APOD Firearms

Texas CHL Specific Laws

The #1 community for Gun Owners in Texas

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • rodbender

    Active Member
    Rating - 0%
    0   0   0
    Jul 25, 2008
    343
    1
    Elgin, Texas
    He is not allowed to possess firearms until 5 years after release from incarceration or public supervision, i.e. parole or probation, which ever is later. After that 5 year period, he will only be allowed possession in his home. He still can't purchase one. As long as you don't allow him to handle or be in control of a firearm (loaded or unloaded) you and he will be OK. If you do, then you could be in trouble as well. You can't allow him access.
    Texas SOT
     

    APatriot

    Active Member
    BANNED!!!
    Rating - 0%
    0   0   0
    Aug 19, 2009
    779
    21
    Houston, Tx
    Friends,

    What are the SB and HB bills dealing with weapons in parking lots of businesses and carrying weapons on premises of higher education? I know what the substance are in these bills I just can't remember the numbers for my legislative search.

    Never mind friends, I reviewed old posts and found them. I should have thought about that before. I am learning you folks on TGT are up to speed.

    Thanks.
     

    reeseman67

    New Member
    Rating - 0%
    0   0   0
    Nov 20, 2010
    1
    1
    DFW,Texas
    Yes, I recently received my Utah CHL, although I am a Tx resident (Its cheaper, lasts longer and accepted at all the states I would be concerned with, 5 hr class vs 10 hr class, although its a little disconcerting that there is NO firearm quals, not a problem for me but hope the rest of my class is festidious in practice as I try!) and the Utah instructor said the exact same thing, and I was out tonight and my friends were drinking and I didnt have a drop, both because what I was told and if a situation 'goes down' I want all my faculties online ASAP!! But I am interested in the precise legality of this??
     

    txinvestigator

    TGT Addict
    Rating - 0%
    0   0   0
    May 28, 2008
    14,204
    96
    Ft Worth, TX
    , and I was out tonight and my friends were drinking and I didnt have a drop, both because what I was told and if a situation 'goes down' I want all my faculties online ASAP!! But I am interested in the precise legality of this??

    Precise legality of what?

    Had you taken a Texas CHL class you would already know the answer.

    But if you will clarify your question we will try to help you.
     

    rodbender

    Active Member
    Rating - 0%
    0   0   0
    Jul 25, 2008
    343
    1
    Elgin, Texas
    The last legislative session in Texas there was a bill that would require a Texas CHL for Texas residents. A non-resident license from another state was not good in Texas if you are a resident of Texas. Did this bill get passed? I can't find it anywhere.
     

    rodbender

    Active Member
    Rating - 0%
    0   0   0
    Jul 25, 2008
    343
    1
    Elgin, Texas
    Re: Beer and concealed guns

    What I'm wondering is, my CHL instructor told me that the legal alcohol limit for concealed carry is 0.0. However, I can't find that anywhere in the CH laws. Therefore, does that mean when I'm carrying, that the normal alcohol limit applies to me as well? I don't carry my weapon while I'm intoxicated, but often I've had a beer or two after work, or after going out for dinner, and I wonder ... I just wonder.

    GOVERNMENT CODEÂ*Â*CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

    Sec 411.171(6)

    (6) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.

    http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm#49.01

    Sec. 49.01

    CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
    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.
     
    Rating - 100%
    9   0   0
    Aug 17, 2010
    7,576
    96
    Austin
    Re: Beer and concealed guns

    GOVERNMENT CODEÂ*Â*CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

    Sec 411.171(6)

    (6) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.

    PENAL CODE  CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES

    Sec. 49.01

    CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
    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.

    That definition applies to GC 411.171, not PC 46.035
     

    rodbender

    Active Member
    Rating - 0%
    0   0   0
    Jul 25, 2008
    343
    1
    Elgin, Texas
    Re: Beer and concealed guns

    That definition applies to GC 411.171, not PC 46.035

    GC 411.171 is part of and printed in the 2011 edition of the "Texas Concealed Handgun Laws" (the most current version).

    GC411.171 is the section that defines certain terms used in Chapter 411, Subchapter H of the Government Code. You should know that Chapter 411, Subchapter H of the Government Code is the concealed handgun part of Texas law.

