Search found 3 matches

by Bart
Mon Jul 13, 2009 4:21 pm
Forum: General Texas CHL Discussion
Topic: A Couple beers
Replies: 111
Views: 11125

Re: A Couple beers

NcongruNt wrote:Just so we're clear on this:

46.035(d) :
(d) A license holder commits an offense if, while intoxicated, the
license holder carries a handgun under the authority of Subchapter H,
Chapter 411, Government Code, regardless of whether the handgun is
concealed.

GC 411.171
GC 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 danaerous druas so as to
acquire a fixed habit and an involuntary tendency to be&me intoxi-
cated 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 reason-
able 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. The term does
not include an adjudication of guilt or an order of deferred adjudication
that has been subsequently:
(A) expunged; or
(8) pardoned under the authority of a state or federal official.
(4-a) "Federal judge" means:
(A) a judge of a United States court of appeals;
(8) a judge of a United States district court;
(C) a judge of a United States bankruptcy court; or (D) a mag-
istrate 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; or
(B) an associate judge appointed under Chapter 201, Family
Code.
(5) "Handgunn has the meaning assigned by Section 46.01,
Penal Code.
(6) "Intoxicated" has the meaning assigned by Section 49.01,
Penal Code.

(7) "Qualified handgun instructof means a person who is certi-
fied to instruct in the use of handguns by the department.
(8) ' '[mpealedbyAds 1999,76VI Leg.. ch. 62, Seclion 9.02.1

49.01:
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.

(3) "Motor vehicle" has the meaning assigned by Section 32.34(a).
(4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.
(5) "Amusement ride" has the meaning assigned by Section 2151.002, Occupations Code.
(6) "Mobile amusement ride" has the meaning assigned by Section 2151.002, Occupations Code.
It is the same standard as driving.
bttt
by Bart
Thu Feb 05, 2009 8:06 pm
Forum: General Texas CHL Discussion
Topic: A Couple beers
Replies: 111
Views: 11125

Re: A Couple beers

If someone is carrying, there's a very small chance they will operate the equipment. If they need to use the gun, like a mugging or rape, there's a big chance there won't be innocent bystanders.

If someone is driving, there's a 100% chance they will operate the equipment. If they're driving on public roads, like a highway or residential neighborhood, there's a very big chance there will be innocent bystanders.

If someone is too drunk to carry safely, they're way too drunk to drive safely.
by Bart
Thu Feb 05, 2009 7:23 pm
Forum: General Texas CHL Discussion
Topic: A Couple beers
Replies: 111
Views: 11125

Re: A Couple beers

If someone is sober enough to drive, I don't see any problem with them legally carrying.
If someone is too drunk to carry safely, they're way too drunk to drive safely!

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