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Texas CHL Specific Laws

Discussion in 'Gun Legislation' started by SIG_Fiend, Mar 2, 2008.

  1. rodbender

    rodbender Active Member

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    Jul 25, 2008
    Elgin, Texas
    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.

    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.
     


  2. txinvestigator

    txinvestigator TGT Addict

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    May 28, 2008
    Ft Worth, TX
    Bill did not pass
     
  3. Bithabus

    Bithabus disgruntled TGT Supporter

    6,317
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    Aug 17, 2010
    Austin
    Re: Beer and concealed guns

    That definition applies to GC 411.171, not PC 46.035
     
  4. rodbender

    rodbender Active Member

    343
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    16
    Jul 25, 2008
    Elgin, Texas
    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
    .
     
  5. rodbender

    rodbender Active Member

    343
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    Jul 25, 2008
    Elgin, Texas
    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..
     
  6. txinvestigator

    txinvestigator TGT Addict

    13,119
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    May 28, 2008
    Ft Worth, TX
    Re: Beer and concealed guns

    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.
     
  7. txinvestigator

    txinvestigator TGT Addict

    13,119
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    May 28, 2008
    Ft Worth, TX
    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.
     
  8. Bithabus

    Bithabus disgruntled TGT Supporter

    6,317
    3
    38
    Aug 17, 2010
    Austin
    Re: Beer and concealed guns

    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.
     
  9. dnlcon

    dnlcon New Member

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    Jan 5, 2013
    I have a DWI conviction over 12 years ago, can I legally buy a handgun? Can I get a CHL?
     
  10. kaiserb

    kaiserb Member

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    Jan 3, 2009
    Mansfield, Texas
    Short answer is yes and yes as long as you meet the other requirements.
     


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