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Texas CHL Specific Laws

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  • TexasT

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    May 20, 2009
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    sig_fiend on reciprosity map

    just curious, not that Ill go there, but would like to, How do we get from here to Alaska with our gun leaglly.
     

    Texan2

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    The statute does not specify a limit. The statute reads, in part:

    "...commits an offense if, while intoxicated, {emphasis added} the license holder carries a handgun under the authority of . . ."

    AND

    The legal definition of intoxication in Texas is:

    • Having an alcohol concentration of 0.08 or more
    • Not having the normal use of physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substances into the body.
    • Not having the normal use of mental faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substances into the body
    The State only needs to prove one of the three ways beyond a reasonable doubt in order to obtain a conviction.



    Joat

    .08 is only intoxicated when addressing the driving while intoxicted statute.
     

    txinvestigator

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    .08 is only intoxicated when addressing the driving while intoxicted statute.


    Well, if a person were charged with UCW by a license holder/intoxication AND somehow were offered a breath test and took it, a .08% would meet the presumed level of intoxication.

    As you were alluding, that ain't gonna happen.
     

    rellik

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    Texas DPS teaching is that while carrying a handgun there is "no legal limit of intoxication" they apply they same standard as they would for PI which only states that " any detectable amount of alcohol" is the standard of intoxication, this means if the officer detects alcohol on your breath while you are carrying a handgun with a CHL you are in violation of PC 46.035
     

    txinvestigator

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    Texas DPS teaching is that while carrying a handgun there is "no legal limit of intoxication"
    True
    they apply they same standard as they would for PI which only states that " any detectable amount of alcohol" is the standard of intoxication, this means if the officer detects alcohol on your breath while you are carrying a handgun with a CHL you are in violation of PC 46.035

    None of that is true AT ALL.


    Good Grief;

    There is NOT a "legal limit of intoxication" for ANYTHING in Texas, not even DWI.

    There are two definitions of intoxication in Texas;

    "Intoxicated" means:
    (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
    (B) having an alcohol concentration of 0.08 or more

    "Having any detectable amount of alcohol" is not ANY standard or definition of intoxication.


    .08% is not a "limit" It is a presumed level of intoxication. It means that if a crime has intoxication as an element, having a BAC of .08% is intoxicated. It does not mean that below that level a person is not intoxicated.

    For a DWI a person can be convicted at a BAC below .08%. In fact, I obtained such a conviction when I was an officer. A DWI conviction can be had with no BAC (such as when a person refuses to give a sample) or they did not consume alcohol, but some other substance.

    For Public Intoxication, the person will not be given a breath or blood test. The officer will still have to use the first definition (A). Additionally, Public Intoxication requires that the officer be able to show that the person was "a danger to himself or others" because of the intoxication.

    For a violation of 46.035, intoxication, an officer must have Probable Cause to believe you are intoxicated, and must be able to articulate that. Simply that "the officer detects alcohol on your breath " is insufficient for an arrest in and of itself.

    It is not a violation to consume while carrying in Texas. Even the DPS FAQ tells you that;

    Q:
    Can I carry a handgun if I am drinking alcohol?

    A:


    "Carrying" while drinking is not prohibited, but it is a criminal

    offense to carry while intoxicated.
     

    JKTex

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    Mar 11, 2008
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    Your link does not work for me either....

    Because it's the same link. But I'm wondering, why not just go to the State site and pull it from there just so you're using the site.

    However, the link is clean so even going to the site itself likely won't matter. The file is on an ftp site. You need to check your browser settings and make sure it allows ftp or if you're on a corporate network, your network may block it. If you're ftp savvy, just use your ftp program, whatever that is, if you have one.

    Now, 5 pages later, I'll bold the first thing posted in this thread:

    It's not a thread for discussion, just for posting the facts and laws as they relate to CHL's in our state.
     

    40Arpent

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    Now, 5 pages later, I'll bold the first thing posted in this thread:

    It's not a thread for discussion, just for posting the facts and laws as they relate to CHL's in our state.

    The "first thing posted in this thread" doesn't seem to have deterred you in the least.
     

    cog41

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    May 21, 2009
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    Correct the officer may not "arrest" for intoxication, but if you're carrying a CDL and driving a commercial vehicle, the officer only needs a BT refusal or an amount of 0.04% to tag you and your rig out of service for 24 hrs. The CDL is suspended until hearing and the driver gets a temp for 41 days.TX trans.code 524.011(f)

    If one is a minor,which means when it comes to alcohol under the age of 21,"ANY detectable amount of alcohol in the minor's system." Thus the minor DUI, since DWI wouldn't apply.This is when an arrest would take place and or the officer issuing a citation to the minor(with promise to appear) and allowng someone else to drive. This doesn't have anything to do with CHL but it does add to the "intoxication" "alcohol" a tad bit.
     

    cog41

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    May 21, 2009
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    Correct the officer may not "arrest" for intoxication, but if you're carrying a CDL and driving a commercial vehicle, the officer only needs a BT refusal or an amount of 0.04% to tag you and your rig out of service for 24 hrs. The CDL is suspended until hearing and the driver gets a temp for 41 days.TX trans.code 524.011(f)

    If one is a minor,which means when it comes to alcohol under the age of 21,"ANY detectable amount of alcohol in the minor's system." Thus the minor DUI, since DWI wouldn't apply.This is when an arrest would take place and or the officer issuing a citation to the minor(with promise to appear) and allowng someone else to drive. This doesn't have anything to do with CHL but it does add to the "intoxication" "alcohol" a tad bit.

    Tx ABC 106.041 for the minor DUI
     

    rodbender

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    Jul 25, 2008
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    Elgin, Texas
    Riddle me this Batman (or anybody else). My brother is currently incarcerated. When I go to visit him, they always tell me that I can't bring my pistol into the parking lot and leave it in my pickup. Under CHL laws it plainly states that I can't carry it on the premises of a penal institution, but then says that premises does not include parking lots, just buildings. What's up with not allowing me not to leave it in my pickup and should they be allowed to do this?
     

    rayj8524

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    Dec 21, 2008
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    Wichita Falls
    Here in north texas, the prison checks your vehicle for weapons before you even get into a parking lot. There is also a huge sign on the drive some 200 feet before the check point. After searched and signed in, I drive a couple hundred yards to a parking lot, then walk about 200 hundred feet to a gate where you are personally searched and patted down. From my house to the prison, it is about a 25 minute drive on the opposite side of town from where i live.

    I know what the chl laws say, but I feel that if I tried to stand up for my rights in this case, I could lose my permission to visit and be removed from the visitors list. Which my friend, who is in high security, of administrative segregation, would be the one who suffers from this. So I'll play by the rules.

    Let me ask this here. my friend gets out in 36 months and will be released at Huntsville (as are all inmates). He is in for 2 counts of aggrated robbery for 15 years. I will be the one to go pick him up at that time. Could there be problems for him if I carried to pick him up? What are the laws about convicted felons in the presence of firearms? I will add that at that time, he would have served all of his 15 years.

    Your help will be appreciated.
     
    Every Day Man
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