Looks like HPD bungled the investigation pretty good...never secured the crime scene, let witnesses leave without questioning, and never performed a field sobriety test or blood alcohol test. Three points...Deedy was authorized to carry a concealed firearm IAW U.S. Department of State Deadly Force and Firearms Policy and H.R. 218. However, he cannot carry a concealed firearm while under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
Authorization to carry a concealed firearm:
1) U.S. Department of State Deadly Force and Firearms Policy (relevant section):
A. A DSS special agent stationed in the United States, who is not otherwise in any way legally disqualified from carrying a firearm, is authorized to carry approved firearms on and off duty.
2) H.R. 218 allows “qualified” LEOs to carry a concealed firearm in any jurisdiction in the United States, regardless of state or local laws, with certain exceptions. Codified at 18 U.S.C. Sections 926B.
The question becomes can he carry and consume alcohol off duty? The answer is yes. An off duty LEO can moderately consume alcohol while conceal carrying, meaning not under the influence, unless agency policy prohibits it, which is not the case with Deedy.
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.
That is why moderate consumption is authorized in most departments/agencies. When you read some of the cases, it’s obvious why the majority of agencies and police departments allow moderate consumption while off duty and 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.
18 USC § 926B - Carrying of concealed firearms by qualified law enforcement officers
(c) As used in this section, the term “qualified law enforcement officer” means an employee of a governmental agency who—
(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
(6) is not prohibited by Federal law from receiving a firearm.
Under the influence at a minimal is legally impaired, which must be measured by a blood alcohol test. That is why without a blood alcohol test, who is to definitively conclude Deedy was in fact legally under the influence. That is why I believe they will not be able to prove Deedy was legal under the influence, therefore the case will hinge on whether the use of deadly forced was justified as a private citizen claiming self-defense, since he was not acting in a law enforcement capacity at the time of the incident.