    Pay close attention to item #6, I've highlighted it for you so it will be easy for you to find.

    SUBCHAPTER H. LICENSE TO CARRY A CONCEALED HANDGUN
    Sec.411.171. DEFINITIONS. In this subchapter:
    (1)"Action" means single action, revolver, or
    semi-automatic action.
    (2)"Chemically dependent person" means a person who
    frequently or repeatedly becomes intoxicated by excessive
    indulgence in alcohol or uses controlled substances or dangerous
    drugs so as to acquire a fixed habit and an involuntary tendency to
    become intoxicated or use those substances as often as the
    opportunity is presented.
    (3)"Concealed handgun" means a handgun, the presence
    of which is not openly discernible to the ordinary observation of a
    reasonable person.
    (4)"Convicted" means an adjudication of guilt or,
    except as provided in Section 411.1711, an order of deferred
    adjudication entered against a person by a court of competent
    jurisdiction whether or not the imposition of the sentence is
    subsequently probated and the person is discharged from community
    supervision.AAThe term does not include an adjudication of guilt or
    an order of deferred adjudication that has been subsequently:
    (A)expunged;
    (B)pardoned under the authority of a state or
    federal official; or
    (C)otherwise vacated, set aside, annulled,
    191
    invalidated, voided, or sealed under any state or federal law.
    (4-a)"Federal judge" means:
    (A)a judge of a United States court of appeals;
    (B)a judge of a United States district court;
    (C)a judge of a United States bankruptcy court;
    or
    (D)a magistrate judge of a United States
    district court.
    (4-b)"State judge" means:
    (A)the judge of an appellate court, a district
    court, or a county court at law of this state;
    (B)an associate judge appointed under Chapter
    201, Family Code; or
    (C)a justice of the peace.
    (5)"Handgun" has the meaning assigned by Section
    46.01, Penal Code.
    (6)"Intoxicated" has the meaning assigned by Section
    49.01, Penal Code
    .
     

    txinvestigator

    TGT Addict
    Rating - 0%
    0   0   0
    May 28, 2008
    14,204
    96
    Ft Worth, TX
    Re: Beer and concealed guns

    GC 411.171 is part of and printed in the 2011 edition of the "Texas Concealed Handgun Laws" (the most current version).

    GC411.171 is the section that defines certain terms used in Chapter 411, Subchapter H of the Government Code. You should know that Chapter 411, Subchapter H of the Government Code is the concealed handgun part of Texas law.

    Pay close attention to item #6, I've highlighted it for you so it will be easy for you to find.

    SUBCHAPTER H. LICENSE TO CARRY A CONCEALED HANDGUN
    Sec.411.171. DEFINITIONS. In this subchapter:
    (1)"Action" means single action, revolver, or
    semi-automatic action.
    (2)"Chemically dependent person" means a person who
    frequently or repeatedly becomes intoxicated by excessive
    indulgence in alcohol or uses controlled substances or dangerous
    drugs so as to acquire a fixed habit and an involuntary tendency to
    become intoxicated or use those substances as often as the
    opportunity is presented.
    (3)"Concealed handgun" means a handgun, the presence
    of which is not openly discernible to the ordinary observation of a
    reasonable person.
    (4)"Convicted" means an adjudication of guilt or,
    except as provided in Section 411.1711, an order of deferred
    adjudication entered against a person by a court of competent
    jurisdiction whether or not the imposition of the sentence is
    subsequently probated and the person is discharged from community
    supervision.AAThe term does not include an adjudication of guilt or
    an order of deferred adjudication that has been subsequently:
    (A)expunged;
    (B)pardoned under the authority of a state or
    federal official; or
    (C)otherwise vacated, set aside, annulled,
    191
    invalidated, voided, or sealed under any state or federal law.
    (4-a)"Federal judge" means:
    (A)a judge of a United States court of appeals;
    (B)a judge of a United States district court;
    (C)a judge of a United States bankruptcy court;
    or
    (D)a magistrate judge of a United States
    district court.
    (4-b)"State judge" means:
    (A)the judge of an appellate court, a district
    court, or a county court at law of this state;
    (B)an associate judge appointed under Chapter
    201, Family Code; or
    (C)a justice of the peace.
    (5)"Handgun" has the meaning assigned by Section
    46.01, Penal Code.
    (6)"Intoxicated" has the meaning assigned by Section
    49.01, Penal Code
    .
    No where in that code does it make it unlawful to do anything while intoxicated. The offense of carrying while intoxicated is in the penal code section 46.035. Unless 46.035 refers specifically to the Government Code definition, the the Government Code definition does not apply to 46.035. It does not, and bithabus was correct.

