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NPS Sobriety Checkpoint Saturday 9/7 PINS
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BIG LONG
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Joined: 18 Dec 2006
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PostPosted: Fri Sep 06, 2013 7:31 am    Post subject: Reply with quote

I usually carry a mossberg 500A pistol grip LOADED in the truck for protection. So does it have to unloaded when the vehical is moving?
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FIDO
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Joined: 19 Feb 2009
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PostPosted: Fri Sep 06, 2013 7:58 am    Post subject: Reply with quote

BIG LONG wrote:
I usually carry a mossberg 500A pistol grip LOADED in the truck for protection. So does it have to unloaded when the vehical is moving?


Ain't nothin wrong with that Exclamation

I thought it had to be unloaded on PINS while the vehicle was moving, but it doesn't look that way based on what the other fellas are saying.
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Mel
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Joined: 05 Nov 2012
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PostPosted: Fri Sep 06, 2013 9:36 am    Post subject: Reply with quote

My question is where do you carry it without a CHL. Some of the local PD here told my son the pistol had to be out in the open. They said in the glove box made it concealed?
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noskunks
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Joined: 25 Apr 2006
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PostPosted: Fri Sep 06, 2013 9:46 am    Post subject: Reply with quote

Dirtylove wrote:
Quote:
Can you drink a single beer while driving a boat?


Open container law does not apply to boats in Texas. I don't know about other states. The .08 limit does apply.


I was under the impression that an open container on a boat was an automatic sobriety test for the driver.
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Jetty Bandit
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Joined: 04 Sep 2013
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PostPosted: Fri Sep 06, 2013 9:55 am    Post subject: Reply with quote

Don't drink and drive on the beach and you won't have any problems! The general public as a whole is gonna have to start buckling down by the rules because the enforcement on that beach is not gonna change.
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HighTide
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PostPosted: Fri Sep 06, 2013 10:10 am    Post subject: Reply with quote

I wasn't asking about drinking and driving on the beach. I asked if it is legal to drink a single beer while driving a boat. I just want to know what the law says. I've received some PMs that indicate that it is permissible. I'm guessing that the .08 limit won't come to play if I only drink a single beer.
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If changes in barometric pressure cause your joints to hurt, do pilots and divers have a lot of joint pain?
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PINSpirate
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Joined: 28 Feb 2012
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PostPosted: Fri Sep 06, 2013 10:14 am    Post subject: Reply with quote

I've been searched on PINS twice in the last year. I let them know I had a pistol (fully loaded) in the truck before they searched. They did their thing and let me on my way after calling in the serial numbers. Received a no seatbelt ticket on one of the stops which is a bunch of crap but oh well
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rawlbay
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PostPosted: Fri Sep 06, 2013 10:29 am    Post subject: Reply with quote

You guys that are getting searched on PINS, are you consenting to it? Have any of you let the rangers know that you do not consent to any searches? Just curious.
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RodBreaker
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Joined: 07 Mar 2006
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Location: Austin, TX

PostPosted: Fri Sep 06, 2013 10:49 am    Post subject: Reply with quote

Mel wrote:
My question is where do you carry it without a CHL. Some of the local PD here told my son the pistol had to be out in the open. They said in the glove box made it concealed?


The statutes are somewhat confusing about this. One states that the handgun must not be visible and another states it isn't applicable if you are traveling.

"A person may carry a loaded handgun without a permit while in or heading directly to a motor vehicle or watercraft they own or control. The statute does not specifically state the handgun must be concealed while heading to the vehicle or watercraft, and 46.02, which requires concealment of a handgun while in a motor vehicle or watercraft, is not applicable to a person while the person is traveling, pursuant to said activites. 46.15(b)(2)."

