TexasCHLforum.com

Good morning!

for Shiner Commemorator

Now I'm off to have a couple of eggs and some coffee while carrying a handgun.

I'm off to have a couple of beers while carrying a handgun.


See you in the morning.

Matthew 7:3

Totally Frustrated wrote:All,
I'm gonna keep out of this other than to make this statement.
In a shooting trial, it sure will look bad to a jury when a restaurant full of witnesses testify they saw you drinking prior to the incident. The Prosecutor would love it though.

I drink with friends but I don't go to bars because of the 51% nonsense but you make a good point. The witnesses have no idea if you're drinking a non-alcoholic beer or a real beer. They don't know if you're drinking a Diet Coke with lime or a Cuba libre. If strangers see you drinking anything at a bar or restaurant, I bet some would testify you were drinking before the incident, even if your BAC is 0.000000000000000000000000000000%

bkj wrote:In respect to the firearm and CHL is this person legal?

There's not enough information to say. If someone doesn't have "normal use of mental or physical faculties" because they drank alcohol, they're intoxicated, even if their BAC is under the limit. That's true for 49.04 and 46.035 equally.

IANAL

WildBill wrote:I don't see anything wrong with an instructor saying that "you shouldn't even have one sip" as long as they state that is their belief and don't try to tell you that is the law.

Same if an instructor tells students they shouldn't go somewhere that has a sign.

KFP wrote:While I wouldn't want to be the test case for this, I agree. I've always found it interesting that when this topic comes up, the FAQ section from the DPS handbook isn't quoted. Obviously, it is an "interpretation," but it seems to support the argument above:

Can I carry a handgun if I am drinking alcohol?

"Carrying" while drinking is not prohibited, but it is a criminal offense to carry while intoxicated.

Only if you have a CHL.

Suppose A & B go to a bar in B's car. They disarm and go inside. They listen to the band. A is the designated driver and has softdrinks. B has a few beers and becomes mildly intoxicated. After the show they return to the car. They rearm without failing to conceal. A drives them home.

If B does not have a CHL it looks like that's legal.

Russell wrote:I'm going to have to disagree with your disagreement ( ). I still don't want a gun anywhere around me.

That's your choice. Having a CHL does not require you to carry everywhere. You don't even have to own a gun at all. I have no desire to force anyone to carry a gun and I don't appreciate people who try to infringe my right to keep and bear arms.

Russell wrote:Hence why I am against allowing CHL'ers to carry into bars. *flame shield up*

I'm in favor of the same carry laws applying to an OBGYN with a CHL, an ADA with a CHL, a special investigator on or off duty, and a Texas peace officer not engaged in the actual discharge of the officer's duties.

ErnieP wrote:How would your son feel about a law enforcement officer drinking on duty? Probably think it was not a good idea.

You know the law against carrying while intoxicated only applies to CHL not LEO.

If they (the legislature) really believed that guns and beer don't mix, they would have made it a Class A misdemeanor for everyone to carry a handgun while intoxicated (peace officers, special investigators, bodyguards, etc.) instead of making it illegal only for someone with a CHL.

Bunkins wrote:This is why I dont do it You can be on Nyquil and be considered intoxicated.

Good point. I wonder if the people who argue against someone having even one beer while carrying also unload and lock up their home defense guns when they take a sick day and stay home and put Nyquil or other drugs into their system.