    The Government is only PART of the CHL laws. The penal code contains CHL laws as well.

    Plesase do not be condencending. Especially when you are mistaken.
     

    txinvestigator

    TGT Addict
    Rating - 0%
    0   0   0
    May 28, 2008
    14,204
    96
    Ft Worth, TX
    Thanks, Now where can I take a Utah license course around Elgin, Bastrop, Giddings, Smithville or Taylor. I hate going to Austin for anything but will if I must..

    Nope. Utah will no longer issue non resident permits to residents of other states that issue CHLs unless the person also has a license in their home state.
     
    Rating - 100%
    9   0   0
    Aug 17, 2010
    7,576
    96
    Austin
    Re: Beer and concealed guns

    GC 411.171 is part of and printed in the 2011 edition of the "Texas Concealed Handgun Laws" (the most current version).

    GC411.171 is the section that defines certain terms used in Chapter 411, Subchapter H of the Government Code. You should know that Chapter 411, Subchapter H of the Government Code is the concealed handgun part of Texas law.

    Pay close attention to item #6, I've highlighted it for you so it will be easy for you to find.

    SUBCHAPTER H. LICENSE TO CARRY A CONCEALED HANDGUN
    Sec.411.171. DEFINITIONS. In this subchapter:
    (1)"Action" means single action, revolver, or
    semi-automatic action.
    (2)"Chemically dependent person" means a person who
    frequently or repeatedly becomes intoxicated by excessive
    indulgence in alcohol or uses controlled substances or dangerous
    drugs so as to acquire a fixed habit and an involuntary tendency to
    become intoxicated or use those substances as often as the
    opportunity is presented.
    (3)"Concealed handgun" means a handgun, the presence
    of which is not openly discernible to the ordinary observation of a
    reasonable person.
    (4)"Convicted" means an adjudication of guilt or,
    except as provided in Section 411.1711, an order of deferred
    adjudication entered against a person by a court of competent
    jurisdiction whether or not the imposition of the sentence is
    subsequently probated and the person is discharged from community
    supervision.AAThe term does not include an adjudication of guilt or
    an order of deferred adjudication that has been subsequently:
    (A)expunged;
    (B)pardoned under the authority of a state or
    federal official; or
    (C)otherwise vacated, set aside, annulled,
    191
    invalidated, voided, or sealed under any state or federal law.
    (4-a)"Federal judge" means:
    (A)a judge of a United States court of appeals;
    (B)a judge of a United States district court;
    (C)a judge of a United States bankruptcy court;
    or
    (D)a magistrate judge of a United States
    district court.
    (4-b)"State judge" means:
    (A)the judge of an appellate court, a district
    court, or a county court at law of this state;
    (B)an associate judge appointed under Chapter
    201, Family Code; or
    (C)a justice of the peace.
    (5)"Handgun" has the meaning assigned by Section
    46.01, Penal Code.
    (6)"Intoxicated" has the meaning assigned by Section
    49.01, Penal Code
    .

    As I said this definition applies to GC 411.171, not the penal code. Read what you post. It has nothing to do with carrying while intoxicated.
     

    dnlcon

    New Member
    Rating - 0%
    0   0   0
    Jan 5, 2013
    1
    1
    I have a DWI conviction over 12 years ago, can I legally buy a handgun? Can I get a CHL?
     

    Brains

    One of the idiots
    Rating - 100%
    3   0   0
    Apr 9, 2013
    6,905
    96
    Spring
    Looks like we have HB 153 about to come up for consideration, which will help nail down that definition of "intoxicated" as it relates to CHL.
    HB 153 - Texas 83rd Legislature (2013) - Open States

    The bill states adds a section to the definitions section of 46.01 to legally define intoxication (using 49.01 aka "point oh eight") for the whole of chapter 46, rather than leaving it open to interpretation.

    If it passes, it will become law on 9/1/13.
     
    Top Bottom