See Texas Penal Code 46.02 and 46.15 for the full text.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm#46.02
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HighTide
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PostPosted: Fri Sep 06, 2013 10:56 am    Post subject: Reply with quote

I was under the impression that they can search you even if you don't consent. I've heard that the reason they ask you if they can search is because they're being nice. I've also heard that a game warden is the only official that can search you without a search warrant. Has anybody else heard that before?
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PINSpirate
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Joined: 28 Feb 2012
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Location: Corpus Christi, Tx

PostPosted: Fri Sep 06, 2013 10:57 am    Post subject: Reply with quote

I've been searched on PINS twice in the last year. I let them know I had a pistol (fully loaded) in the truck before they searched. They did their thing and let me on my way after calling in the serial numbers. Received a no seatbelt ticket on one of the stops which is a bunch of crap but oh well
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RodBreaker
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PostPosted: Fri Sep 06, 2013 1:09 pm    Post subject: Reply with quote

HighTide wrote:
I was under the impression that they can search you even if you don't consent. I've heard that the reason they ask you if they can search is because they're being nice. I've also heard that a game warden is the only official that can search you without a search warrant. Has anybody else heard that before?


I've heard it before but it's not true. The only thing that makes a game warden any different from any other LEO is this recent change to the code:

Sec. 12.104. RIGHT TO SEARCH AND INSPECT. (a) A game warden or other peace officer commissioned by the department may search a game bag, vehicle, vessel, or other receptacle if the game warden or peace officer has a reasonable, articulable suspicion that the game bag, vehicle, vessel, or receptacle contains a wildlife resource that has been unlawfully killed or taken.

(b) A game warden or other peace officer commissioned by the department may inspect a wildlife resource or a part or product of a wildlife resource that is discovered during a search under Subsection (a) of this section.

(c) In this section "wildlife resource" means an animal, bird, reptile, amphibian, fish, or other aquatic life the taking or possession of which is regulated in any manner by this code.
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rawlbay
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PostPosted: Fri Sep 06, 2013 3:52 pm    Post subject: Reply with quote

What about 12.102? http://www.statutes.legis.state.tx.us/Docs/PW/htm/PW.12.htm

In any event, big difference between a GW looking in your ice chest and a park ranger searching your entire vehicle. I've been stopped a couple times by the rangers and they were friendly and professional about it, so I have no beef, but none the less, I sure would like to know whether these reported searches were with or without consent. My guess is "with."
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FIDO
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Joined: 19 Feb 2009
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Location: Aransas Pass, TEXAS

PostPosted: Fri Sep 06, 2013 6:14 pm    Post subject: Reply with quote

rawlbay wrote:
In any event, big difference between a GW looking in your ice chest and a park ranger searching your entire vehicle. I've been stopped a couple times by the rangers and they were friendly and professional about it, so I have no beef, but none the less, I sure would like to know whether these reported searches were with or without consent. My guess is "with."


Yes, with consent.

After asking about how much I had to drink that day (zero) he asked to search for an open container anyway. But, all I had to do saw say no. I know that now. At the time it was like I didn't want to cause trouble and I just trust law enforcement. Now I feel like that was a chicken*** move because they can use anything they find during that search against you. They had no reason to search my truck, the ranger just wanted to.

Again, I did consent, but I won't in the future. Getting put on the spot like that and being ignorant was a bummer. I'll be prepared to say no if it does happen again.

Here's my problem. I kind of see it as a dodged bullet. I bought my PINS truck used like a lot of people do. When I tore out the interior to replace it with the new stuff, I found some cocaine in the center console. It had a flap, like a little hidden compartment in it. If I hadn't decided to rip that carpet out he may have found it and I would have been screwed. Even if it got straightened out later, and in the words of a famous lady, AINT NOBODY GOT TIME FOR THAT Exclamation

Strangely, there may be a few things in our trucks we aren't aware of Shocked
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Spooled
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Joined: 17 Nov 2012
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Location: Rockport

PostPosted: Fri Sep 06, 2013 7:43 pm    Post subject: Reply with quote

They can search without consent if something illegal is in "plain sight" or there is probable cause to search, otherwise you must consent to a search of vehicle or baggage. AS for public knowledge of checkpoints it's the spirit of the routine to discourage drunks from driving not tally up scalps for the office wall.
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