CHL Bogusness.

[DRod]

Like alot of people, I went into the CHL course with pretty much an empty cup. I had heard many different "you can do this"s and even more, "you can't do that"s. But I never too anyones word if they didnt have a CHL, and that was next to none of them. Well, moving up to a November of last year, I finally got the time and money to get my butt in the class. My knowledge on the CHL laws have GREATLY grown, but I still hear some goofs from people. This all leads me up to this past week.
I was at my brothers house for New Years, down in San Antonio and he layed a good one on me. He asked me when we left to go to the movies if I had my Glock. I told him "We're ging to a theater after dark over on 410, hell yes, I have it on me" He lays this down, "I was told by our CHL instructor that you cant take a hand gun in anywhere that charges admission."
I asked,"He told you, anywhere?"
He said yep, The CHL intructor is telling his students they cannot carry a gun in anywhere that charges admission.

O.O

Never heard that one before. lol.
I threw my law book at him and told him to find that "law" and Ill give him my gun.

He couldnt.

So, whats the strangest "law" youlve heard?

 

[navyguy]

Very odd. Probably something was lost in the information exchange instructor to student. My guess the instructor was generalizing when saying "charges admission" as in foot ball game, race track etc,

 

[TexasRedneck]

Sounds more to me like your brother misheard the information, and accepted it without further research. I'd love to know the name of the instructor - pm it to me....

 

[Al Swearengen®]

The Alamo perhaps? But they take donations. When I saw the no gun sign at the Alamo and you can drop it off at the security guard station there, I had to put my Glock back in my car.

 

[txinvestigator]

Very odd. Probably something was lost in the information exchange instructor to student. My guess the instructor was generalizing when saying "charges admission" as in foot ball game, race track etc,

It is still inaccurate.

 

[txinvestigator]

The Alamo perhaps? But they take donations. When I saw the no gun sign at the Alamo and you can drop it off at the security guard station there, I had to put my Glock back in my car.

Was it a 30.06 sign or a no gun sign?

 

[txinvestigator]

Sounds more to me like your brother misheard the information, and accepted it without further research. I'd love to know the name of the instructor - pm it to me....

I believe an instructor said it. I helped out a guy who is a CHL instructor by running his range qual for him once. He has a bum leg and has difficulty doing it. I actually heard him tell student that 30.06 did not apply unless you were given VERBAL notice. He also told them that it is illegal to consume any amount of alcohol and carry.

I asked him about that at a break, and he just argued with me. I never assisted him again.

 

[Hoji]

I believe an instructor said it. I helped out a guy who is a CHL instructor by running his range qual for him once. He has a bum leg and has difficulty doing it. I actually heard him tell student that 30.06 did not apply unless you were given VERBAL notice. He also told them that it is illegal to consume any amount of alcohol and carry.

I asked him about that at a break, and he just argued with me. I never assisted him again.

On the alcohol info I would agree that the law says intoxicated but there is no definition for intoxicated other than driving while intoxicated. Public intoxication is entirely up to the officer's discretion. I spent the night in jail in Austin about 16 years ago for PI on a night I had absolutely nothing to drink. I failed the attitude test. Charges were dismissed, but it was still a PITA.

 

[txinvestigator]

On the alcohol info I would agree that the law says intoxicated but there is no definition for intoxicated other than driving while intoxicated. Public intoxication is entirely up to the officer's discretion. I spent the night in jail in Austin about 16 years ago for PI on a night I had absolutely nothing to drink. I failed the attitude test. Charges were dismissed, but it was still a PITA.

The definition of intoxicated is clearly in the penal code. If you are not intoxicated, then no valid arrest can be made. And don't give me the whole, "you may beat the rap, but you won't beat the ride BS. If someone is afraid of doing something legal because some cop might arrest then for it anyway then I suggest staying t home.

 

[Hoji]

The definition of intoxicated is clearly in the penal code. If you are not intoxicated, then no valid arrest can be made. And don't give me the whole, "you may beat the rap, but you won't beat the ride BS. If someone is afraid of doing something legal because some cop might arrest then for it anyway then I suggest staying t home.

Please post a link to what amount of detectable alcohol is needed for a Public Intoxication arrest. As I stated I did spend the night in jail and was not afforded the opportunity to give a blood, breath , or urine sample to prove I was not intoxicated.

 

[Hoji]

Nevermind I found it

Sec. 49.01. DEFINITIONS. In this chapter:
(1) "Alcohol concentration" means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
(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; or
(B) having an alcohol concentration of 0.08 or more.
(3) "Motor vehicle" has the meaning assigned by Section 32.34(a).
(4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.
(5) "Amusement ride" has the meaning assigned by Section 2151.002, Occupations Code.
(6) "Mobile amusement ride" has the meaning assigned by Section 2151.002, Occupations Code.


Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1999, 76th Leg., ch. 234, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1364, Sec. 8, eff. Jan. 1, 2000; Acts 2001, 77th Leg., ch. 1420, Sec. 14.707, eff. Sept. 1, 2001.


So you see, for PI it is entirely up to the arresting officer's discretion whether or not you are intoxicated. My question to you is "Why take the chance on an enhanced penalty?"

 

[txinvestigator]

Please post a link to what amount of detectable alcohol is needed for a Public Intoxication arrest. As I stated I did spend the night in jail and was not afforded the opportunity to give a blood, breath , or urine sample to prove I was not intoxicated.

There is no requirement to take a breath/blood/urine sample for them to arrest, charge or even convict you for PI. The LAW requires that LEOs take a sample of your breath or blood under the DWI laws. That rquirement does not exists for PI.

There are two definitions for Intoxicated. One is the old .08% BAC, the other is; "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."

There are 4 elements to PI;

1) A person
2) Appears in a public place
3) while intoxicated
4) to the degree he is a danger to himself or others.

an officer must articulate each of those to have probable cause to arrest you.

Google Texas Penal Code chapter 49.

So, what did you do to gather the attention of the police, then piss him off so bad he arrested you?

 

[txinvestigator]

Nevermind I found it



So you see, for PI it is entirely up to the arresting officer's discretion whether or not you are intoxicated. My question to you is "Why take the chance on an enhanced penalty?"

No, he has to articulate that you have consumed alcohol. He does that observing your walk, speech, mannerisms, breath, eyes, etc. He ALSO has to articulate that you were a danger to yourself or others.


Again, if I have a beer with my steak I am not intoxicated, and I don't go around scared of the police. I am not afraid of doing something that is not illegal,

 

[Hoji]

There is no requirement to take a breath/blood/urine sample for them to arrest, charge or even convict you for PI. The LAW requires that LEOs take a sample of your breath or blood under the DWI laws. That rquirement does not exists for PI.

There are two definitions for Intoxicated. One is the old .08% BAC, the other is; "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."

There are 4 elements to PI;

1) A person
2) Appears in a public place
3) while intoxicated
4) to the degree he is a danger to himself or others.

an officer must articulate each of those to have probable cause to arrest you.

Google Texas Penal Code chapter 49.

So, what did you do to gather the attention of the police, then piss him off so bad he arrested you?

Walking around Austin with a 20 inch tall green mohawk got his attention, him asking if my mother knew I walked around in public looking like I did pissed me off and my response to the question got me arrested for PI. { My response was " would you like to see the pictures your wife and mother took of the fin between their legs?}

 

[TexasRedneck]

{ My response was " would you like to see the pictures your wife and mother took of the fin between their legs?}

uyup....that'll generally rate you a ride with ANY squad car - an' frankly, ya had it comin'.

 

[Hoji]

uyup....that'll generally rate you a ride with ANY squad car - an' frankly, ya had it comin'.

And I suppose you would have stood around and let some goon talk about your mother???? I already stated I failed the attitude test, my original response to TXI was that you can go to jail for PI on nothing more than the officers bad day as there is no set defination for PI and why drink a beer or two and carry. I have no problem with leaving my gun at home if I am going to have a beer, I just choose not to drink when carrying ever.

 

[APatriot]

Was it a 30.06 sign or a no gun sign?

Last time I was at the ALAMO, it was only a NO Gun Sign. Obviously, such does not apply.

Of course, it may have changed. I was there last year. I was hoping to see a response to your question from the original poster.

 

[R_Comstock]

Last time I was at the ALAMO, it was only a NO Gun Sign. Obviously, such does not apply.

Of course, it may have changed. I was there last year. I was hoping to see a response to your question from the original poster.

Where was this sign? I was there in October last year and I didn't notice one.

 

[Renegade]

Last time I was at the ALAMO, it was only a NO Gun Sign. Obviously, such does not apply.

Of course, it may have changed. I was there last year. I was hoping to see a response to your question from the original poster.

Looks like it is govt property:

Who Owns The Alamo?

The Alamo is owned by the State of Texas and operated by the Daughters of the Republic of Texas. Although many believe that Alamo is only the church, or Shrine, it is actually a 4.162 acre complex composed of original structures dating back to the mission period, a gift museum, a library, meeting hall, support facilities, and gardens.


Untitled Document

 

[DoubleActionCHL]

Walking around Austin with a 20 inch tall green mohawk got his attention, him asking if my mother knew I walked around in public looking like I did pissed me off and my response to the question got me arrested for PI. { My response was " would you like to see the pictures your wife and mother took of the fin between their legs?}

Calling what you did "failing the attitude test" is like calling a tornado a slight breeze!