drinking, chl, guns

Discussion in 'Texas Concealed Handgun (CHL)' started by DCortez, Aug 26, 2009.

  1. DCortez

    DCortez TGT Addict

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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.
     


  2. MadMo44Mag

    MadMo44Mag TGT Addict

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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.
     
  3. DCortez

    DCortez TGT Addict

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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...
     
  4. Acetone

    Acetone Active Member

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

    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.
     
  5. ConnRadd

    ConnRadd Active Member

    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...
     
  6. DCortez

    DCortez TGT Addict

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    That's good advice, however, what's the law?
     
  7. gladi8r

    gladi8r Active Member

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

    Acetone Active Member

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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."
     
  9. DCortez

    DCortez TGT Addict

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    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.
     
  10. DoubleActionCHL

    DoubleActionCHL Well-Known

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    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.
     

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