Bill To Be Proposed Restricting LEO From Carrying Guns While Drinking (HI) (Read 12599 times)

OldFaithful

http://www.hawaiinewsnow.com/story/23284216/bill-would-target-officers-who-drink-and-carry-weapons

Basically Senator Espero wants it to be illegal for all LEO officers in Hawaii to carry or use a firearm if they have had an alcoholic drink on or off duty.

"He plans to write that into a bill next session. The idea for legislation comes after speculation that Christopher Deedy was drunk when he shot Kollin Elderts."  Lol so you wanna introduce a bill about something that may or may not have been true?

Besides the fact that the police do not have a duty to protect you Warren v. District of Columbia I don't think it really matters if a LEO had one drink and can possible save your life.  Under this proposed law "I'm totally sober after one drink, but I can't use ,my gun so sorry!"   >:(

Darmok and Jalad @Tanagra

http://www.hawaiinewsnow.com/story/23284216/bill-would-target-officers-who-drink-and-carry-weapons

Basically Senator Espero wants it to be illegal for all LEO officers in Hawaii to carry or use a firearm if they have had an alcoholic drink on or off duty.

"He plans to write that into a bill next session. The idea for legislation comes after speculation that Christopher Deedy was drunk when he shot Kollin Elderts."  Lol so you wanna introduce a bill about something that may or may not have been true?

Besides the fact that the police do not have a duty to protect you Warren v. District of Columbia I don't think it really matters if a LEO had one drink and can possible save your life.  Under this proposed law "I'm totally sober after one drink, but I can't use ,my gun so sorry!"   >:(

As silly as it sounds, this situation with Deedy highlights, among other glaring shortcomings, the lack of such restrictions in Hawaii's laws.  Yes, there will be unintended consequences, but the legislature isn't about common sense.  They are about reaction and reelection. 

This incident demonstrated that, even IF a shooting is justified, a COP who legally carries a weapon and drinks booze (as opposed to us regular CCW holders who carry  ???) has a responsibility to be above reproach in their judgement.  Having even one drink can be seen as a hindrance to quick and judicious decision making.  You don't have to be impaired for your attitude and judgement to be affected by alcohol. 

I think this bill has some merit, in that it identifies a disparity between being impaired versus "potentially affected by alcohol."  Eliminate the alcohol/firearm combination altogether ... I see nothing wrong with that. 

Since the bill you stated says they shouldn't be carrying at all when drinking, there will be no decision to make in a crime-stopping situation --- the COP is unarmed, so no problem with the law.  However, it allows the state to prosecute a COP who had a drink at 6:00 with the guys on the way home while unarmed, then, as you said, comes across  a situation where he needs to use the firearm.  If the firearm was left in his vehicle, he now has access, and there's an emergency, it becomes a problem of "damned if you do, damned if you don't."
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

K30l4

I have one question.

Who will enforce this if it indeed passes?

Darmok and Jalad @Tanagra

I have one question.

Who will enforce this if it indeed passes?

There you go again, mixing politics and common sense!   

:wacko:       :crazy:       :wacko:       :crazy:       :wacko:       :crazy:     

There should ALREADY be a department policy covering this with strict penalties.  Why wait for a shooting to prosecute?  The Cops need to be held to a policy standard that is no less stringent than a civilian CCW.  Most states have rules about drinking or even being in a place that serves booze while carrying.  Cops need to follow the same rules when it comes to alcohol and firearms.

As for enforcement, hopefully that's what the state AG and surveillance cameras can take care of!
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

bass monkey

I have one question.

Who will enforce this if it indeed passes?

Exactly. Responding officers will probably forget to do it or something.  Not sure about cops being a rat on other cops

Bunker

There should ALREADY be a department policy covering this with strict penalties.  Why wait for a shooting to prosecute?  The Cops need to be held to a policy standard that is no less stringent than a civilian CCW.  Most states have rules about drinking or even being in a place that serves booze while carrying.  Cops need to follow the same rules when it comes to alcohol and firearms.
It’s a BS Hawaii liberal attempt to fuck things up worst than what they already are because of the Deedy incident. That is what politicians do…take advantage of an emotional issue to pass some BS law.

The majority of agencies and police departments allow moderate consumption of alcohol while off duty and conceal carrying. Key word is moderate. “The moderate use of alcohol is generally accepted in our society and is legal in most jurisdictions. The moderate social usage of alcohol is generally known to have little significant relationship to a person’s ability to perform effectively and it has no apparent effect upon the Service’s ability to effectively conduct its responsibilities.”

However, 18 USC § 926B clearly states a “qualified” law enforcement officer cannot be under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
 
H.R. 218 has been challenged in court multiple times and it has been upheld in every case. Imagine if a LEO wanted to enjoy a glass of wine with his dinner at a restaurant but he wasn’t authorized to moderately consume alcohol while he conceal carried? Then imagine to comply with policy, he left his firearm at home and then a felony was committed right in front of him at the restaurant and he couldn't intervene.

Imagine if an off duty LEO was not able to carry and he wanted to enjoy a beer with some buddies at a restaurant and a convicted felon that he personally sent to prison for 15 years was just recently released happens to see him there and wants to take revenge by beating him to a pulp or whatever, and this could apply to his family too if they were present. Without his firearm, game over. There are many situations where the outcome could jeopardize public safety and/or the LEO and/or his or her  family.

