A Couple beers

[atxgun]

OK folks, bring it back on topic.

I was actually trying to veer it so off topic it got locked.

[ghostrider]

I've read this thread repeatedly and I'd like to summarize:

Its great that we live in a country where we have the freedom to carry and make choices, and we can even have this conversation. :-)

[03Lightningrocks]

I've read this thread repeatedly and I'd like to summarize:

Its great that we live in a country where we have the freedom to carry and make choices, and we can even have this conversation. :-)

..............

[Captain Matt]

Does the no alcohol apply to having a gun in the truck if you are not a CHL holder?
This one I do not know

The "intoxicated" rule is in 46.035 and that only applies to someone with a CHL. However, 46.02 prohibits someone "engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic" from carrying in their vehicle without a CHL.

[Bart]

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

[howdy]

I remember at my last instructor requal, the DPS attorney said zero tolerance. Her take was a person with one beer/drink is "impaired" in relation to that same person without that one beer/drink. Impairment "however so slight" is impairment. I'm just the messenger here. Her comment provoked a lively discussion among the instructors. This particular attorney taught the law at my instructors class and she has been at all three of my recalls. I am going to requal in August so I will ask her opinion again. She strikes me as being anti CHL even though she deals with it professionally.

[Liberty]

I remember at my last instructor requal, the DPS attorney said zero tolerance. Her take was a person with one beer/drink is "impaired" in relation to that same person without that one beer/drink. Impairment "however so slight" is impairment. I'm just the messenger here. Her comment provoked a lively discussion among the instructors. This particular attorney taught the law at my instructors class and she has been at all three of my recalls. I am going to requal in August so I will ask her opinion again. She strikes me as being anti CHL even though she deals with it professionally.

Its not the first time this has been stated, and off forum the complaints are even louder. One has wonder ,"Why she has that job?"