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  • DCortez

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    Jan 28, 2009
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    Alrighty, from what I understand from my CHL class, there is zero tolerance with a drop of alcohol and carrying.

    However, does this mean if I have a CHL, but not carrying on my person, that I cannot go to the range and stop off to have dinner and/or a beer on my way home? I have all trucks and do not have a trunk, so my guns are usually in a console, in a bag in either the front or back seat, and rarely in the bed (I have campers and tonneau cover) or tossed in the back of my cargo van.
    Military Camp
     

    MadMo44Mag

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    Jan 23, 2009
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    My understanding from my class is that the word "CARRY" is the operative word. If you are not carrying on your person then you are transporting.
    I'll go back and re-read the law because now you have me wondering.
     

    DCortez

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    I'd hate to have a shoot meet and then encourage people to stop for a beer. Granted I'd be in the prison cafeteria selling smokes while the prisoners were all loving on you guys. But still...
     

    Acetone

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    Aug 24, 2009
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    According to the DPS Pamphlet "Texas Concealed Handgun Laws and Selected Statutes," page 76: [URL]http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf[/URL]

    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.

    This is confirmed by PC 46.035.d. "Unlawful Carrying of a Handgun by a License Holder."

    IANAL, but my take has always been if you can legally drive, you can legally carry.
     

    ConnRadd

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    Aug 10, 2009
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    Scenario
    If you had a gun safe in your vehicle and your weapon is locked up. You decided to swing by somewhere and have a few beers, on the way home you happen to get pulled over..

    Now what?

    1. When the officer comes up and knows you have a CHL, do you inform him that you have a weapon locked up; risking your CHL and getting a DUI?

    or

    2. Keep your mouth shut about the weapon being locked up. Then pray that the officer don't do a sobriety test, as well, search your vehicle. If the officer does search and finds the safe. He's not allow to open it, but could he get a warrant to open it???


    We all know the simple answer. Leave the gun at home or don't drink...
     

    Acetone

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    Aug 24, 2009
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    Look up, I just posted the law. If you want the text of the law:

    PC 46.035.d. "Unlawful Carrying of a Handgun by a License Holder."
    "A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed."
     

    DCortez

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    just ensure all the firearms are unloaded and in the open that wouldnt be concealing it would be transporting.

    After leaving the range, everything is unloaded.


    I've had more beers this year than I've had in the past several combined. Generally, I'd only drink if I was out with a customer, eating menudo with the family, vacation, or at home on a firecracker holiday (4th or New Years).


    After finding TGT, I've gone out a couple time with fellow members and had a beer or two, I rarely have a 3rd, even at home. Suggesting a beer seemed harmless at the time.


    Had I not applied for a CHL, I wouldn't have given a range trip and a beer afterwards a second thought.
     

    DoubleActionCHL

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    Jun 23, 2008
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    Alrighty, from what I understand from my CHL class, there is zero tolerance with a drop of alcohol and carrying.

    Nope. Not correct.

    There's nothing in the law about 'zero tolerance' or '0.0% BAC'. Texas Penal Code used the definition 'impaired' to judge whether or not you're intoxicated while carrying on or about your person. This means it's ultimately up to the discretion of the officer.

    Your zero tolerance policy is a good rule of thumb, however. Because the concept of impaired is subjective (even though officers do have guidelines to make the determination), it is best to simply not drink while carrying your handgun.
     

    DoubleActionCHL

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    Jun 23, 2008
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    DirtyD mentioned this in another thread. I'm not clear what "about" your person means. Is unloaded, in a case, in the console, glove compartment, or backseat considered "about"?

    "About your person" means you have that readily dischargeable firearm within reach or access. Basically, it means you have a loaded gun in the passenger compartment of your car, in the saddlebag of your bike, or in your backpack or briefcase you're carrying, etc.
     

    navyguy

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    Oct 22, 2008
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    The statue says you can't be drunk, but it does not say what constitutes "drunk". I would assume it is the same as driving-- .08%, but since the statue doesn't specifically say that, it could be left up to the LEO. If you have your gun, and he smells any alcohol, you might be taking a ride.