That is the main reasons why moderate consumption is authorized in most departments/agencies...public safety and potential harm to person or family. Can't just consider the guy writing tickets but detectives and special agents involved with homicide, narcotics, organized crime, etc, etc. Possibly detectives/SA that are working undercover and their cover is blown while off duty with family, etc, etc.

bass monkey

It’s a BS Hawaii liberal attempt to fuck things up worst than what they already are because of the Deedy incident. That is what politicians do…take advantage of an emotional issue to pass some BS law.

The majority of agencies and police departments allow moderate consumption of alcohol while off duty and conceal carrying. Key word is moderate. “The moderate use of alcohol is generally accepted in our society and is legal in most jurisdictions. The moderate social usage of alcohol is generally known to have little significant relationship to a person’s ability to perform effectively and it has no apparent effect upon the Service’s ability to effectively conduct its responsibilities.”

However, 18 USC § 926B clearly states a “qualified” law enforcement officer cannot be under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
 
H.R. 218 has been challenged in court multiple times and it has been upheld in every case. Imagine if a LEO wanted to enjoy a glass of wine with his dinner at a restaurant but he wasn’t authorized to moderately consume alcohol while he conceal carried? Then imagine to comply with policy, he left his firearm at home and then a felony was committed right in front of him at the restaurant and he couldn't intervene.

Imagine if an off duty LEO was not able to carry and he wanted to enjoy a beer with some buddies at a restaurant and a convicted felon that he personally sent to prison for 15 years was just recently released happens to see him there and wants to take revenge by beating him to a pulp or whatever, and this could apply to his family too if they were present. Without his firearm, game over. There are many situations where the outcome could jeopardize public safety and/or the LEO and/or his or her  family.

That is the main reasons why moderate consumption is authorized in most departments/agencies...public safety and potential harm to person or family. Can't just consider the guy writing tickets but detectives and special agents involved with homicide, narcotics, organized crime, etc, etc. Possibly detectives/SA that are working undercover and their cover is blown while off duty with family, etc, etc.


Meh. Tell them: Don't stall, call 911 for help immediately.
If this goes through it will be interesting to see the show of support in opposition that HPD and SHOPO will put up to not have this pass.

robtmc

Imagine if an off duty LEO was not able to carry and he wanted to enjoy a beer with some buddies at a restaurant and a convicted felon that he personally sent to prison for 15 years was just recently released happens to see him there and wants to take revenge by beating him to a pulp or whatever

Devil's advocate might say: Something more sacred about him than the rest of us peasants?

Kingkeoni

This law would be awesome.

People would get killed, banks robbed, car jacking a and officers couldn't intervene.

"Sorry guys I had a drink a couple hours ago, so I can't carry my firearm."


There is absolutely no way in hell this idiotic law passes.

The numb nut that introduced the bill should get his ass kicked for even being stupid enough to concoct this load of steamy, corn riddled shit.
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

Bunker

Devil's advocate might say: Something more sacred about him than the rest of us peasants?
There is nothing more sacred than a loaded firearm when SHTF! A gun is like a parachute...if you come to the realization that you need it once the event is already happening and don't have it, you're fucked.

BUD

This law would be awesome.

People would get killed, banks robbed, car jacking a and officers couldn't intervene.

"Sorry guys I had a drink a couple hours ago, so I can't carry my firearm."


There is absolutely no way in hell this idiotic law passes.

The numb nut that introduced the bill should get his ass kicked for even being stupid enough to concoct this load of steamy, corn riddled shit.
Please tell me there will be no photo that matches the description.......
It is what it is.

jc2721

Clyde Arakawa

Funtimes

My thoughts I posted:

Ok, so I thought Espero was stupid before, now I think my thoughts are confirmed. This is what happens when people don't understand law enforcement, don't understand carrying a gun. And don't understand the effects of and levels of influence of intoxicating substances.

I have dealt with Will Espero before; Sir, you really do not understand law enforcement and the needs of the public. Just because you have a drink, doesn't mean you are incapable of responding to a threat in an appropriate manner. Making essentially a "zero tolerance" law is knee-jerk reaction to a hyped up media masterpiece.

Who is going to enforce this? How are you going to protect officers, prosecutors, judges, and other members who carry regularly? (And yeah, they get permits to CCW).

Who will respond to help them?

Who will enforce the law?

http://www.hawaiinewsnow.com/story/23284216/bill-would-target-officers-who-drink-and-carry-weapons
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DoubleTap_jayguns808

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But hey, that would suck being shot by a drunk cop.

Hopefully if the bill pass, we get to carry open or concealed weapons to protect them! :thumbsup:

I must be dreaming.

aieahound

This is just Classic Wil Espero.

The numb nut that introduced the bill should get his ass kicked for even being stupid enough to concoct this load of steamy, corn riddled shit.

Now there's a classic 2A quote.

kevlar

I wonder if this idiot wears those stupid flat caps in an attempt to keep his 'brain' warm?

Bota-CS1

I wonder if this idiot wears those stupid flat caps in an attempt to keep his 'brain' warm?

If that were the case "Mr. 5 seconds of fame"  only needs 1/2 a hat  :rofl:
No one is coming, it’s up to us.

Legislation should never be about depriving law abiding citizens of something, but rather taking those things away from criminals.

Darmok and Jalad @Tanagra

I wonder if this idiot wears those stupid flat caps in an attempt to keep his 'brain' warm?

No, but it might explain why he needs a car with seat warmers!!   :rofl:        :rofl:         :rofl:
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

SpeedTek

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What diffeerence would this law really make anyway?

How many officers shot someone while drunk
Political Correctness is FOS
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BUD

What diffeerence would this law really make anyway?

How many officers shot someone while drunk
Apparently it just takes one. 
It is what it is.