Rep. Curry Todd arrested on DUI, Gun Charges

[DAUC]

This won't help the situation...

http://www.msnbc.msn.com/id/44878611/ns/us_news-crime_and_courts/#.TpYBR3LkXFw

The sponsor of the law that made it legal to carry a gun into bars in Tennessee is facing charges of possession of a handgun while under the influence and drunken driving.

Rep. Curry Todd, a Collierville Republican, was pulled over in Nashville late Tuesday, according to court documents. Police said he failed a roadside sobriety test and refused to take a Breathalyzer test. A loaded .38-caliber gun was found in a holster stuffed between the driver's seat and center console.

 

[Speedlace]

Only 2 drinks...

 

[Yrdawg]

Just trying to find the camera.

Poooyi...this cats effed up

 

[LongGoneDays]

Drunk driving, people on the left "Oh well let us give him another chance."
Drunk driving, with a gun just happening to be in the vehicle, not being used, people on the left "BAN ALL GUNS OMGZ".


I don't see it as an issue for him having the gun. For the drunk driving, hang his ass.

 

[spanky]

So it's illegal to be in "possession" while drunk in TN?

 

[herohog]

Wrong is wrong, guilty is guilty.

Nail him to the wall!

 

[Speedlace]

So it's illegal to be in "possession" while drunk in TN?

Guess the representative didn't read the bill he sponsored or changes it would make.

39-17-1321. Possession of handgun while under influence -- Penalty.

(a) Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance.

(b) It is an offense for a person to possess a firearm if the person is both:

(1) Within the confines of an establishment open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-6-102(1), are served for consumption on the premises; and

(2) Consuming any alcoholic beverage listed in subdivision (b)(1).

(c) (1) A violation of this section is a Class A misdemeanor.

(2) In addition to the punishment authorized by subdivision (c)(1), if the violation is of subsection (a), occurs in an establishment described in subdivision (b)(1), and the person has a handgun permit issued pursuant to § 39-17-1351, such permit shall be suspended in accordance with § 39-17-1352 for a period of three (3) years.

 

[erazir]

regardless of what happened to him, is it illegal to have a handgun in a vehicle there (even the trunk) if someone in the vehicle is under the influence? I'm sure this posted somewhere else on the site, but how are the laws on this in La?

 

[Kraut]

Since the article says the gun was in a holster stuffed between the seats, how it that "carrying?" Anyone know enough about TN law to expand on whether that's allowed in TN? He was drunk, a gun was somewhere around, so it's the media's opportunity to create controversy and slander supporters of gun rights. Unfortunately, not new.

 

[Speedlace]

Since the article says the gun was in a holster stuffed between the seats, how it that "carrying?" Anyone know enough about TN law to expand on whether that's allowed in TN? He was drunk, a gun was somewhere around, so it's the media's opportunity to create controversy and slander supporters of gun rights. Unfortunately, not new.

It's the way the laws are written.

In TN, you can not posses or carry a loaded handgun or long-gun that's in your car unless you have a CHP. The firearm also has to be un-concealed.

Todd's handgun was loaded and the officer said the handgun was in his "possession".
From the description, the handgun could be construed as being hidden between the seats. No where in the affidavit did it say that Todd told them about the handgun.

"In addition, it was learned that this subject was in possession of a loaded S&W 38 Special (Ser #XXXXX) that was discovered in a holster, stuffed in between the driver seat and the center console. The subject was obviously very impaired and not in any condition to be carrying a loaded handgun."
http://www.tennessean.com/assets/pdf/DN1804721012.PDF

39-17-1307 - Unlawful carrying or possession of a weapon.

(e) It is an exception to the application of this section that a person authorized to carry a handgun pursuant to § 39-17-1351 is transporting a rifle or shotgun in or on a privately-owned motor vehicle and the rifle or shotgun does not have ammunition in the chamber. However, the person does not violate this section by inserting ammunition into the chamber if the ammunition is inserted for purposes of justifiable self-defense pursuant to § 39-11-611 or § 39-11-612.

39-17-1308. Defenses to unlawful possession or carrying of a weapon.

(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:

(1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;

(2) By a person authorized to possess or carry a firearm pursuant to § 39-17-1315 or § 39-17-1351;

Sauce:
http://law.justia.com/codes/tennessee/2010/title-39/chapter-17/part-13/39-17-1307/
http://law.justia.com/codes/tennessee/2010/title-39/chapter-17/part-13/39-17-1308/

 

[leVieux]

Wrong is wrong, guilty is guilty.

Nail him to the wall!

Just hang him high; no trial or anything; right, Hog ?

 

[madmax4x4]

Meh. Shouldn't be drinking and driving. If I have cash for a cab I'm sure he can pay for one also.

 

[herohog]

Just hang him high; no trial or anything; right, Hog ?

I never said that. Have the trial and when he is found guilty, make him pay the price for being a drunk idiot.

 

[TomTerrific]

Whatcha wanna bet this drunk tried to pull rank, was obnoxious, and the cops threw the book at him?

 

[Yrdawg]

Whatcha wanna bet this drunk tried to pull rank, was obnoxious, and the cops threw the book at him?

That would explain the forget re-election picture and all the publicity...,maybe even the ticket.

 

[Sin-ster]

Whatcha wanna bet this drunk tried to pull rank, was obnoxious, and the cops threw the book at him?

My thoughts exactly. Seems like a pretty common deal. As if being a drunken 'tard behind the wheel isn't bad enough, let's pull double douche duty and see if that helps the situation.