns

                        Comment

                        • #13
                          constable
                          Senior Member
                          • Aug 2011
                          • 749

                          Most policies cover this no adays
                          NEVER TAKE ANYTHING I SAY FOR LEGAL ADVICE. CONSULT AN ATTORNEY BEFORE RISKING YOUR FREEDOM... EVEN THEN IT'S YOUR FREEDOM. NOT YOUR ATTORNEY'S FREEDOM. PROCEED WITH YOUR DECISIONS AT YOUR OWN RISK.

                          FOLKS WHO NEED THIS DISCLAIMER NEED MUCH MORE THAN THIS DISCLAIMER.

                          Comment

                          • #14
                            1911su16b870
                            CGN/CGSSA Contributor
                            CGN Contributor
                            • Dec 2006
                            • 7654

                            iCarry 24/7...so if I am out, I don't drink.
                            "Bruen, the Bruen opinion, I believe, discarded the intermediate scrutiny test that I also thought was not very useful; and has, instead, replaced it with a text history and tradition test." Judge Benitez 12-12-2022

                            NRA Endowment Life Member, CRPA Life Member
                            GLOCK (Gen 1-5, G42/43), Colt AR15/M16/M4, Sig P320, Sig P365, Beretta 90 series, Remington 870, HK UMP Factory Armorer
                            Remington Nylon, 1911, HK, Ruger, Hudson H9 Armorer, just for fun!
                            I instruct it if you shoot it.

                            Comment

                            • #15
                              RileyBean
                              Banned
                              • Jun 2012
                              • 258

                              Originally posted by Notorious
                              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.

                              Comment

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