ThatOneChick
Regular Member
imported post
Hi, first time poster, long time lurker.
To begin, I OC a 9mm. I was OCing in a restaurant when a couple gentlemen asked if they could join me and a friend. I said "Yes." and they sat with us. I smelled alcohol and made the comment "Boy, you guys sure have been partying." One gentleman, I later found out was an off-duty police officer, stated "Yes, and we did some meth." I'm a zero-tolerance person and asked them to leave the table.
Having their booth next to ours, I heard some angry words from the off-duty LEO about me. He stood up, slammed his badge on my table, and sat down next to me uninvited.
I had screamed at my friend to move and jumped over the table. In the process, I placed my hand over my holster to hold it steady while I flew over the table. It was an open palm and, my holster is a snap holster.
After I had gotten clear of the table, I removed my hand from my holster and it never went near it again. I had made it clear across the restaurant and out of view from the men who were being told they needed to leave from an employee.
The off-duty LEO had reached for his weapon in a manner which implied he was getting ready to draw it while the employee told him the police had been called. The whole time, the LEO was screaming "THE POLICE ARE ALREADY HERE!"
The LEO has thus been charged with disorderly conduct.
My questions:
Was the LEO brandishing? Utah Code Section 76-10-506 reads
Would the situation constitute "In an angry and threatening manner"?
Are LEOs exempt from carrying while under the influence? The BCI website states
I was informed the LEO had been tested for BAC over an hour after the incident from his own department. I'm unaware of whether it was a breathalyzer or other means of testing, as well as the percentage but, I was told he did have alcohol in his system. I'm also unaware if he was tested for illegal substances including meth.
Utah Code Section 76-10-523 states, paraphrasing, that police officers are exempt from weapons laws. ( http://www.le.utah.gov/UtahCode/getCodeSection?code=76-10-523 ) Does this mean the LEO could be intoxicated by legal and illegal substances and still carry a weapon legally?
I understand "Disorderly conduct" as a catch-all type of law in Utah. ( http://www.le.utah.gov/UtahCode/getCodeSection?code=76-9-102 ) Would the assumed brandishing and under the influence infractions fall under the charge of disorderly conduct?
My final question: I often open-handedly block my weapon when people get too close to me and bump into me or when I'm about to bump into objects such as shelves in stores and what not. Would this constitute brandishing? Or some other illegal act? I understand how it could be misconstrued but, by definition, am I in any way breaking any laws?
Thank you for any and all help. I know I have a lot to ask and appreciate any input.
Hi, first time poster, long time lurker.
To begin, I OC a 9mm. I was OCing in a restaurant when a couple gentlemen asked if they could join me and a friend. I said "Yes." and they sat with us. I smelled alcohol and made the comment "Boy, you guys sure have been partying." One gentleman, I later found out was an off-duty police officer, stated "Yes, and we did some meth." I'm a zero-tolerance person and asked them to leave the table.
Having their booth next to ours, I heard some angry words from the off-duty LEO about me. He stood up, slammed his badge on my table, and sat down next to me uninvited.
I had screamed at my friend to move and jumped over the table. In the process, I placed my hand over my holster to hold it steady while I flew over the table. It was an open palm and, my holster is a snap holster.
After I had gotten clear of the table, I removed my hand from my holster and it never went near it again. I had made it clear across the restaurant and out of view from the men who were being told they needed to leave from an employee.
The off-duty LEO had reached for his weapon in a manner which implied he was getting ready to draw it while the employee told him the police had been called. The whole time, the LEO was screaming "THE POLICE ARE ALREADY HERE!"
The LEO has thus been charged with disorderly conduct.
My questions:
Was the LEO brandishing? Utah Code Section 76-10-506 reads
( http://www.le.utah.gov/UtahCode/getCodeSection?code=76-10-506 )Every person, except those persons described in Section 76-10-503, who, not in necessary self defense in the presence of two or more persons, draws or exhibits any dangerous weapon in an angry and threatening manner or unlawfully uses the same in any fight or quarrel is guilty of a class A misdemeanor.
Would the situation constitute "In an angry and threatening manner"?
Are LEOs exempt from carrying while under the influence? The BCI website states
( http://publicsafety.utah.gov/bci/FirearmLaws.html )It is unlawful to carry a firearm while under the influence of alcohol or a controlled substance with or without a permit.
( http://publicsafety.utah.gov/bci/FAQ.html#7 )It is illegal to be intoxicated and in possession of a firearm. The level of intoxication that is considered illegal is the same standard as when driving a car. (.08 B.A.C.)
I was informed the LEO had been tested for BAC over an hour after the incident from his own department. I'm unaware of whether it was a breathalyzer or other means of testing, as well as the percentage but, I was told he did have alcohol in his system. I'm also unaware if he was tested for illegal substances including meth.
Utah Code Section 76-10-523 states, paraphrasing, that police officers are exempt from weapons laws. ( http://www.le.utah.gov/UtahCode/getCodeSection?code=76-10-523 ) Does this mean the LEO could be intoxicated by legal and illegal substances and still carry a weapon legally?
I understand "Disorderly conduct" as a catch-all type of law in Utah. ( http://www.le.utah.gov/UtahCode/getCodeSection?code=76-9-102 ) Would the assumed brandishing and under the influence infractions fall under the charge of disorderly conduct?
My final question: I often open-handedly block my weapon when people get too close to me and bump into me or when I'm about to bump into objects such as shelves in stores and what not. Would this constitute brandishing? Or some other illegal act? I understand how it could be misconstrued but, by definition, am I in any way breaking any laws?
Thank you for any and all help. I know I have a lot to ask and appreciate any input.