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by slr001
Mon Sep 01, 2014 12:45 pm
Forum: General Texas CHL Discussion
Topic: When is my handgun on or about my person...question?
Replies: 18
Views: 3937

Re: When is my handgun on or about my person...question?

Keith B wrote:
LOL wrote:I understand it's semantics, but to be sure, I'm not "worried". I'm just trying to determine a seemingly gray area for me with regards to not having a way to lock the gun up in a trunk.

I'm absolutely not condoning alcohol consumption and carrying, but in the event I'm returning home and stop for a steak and a single glass of cab, I'm certainly not .08, but through officer discretion could be deemed impaired. If the gun is locked away and out of reach in my gun vault, does my impairment now become negligible since my gun is not readily accessible?

Of course, I'm not going to quote anyone's response here as the law, just wondered if anyone out there had come across this scenario?

I have a lot of friends who are LEO, so I suppose I should have just asked one of them.
Impaired has the same meaning for carrying as it does for driving. If you are impaired, then you can't carry or drive. .08 BAC is definitive intoxicated for both, but under that and impaired is still illegal.
Is this documented somewhere? I was under the impression this was still gray. Agree that .08 is impaired for both, but is it stated somewhere what constitutes impaired for CHL? But yes any reasonable person would agree that .08 would be impaired for both.

But given that CHL law does not specifically state that (I don't think), what stops an officer from making an arrest for carrying at .07, or .065?

I think this is why the OP wants a place in his vehicle that can then eliminate the gray are of having a handgun while intoxicated, but officially under .08

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