Arrested while CC'ing

**jackmonster1** · July 28th, 2011, 01:12 PM

What are the legal issues surrounding an arrest for something like a pubic intox while carrying when the police refuse to return your weapon?

**TheF00L** · July 28th, 2011, 01:22 PM

Was this the exact charge and the only charge? For the experts to answer, you may need to offer more information if this is a specific thing that happened.

**marinakorp** · July 28th, 2011, 01:28 PM

Originally Posted by jackmonster1

What are the legal issues surrounding an arrest for something like a pubic intox while carrying when the police refuse to return your weapon?

Contact an LAWYER ASAP.

They sould have provided a receipt for the weapon.

IANAL

THere should be no reason to confiscate your weapon just becasuse you were publicly intoxicated.

Not knowing any of the details of the arrest (and I do not suggest that you post them), and you should contact an ATTY ASAP.

If this is thoeretical...

From what I understand you can be as drunk as you want while carrying (not talking about what is prudent or smart) as there is not a legal limit for intoxication and carrying a firearm.

If you were to use the firearm in a defense situation, then you can bet they will try and bring the BAC in to the case and say you were not in control of your faculties and could not have made a rational decision to use deadly force... but I digress.

IANAL

**jackmonster1** · July 28th, 2011, 01:50 PM

My friend and i were never informed we were being arrested. we were brought to the station and held without any info regarding the charges. When released the next day The citation said i was "to drunk to sign" which was bullshit since neither myself or my friend were visibly intoxicated. we both consented to a breathalyzer (idk why, just felt like cooperating since we were told we would be released in 20 min). We blew a .173 and 1.75 respectively. Was told I had to call a capt. to get prof. of ownership in order to get my firearm released. I contacted a lawyer the following day who "wrote a letter" requesting the return of my firearm. Not satisfied I called every day for 2 weeks until just now getting in touch with the Capt. who took my info and said i should get a call tuesday to come pick my weapon up. This all took place in Wilkes Barre. The ONLY charge was public drunkenness.

**armatum** · July 28th, 2011, 01:58 PM

Originally Posted by jackmonster1

We blew a .173 and 1.75 respectively.

Wait, you mean .175? Right?

**Gun** · July 28th, 2011, 02:04 PM

Originally Posted by armatum

Wait, you mean .175? Right?

A 1.0 alcohol content means you are a specimen in a jar, in someone's lab.

**armatum** · July 28th, 2011, 02:11 PM

Originally Posted by Gun

A 1.0 alcohol content means you are a specimen in a jar, in someone's lab.

Exactly!

Which could explain why he was unable to sign. This is all starting to make sense now.

**jackmonster1** · July 28th, 2011, 03:28 PM

my bad. lol, yes my friend was .175

**Hawk** · July 28th, 2011, 03:43 PM

Were you and your friend on foot? Do you have a LTCF or were you OCing? Sounds like you may be at risk to have your LTCF revoked (if you have one and the Sheriff hears about it and feels like it). Can't fathom why you would submit to a Breathalyzer. I don't think you're required to unless you were driving and didn't want to forfeit your license. Hopefully someone with more legal knowledge will chime in.

**CenterTree** · July 28th, 2011, 03:44 PM

Originally Posted by jackmonster1

My friend and i were never informed we were being arrested. we were brought to the station and held without any info regarding the charges. When released the next day The citation said i was "to drunk to sign" which was bullshit since neither myself or my friend were visibly intoxicated. we both consented to a breathalyzer (idk why, just felt like cooperating since we were told we would be released in 20 min). We blew a .173 and 1.75 respectively. Was told I had to call a capt. to get prof. of ownership in order to get my firearm released. I contacted a lawyer the following day who "wrote a letter" requesting the return of my firearm. Not satisfied I called every day for 2 weeks until just now getting in touch with the Capt. who took my info and said i should get a call tuesday to come pick my weapon up. This all took place in Wilkes Barre. The ONLY charge was public drunkenness.

Don't go to IOWA.

http://www.foxnews.com/politics/2011...r-lose-permit/