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discntnt_irny_srcsm

(18,477 posts)
Fri May 18, 2012, 05:37 PM May 2012

Many states...

...will suspend or refuse to issue a CCW permit after a DWI/DUI conviction, sometimes a second conviction (which I personally agree with). Many states will restore or grant a new CCW after a number years with no further infractions following compliance with all court ordered terms.

What should the term be?

Why?


5 votes, 1 pass | Time left: Unlimited
The court decides along with imposing sentence at your conviction.
0 (0%)
Immediately after completing your court ordered terms.
3 (60%)
Less than 3 years after completing your court ordered terms.
1 (20%)
3 to 5 years after completing your court ordered terms.
1 (20%)
5 to 10 years after completing your court ordered terms.
0 (0%)
More than 10 years after completing your court ordered terms.
0 (0%)
Never. With option to appeal for a restoration.
0 (0%)
Never. No option to appeal.
0 (0%)
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Disclaimer: This is an Internet poll
24 replies = new reply since forum marked as read
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Many states... (Original Post) discntnt_irny_srcsm May 2012 OP
It was not one of the choices, but gejohnston May 2012 #1
At the discretion of the Court... ellisonz May 2012 #2
That would be... discntnt_irny_srcsm May 2012 #3
Seperate proceeding. n/t ellisonz May 2012 #5
If the court-ordered terms themselves are of flexible duration, I don't think petronius May 2012 #4
Voted, pass Oneka May 2012 #6
Many think the 2nd is different than all other rights as safeinOhio May 2012 #8
Never--no appeal. lastlib May 2012 #7
Which do you mean... discntnt_irny_srcsm May 2012 #9
There should be a progressive duration Glaug-Eldare May 2012 #10
None of above. If you buy a bottle of booze and have a gun in your pants, your gun S/B confiscated. Hoyt May 2012 #11
I do not drink , however I do cook with wine and bourbon. oneshooter May 2012 #12
Ever heard of... discntnt_irny_srcsm May 2012 #14
Can't say that I have. Does sound interesting . oneshooter May 2012 #15
For a marinade... discntnt_irny_srcsm May 2012 #16
Tell it to the judge. Hoyt May 2012 #17
You'd save a lot of time armueller2001 May 2012 #20
I don't worry about it. I just put the pistol in my pocket and go. GreenStormCloud May 2012 #21
Tell WHAT to the Judge? It is NOT against the law in Texas to carry concealed in a liquor store. oneshooter May 2012 #24
Read the OP again Glaug-Eldare May 2012 #13
You do realize Meiko May 2012 #18
I realize some states have a preponderance of stupid people and/or legislators. Hoyt May 2012 #19
If the DWI didn't involve the weapon then it should be minimal. aikoaiko May 2012 #22
I disagree discntnt_irny_srcsm May 2012 #23

discntnt_irny_srcsm

(18,477 posts)
3. That would be...
Fri May 18, 2012, 07:13 PM
May 2012

..."The court decides along with imposing sentence at your conviction."...

...unless you see a need for a proceeding separate from the DUI/DWI court. Is that what you're advocating?

petronius

(26,598 posts)
4. If the court-ordered terms themselves are of flexible duration, I don't think
Fri May 18, 2012, 07:14 PM
May 2012

it makes sense to add an automatic time period on top of that. Rather, I'd say that the procedure for the return of CCW (and any other affected licenses and permits) should be determined by the court at sentencing, and should probably be linked with the process for the return of the driving license.

If anything, I'd say the upper limit is a bigger question - courts shouldn't be allowed to impose open-ended or permanent revocations in most cases...

Oneka

(653 posts)
6. Voted, pass
Fri May 18, 2012, 08:45 PM
May 2012

as i feel that in the future, states will look back, and wonder how they ever thought, that they had the authority, to issue permission slips, to citizens who wish to exercise their rights.

safeinOhio

(32,641 posts)
8. Many think the 2nd is different than all other rights as
Fri May 18, 2012, 09:05 PM
May 2012

it is the only Constitutional amendment with a prefatory clause, such constructions were widely used elsewhere.

The writer's were pretty thoughtful about the document, yet many claim that clause was a mistake.

