TexasCHLforum.com

BKJ

Perhaps it would be easier to explain the answer to your question by putting it in another perspective. If the CHL is in the car, he is not carrying under his CHL authority. The law on car carry specifies that he could carry in his car if he is not committing another crime. If the person is legally too intoxicated to drive the car,he would be committing the crime of DWI, which would also make him CWI. If he is not too intoxicated to drive, he could carry in the car legally and the CHL wouldnot come into it.

Now, if we add the lockbox, we are changing the carrying and a court MIGHT agree that this is not "on or about his person." If this is true, then the intoxication level only matters for his DWI charge. The carrying is not illegal either way then since only carrying on or about the person would be illegal. In a pickup, the closeness to his body might be debatable, but if the lockbox is in the trunk of a car, he would be clear (except the DWI case).

Well, I guess I may ruffle a few feathers here, but I kind of read this differently. The son is getting a CHL and his father told him he needs to stop carrying or stop drinking. The way i read it, the father (sorry, bkj) actually had some wrong info and was spreading the old fallacy of no alcohol at all when carrying. The son asked for more clarification not ways around the law.

I really do not see the problem with a person asking for more information on the way the law works and is applied. This is not immature, even if it concerns alcohol. I do see it as immature if it was someone looking for ways around a law, but this is not what I read into the original post.

Now, having said all of that, I have to agree with most that drinking and carrying [abbreviated profanity deleted] not mix, even with one drink.