Ask a Cop: Does DUI affect gun carry?

Published 8:50 am Tuesday, February 26, 2019

Deez from Port Arthur asks: Officer Antoine, thank you for this article. It’s a very good informational read, and it’s often quite entertaining.

I have a question regarding transporting guns in vehicles. I have the understanding we Texans are allowed to travel in our vehicles with a loaded firearm as long as we adhere to certain restrictions: keeping the weapon out of plain view and not being convicted of a felony. My question is if someone is a licensed weapon holder in Texas, is stopped by a police officer and accused of driving while intoxicated, can he or she still carry the weapon?

Answer: Good question, Deez! Thank you for being a follower of “Ask A Cop!”

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Deez, you point out something many citizens of Texas aren’t aware of concerning being in possession of a firearm while operating a motor vehicle. Yes, you’re correct. Motorists in Texas, as outlined in the Texas Penal Code 46.02, are allowed to have a handgun in their vehicle as along as the handgun is out of plain view, (doesn’t pertain to licensed holders); you’re not engaged in a crime higher than a Class C; not prohibited by law from possessing by felony conviction; and not a member of a criminal street gang.

Deez, your question about being intoxicated while driving with a weapon would be affected by No. 2 on our list, because driving while intoxicated is a Class B in Texas, which is higher than a Class C. This would void the driver the right to have a weapon in his possession. Simply put, it doesn’t matter if you’re a licensed weapon holder in Texas or not, the state of Texas will not permit anyone to operate a motor vehicle while intoxicated and while in possession of a firearm. If a law enforcement officer stops you, chances are you will be charged for both offenses: driving while intoxicated and unlawfully carrying a weapon.

Gene from Port Arthur asks: Officer Antoine, my coworker and I are at odds over a turning issue. We would like you to end this debate for us.

When turning right at a red light when there’s no traffic coming, can I turn without stopping all the way if no vehicles are coming? May I add I’m not reckless in turning, and I always look for other vehicles on the roadway before committing the turn. Does a vehicle have to come to a complete stop before turning at a traffic signal if no other vehicles are near that intersection?

Answer: Good question, Gene. It seems like you already know the answer but trying to hook me to your point of view! Gene, simply put, in Texas you must come to a complete stop when turning right on a red light. Yes, you can turn right at a red light but that’s only after you have brought your vehicle to a complete stop. In reality, the red light must be treated like a stop sign, meaning you must yield the right of way to all vehicles traveling that direction while the light is red, before you attempt a right turn at a red light. Traffic signal intersections are dangerous and deadly when motorists don’t obey the signals.

Pam from Nederland asks: Officer Antoine, you recently spoke about laws regarding making U-turns on the roadway. As a family member and I were discussing this, we came up with the thought of U-turns at intersections. Is it legal to make a U-turn at a signal intersection? If so, when is it permissible to make a U-turn at an intersection? Thanks in advance for all of the wonderful information you deliver to readers on a weekly basis…You have been more of a help to readers in this area than you know. It seems like everywhere I go, people know and talk about your article Ask A Cop!

Answer: Good question, Pam. Believe it or not, but after several years of having this column in The News, comments like yours are reassuring to me that we’re still reaching motorists in Port Arthur and neighboring communities. Pam, yes, U-turns are permitted at signal intersections as long as they can be performed safely. If there’s a barrier or boulevard between you and the opposite direction you desire to go, you must wait until your traffic signal turns green. So, if you desire to make a U-Turn at an intersection, know that it’s permissible as long as it done safely. I will add you can make a U-turn at a signal intersection on a red light.

Join Officer Antoine for Ask A Cop Live, on KSAP 96.9 FM, “The Breeze” radio station, every Tuesday from 1-2 p.m. Tune in and listen as Officer Antoine discusses in detail the newly released Ask A Cop article that printed in The News. You can also tune in via internet at www.ksapthebreeze.org. Feel free to call in and ask your question live to Officer Antoine at (409) 982-0247.

 

Remember to email your questions to Rickey.Antoine@portarthurtx.gov, or call 409-983-8673 and leave a message or voice mail question, or mail them to: Ofc. Rickey Antoine, 645 Fourth St., Port Arthur, Texas, 77640. If you happen to see me in public you can Ask A Cop!