drinking, chl, guns

[DCortez]

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

Don't be hatin' ... be appreciatin'

 

[GI-John]

Not to get off topic but I needed clarification on displaying the Handgun for the officer. We were forwarned about 1%'ers and how they could possibly react but if they claim they are just trying to make sure you are carrying the valid carry handgun... What then? Here comes another youtube title: Cops taser CHL holder.

 

[DCortez]

Here comes another youtube title: Cops taser CHL holder. CHL holder says "thank you sir, may I have another?"

Fixed

 

[APatriot]

As I am sure most would agree, common sense here applies. I go to Texas Road House every Friday night and have a beer. I am "packing". At my age, 1 beer is not going to impair my judgement, and God forbid, if I had to use my weapon, my alcohol intake would not register on a breathalyzer or in my blood.

 

[navyguy]

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

That's the premise I've been going on. Not that I get curb-crawling drunk, but maybe more than makes me 100% comfortable driving or carrying. Just like say for example, my wife, while carrying, drives my son-in-law home because he's had one too many at our house (all the time ) He doesn't have a CHL, but he is drunk and in the front seat. I'm thinking that would be okay, and if it is, it should also work for a CHL passenger that's had a few.

 

[MadMo44Mag]

This one of those situations where its up to the LEO.
In the 1st place if you drank enough to get yourself pulled over and were carrying, well you screwed the pooch and no one but yourself to blame.
So common sense is the guide IMO.
If you're going to have more than 1 drink, don't carry or have a gun on or about your person.
Any time a human is left with a judgment call (LEO) its that humans judgment or lack there of that makes the call so common sense tells me don't drink and carry.
Who knows that LEO may be the geeky kid you use to lock in his locker in school.

 

[Hoji]

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]http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf[/URL][/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.

Considering one, yes one beer will put you over the legal limit, why risk it.
What is to be gained by doing it? Is there any chance something good can come out of drinking and carrying?

 

[Hoji]

As I am sure most would agree, common sense here applies. I go to Texas Road House every Friday night and have a beer. I am "packing". At my age, 1 beer is not going to impair my judgement, and God forbid, if I had to use my weapon, my alcohol intake would not register on a breathalyzer or in my blood.

Wanna bet?

 

[Acetone]

Considering one, yes one beer will put you over the legal limit, why risk it.

Could you please provide a reference for this?

 

[Hoji]

Could you please provide a reference for this?

Had a beer at friend's house right after the law got changed to .08. The friend is LEO. He is the one who told me that the new "get tough on DWI" limits were all about revenue.

He gave me the opportunity to blow into a freshly calibrated field breath tester. After ONE 12 ounce beer, I blew a .09. Twenty minutes later .08. 45 minutes later .07, and an hour later .04.

So depending on when you get pulled over after having just one beer, and how cooperative you are willing to be, you may just give them the rope they hang you with.

 

[Acetone]

That must have been some strong beer or you must weigh 60 lbs. I don't doubt your experience, it is just not what I am used to seeing.

 

[juwaba98]

Had a beer at friend's house right after the law got changed to .08. The friend is LEO. He is the one who told me that the new "get tough on DWI" limits were all about revenue.

He gave me the opportunity to blow into a freshly calibrated field breath tester. After ONE 12 ounce beer, I blew a .09. Twenty minutes later .08. 45 minutes later .07, and an hour later .04.

So depending on when you get pulled over after having just one beer, and how cooperative you are willing to be, you may just give them the rope they hang you with.

This is not an absolute. I was pulled over one night about 20 minutes after leaving a local establishment where I had consumed 5 pints of beer. I blew a .04, was given a written warning for my speed and was told to be careful. I have no idea of the calibration history of the field unit used, but I somehow doubt TX DPS is not up to standards with their equipment.

 

[GM.Chief]

When it comes right down to it, it is your rear end on the line, not mine, so you have to make the decision you feel is best. And from there, the LEO will make the decision he feels is best and so on and so forth. My view is, if you have a drink, put the gun in a safe/lockbox and leave it there.

 

[Hoji]

That must have been some strong beer or you must weigh 60 lbs. I don't doubt your experience, it is just not what I am used to seeing.

Charts are BS. The beer was a weak ass American product{ now owned by Belgium} and if you add 200lbs to the 60 on a 6'4" frame you got me.

I am not sure how much of it would register in a blood test, but the breath tests are horrible. If you gargle with scope you will come up to 4 times the legal limit on the scope alone. Same with Listerine. the old Binaca Blast breath spray will put you at up to 8 times the limit.

 

[Hoji]

This is not an absolute. I was pulled over one night about 20 minutes after leaving a local establishment where I had consumed 5 pints of beer. I blew a .04, was given a written warning for my speed and was told to be careful. I have no idea of the calibration history of the field unit used, but I somehow doubt TX DPS is not up to standards with their equipment.

You, in all likleyhood either got a rookie who was not very good on the machine, or a defective machine. And out there in N.Zulch{ Right down the road from Flynn} all of the DPS I have seen seem to be fresh out of highschool.

Odd that you were released blowing .04. In Travis and all surrounding counties if you blow ANYTHING you are arrested for DWI, or DUI and it is up to youir attorney to get it dismissed. The reason being if you keep on drinking, or if your BAC is not at its peak and they let you go, and you kill someone with your car, the department would open itself up to severe civil suits.

 

[juwaba98]

Was in Madison County, and he was not a rookie.

 

[Texas1911]

I am not sure how much of it would register in a blood test, but the breath tests are horrible. If you gargle with scope you will come up to 4 times the legal limit on the scope alone. Same with Listerine. the old Binaca Blast breath spray will put you at up to 8 times the limit.

When I was in Germany, some of the beer halls have breathalizers. We all took our turn and we all were blitzed and well over the limit, both American and German, LOL. For fun my friend decided to take a big gulp of lager and try it again. He blew something like a 2.6 ... LOL.

I think the breathalizer test is faulty, and I probably would deny it in lieu of a field sobriety test.

 

[Hoji]

Was in Madison County, and he was not a rookie.

Oh I am very familiar w/N. Zulch. I hunt at my Brother's in Law place right up the road in Flynn. All the DPS I see out there seem to be very young.

You got lucky and got a defective machine, or your BAC for some reason was slow to rise to the level it should have been. I would bet on defective machinery before betting I was a mutant member of the X-men

 

[Okierifleman]

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.

Menudo?

 

[juwaba98]

Menudo?

Just remember, you asked for it. Scroll down for an example of Menudo:
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MENUDO!!