    Now here is my question. Both my wife and I have CHL's. If we are out and she abstains, and I have a few, I'm been under the impression I can just give her control of my gun and be legal. She drives and puts the gun in her purse. Now I'm wondering if that is such a good idea, as I actually have some access to the gun as it is within my reach.

    What say you?
     

    DoubleActionCHL

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    Jun 23, 2008
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    The statue says you can't be drunk, but it does not say what constitutes "drunk". I would assume it is the same as driving-- .08%, but since the statue doesn't specifically say that, it could be left up to the LEO.

    I don't remember exactly where it's stated, but I recall that the definition of 'intoxicated' is derived from Texas Penal Code 49.01(2)(a):

    Texas Penal Code, § 49.01. DEFINITIONS.

    In this chapter:
    (2) "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;

    I'll see if I can dig up the reference to this section.

    Ok... Here's the deal. GC Section 411.171 defines (6) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.

    § 49.01(2)(a) requires the least tangible evidence to prosecute, so is therefore the minimum 'benchmark' for defining intoxication.
     

    GI-John

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    Apr 26, 2009
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    Houston/San Antonio TX
    The law

    Acetone posted the law. There is "No Legal Amount". Drinking will come back in court as the main argument even if the shooting was justified. It will turn into "what alcohol level impairs discretion".

    Class taught us that "carrying" was on OR about your person. If you are the CHL and you are the passenger(having had drinks) and your wife is holding your fire arm then you are still armed. The gun is still accessible to you(within your reach) Loaded or unloaded(as we all know.. Always treat it as if it is loaded).


    Under Penal Code Sub-section 46.035 UNLAWFUL CARRY OF A HANDGUN BY LICENSE HOLDER:

    (D) I license holder commits and offense if, while intoxicated. the license holder carries a handgun under the authority of of Subchapter H, Chapter 411, Government code



    The fact that you have a a CHL brands you as a carrier, the fact that you have a gun in the car(which means within your reach) may lead to unlawful carry right?
     

    GM.Chief

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    Mar 16, 2009
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    I don't think so though. I would have to think that if it's in your car, but not with in your reach (i/e in the trunk or the back seat) and/or locked up, you are okay. Non-chl holders can go out and have beers with their range bag in the car. The key seems to be whether or not it's on your reach. I would also imagine that if Navyguy's wife abstains and she is carrying, that he would still be ok, because while it's within his reach, it's in her control. I'm not quoting law here, because I don't know. Sounds like it's a good time to get that pre-paid legal and ask an attorney...LOL
     

    ConnRadd

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    Aug 10, 2009
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    Angleton, Tx
    I don't think so though. I would have to think that if it's in your car, but not with in your reach (i/e in the trunk or the back seat) and/or locked up, you are okay. Non-chl holders can go out and have beers with their range bag in the car. The key seems to be whether or not it's on your reach. I would also imagine that if Navyguy's wife abstains and she is carrying, that he would still be ok, because while it's within his reach, it's in her control. I'm not quoting law here, because I don't know. Sounds like it's a good time to get that pre-paid legal and ask an attorney...LOL

    I was going to do that, just waiting to free up some time here at the office to make the phone call...
     

    GI-John

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    Apr 26, 2009
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    Houston/San Antonio TX
    I don't think so though. I would have to think that if it's in your car, but not with in your reach (i/e in the trunk or the back seat) and/or locked up, you are okay. Non-chl holders can go out and have beers with their range bag in the car. The key seems to be whether or not it's on your reach. I would also imagine that if Navyguy's wife abstains and she is carrying, that he would still be ok, because while it's within his reach, it's in her control. I'm not quoting law here, because I don't know. Sounds like it's a good time to get that pre-paid legal and ask an attorney...LOL



    Cortez wants to know so can represent himself in court. After seeing that picture numerous times i think we should all get one.
     
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