Jeff Hayes
Regular Member
NavyLT
Two different things, in your second case they would simply be transporting a firearm not CC or OC.
Two different things, in your second case they would simply be transporting a firearm not CC or OC.
NavyLT
Two different things, in your second case they would simply be transporting a firearm not CC or OC.
Two different things indeed. According to the law though, it says in a place when and where a CPL is required. In the second situation, since a CPL is not required, there would be no justification under this portion of the law for confiscation. Unless I suspect it was only for temporarily to secure it.
(e) In the possession of a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in chapter 46.61 RCW;
100% agree
To add confusion, one can take a medication and not be "under the influence" of said medication. For example, if I have a single beer, I am not "under the influence" of the alcohol in said beer. Likewise, if I am in pain, and take a percocet as proscribed, the 5 grains of oxycodiene shouldn't put me in under the influence of opiates, because the pain receptors should be taking up all the opiates and not leaving any free to "influence" me to any degree. When a person does get "intoxicated" by opiates, it is because the amount of opiate he is taking exceeds the need...
Of course, trying to convince a prosecutor and jury of those facts....
You are confusing confiscation with forfeiture. If a police officer is detaining you for whatever reason, they can confiscate your firearm. If you are taken into custodial arrest, for say being drunk and disorderly in public, they will take your gun into evidence or holding as personal property.
SNIP
You could take one "opiate pain killer" for example and not have any sense of impairment. You could drink one beer and likewise not even feel it. Even pass a roadside sobriety test. But for some, combine the two and they may wake up in the middle of Albertson's with no clothes on, wondering how they got there.
SNIP.
Sounds like there might be a story there. Any surveillance video?
Actually, you can be found to be "under the influence" of a prescribed medication if for any reason it impairs your ability to pass any law enforcement's evaluation of your motor skills.
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True, but you are discussing an officer's subjective assessment, while was referring to a clinical situation. And, even then, when taken to court, the officer's subjective assessment has to be backed up with a breathalyzer or blood alcohol (at least, in the cases I was involved with, for Federal use)...
True, but you are discussing an officer's subjective assessment, while was referring to a clinical situation. And, even then, when taken to court, the officer's subjective assessment has to be backed up with a breathalyzer or blood alcohol (at least, in the cases I was involved with, for Federal use)...