Glaug-Eldare

(1,089 posts)
10. There should be a progressive duration
Fri May 18, 2012, 09:22 PM
May 2012

Last edited Sat Aug 4, 2012, 04:33 AM - Edit history (1)

A first offense should have a relatively short period of disqualification, but somebody who repeatedly demonstrates a pattern of drunkenness and negligence has forfeit their right to arms. One conviction can be a seriously bad decision by an otherwise prudent and responsible citizen -- three are a pattern of carelessness that must be taken far more seriously. I voted 3-5 years, but may I suggest:

1st offense: Disqualified until one year has passed since end of sentence

2nd offense: Disqualified until 3-5 years have passed since end of sentence

3rd offense: Disqualified for life, with the right to request restoration of the right.

oneshooter

(8,614 posts)
12. I do not drink , however I do cook with wine and bourbon.
Fri May 18, 2012, 11:03 PM
May 2012

In Texas it is legal for me to go to a liquor store, armed, and purchase alcohol. The only thing that would prevent me from doing so is if proper 30.06 signage is posted. In the last 15 years I have never seen a liquor store so posted.

Oneshooter
Armed and Livin in Texas

oneshooter

(8,614 posts)
15. Can't say that I have. Does sound interesting .
Fri May 18, 2012, 11:27 PM
May 2012

I use wine in sauces and make some very popular rum and whiskey cakes. And don't forget Jack Danial's pie!

Oneshooter
Armed and Livin in Texas

discntnt_irny_srcsm

(18,477 posts)
16. For a marinade...
Fri May 18, 2012, 11:35 PM
May 2012

...I like Jack D or Ezra Brooks. Follow that with your favorite BBQ rub and roast ~ 290 for 2 1/4 hours for 4 lbs of pork ribs. Best if you can grill them for a few minutes on each side first.

 

Hoyt

(54,770 posts)
17. Tell it to the judge.
Fri May 18, 2012, 11:49 PM
May 2012

You'd save a lot of time if you just quit trying to tote everywhere. Just leave em at home and quit worrying about how, where, when, etc., you can carry.

armueller2001

(609 posts)
20. You'd save a lot of time
Sat May 19, 2012, 08:04 AM
May 2012

if you'd just quit trying to justify arbitrarily restricting people's rights. Just stay at home and quit worrying about law abiding citizens taking responsibility for their own safety and carrying self defense tools.

GreenStormCloud

(12,072 posts)
21. I don't worry about it. I just put the pistol in my pocket and go.
Sat May 19, 2012, 08:58 AM
May 2012

30.06 signs in Texas are extremely rare.

oneshooter

(8,614 posts)
24. Tell WHAT to the Judge? It is NOT against the law in Texas to carry concealed in a liquor store.
Sat May 19, 2012, 07:26 PM
May 2012

Because it is against the law to consume alcohol on the premises of a liquor store, or any store that does not have a license that allows on site consumption of alcohol.

Oneshooter
Armed and Livin in Texas

Glaug-Eldare

(1,089 posts)
13. Read the OP again
Fri May 18, 2012, 11:14 PM
May 2012

This isn't about carrying while intoxicated. It's about revoking permits as a result of DUIs, regardless of whether the driver was carrying at the time or not.

discntnt_irny_srcsm

(18,477 posts)
23. I disagree
Sat May 19, 2012, 01:12 PM
May 2012

A DWI conviction legally represents a spectrum of less than responsible behavior. There is a bit of difference between blowing a 0.08 during a random sobriety check and having the ER give the cops your BAC of 0.22 after you drove into wall.

I don't see a big difference between doing a "Cheney" and doing a "Plaxico" in terms of responsibility.

I think states that don't issue CCW permits are within their rights to impose restrictions (i.e. - on permission to drive or carry a weapon) on individuals who have demonstrated irresponsibility either by adjudication or medical diagnosis. I don't the laws in particular but there are states where a sufficient number of DWIs within a short enough period will equal a felony, rendering that person not only ineligible for a CCW but permanently unable to buy or possess a firearm. I think it's a good thing that worsening behavior has temporary consequences before permanent consequences are imposed.

Alcohol, pot, coke, oxy... these are all drugs. Just because the law treats them differently doesn't mean that it's a good idea to do so.

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