CHL, Vehicle and Adult Beverage Question

[n5wmk]

I carry concealed (CHL) every day. Sometimes on weekends, when I'm over at some friend's place, I'll be offered a beer or other beverage. I understand the zero alcohol tolerance while carrying, and my choices are to either disarm myself or refuse the beverage. While I never consume enough beer to be considered driving impaired or DWI, I don't want to be charged with a weapon violation either. If I'm in a car with a trunk, I will remove the round from the chamber and secure the handgun in the trunk. But if I'm in my 4-door crew cab truck, there is no trunk to lock the gun into. In that case, I will remove both the magazine and the round from the chamber, place the gun in the area behind the rear seat on the driver's side, and the magazine and +1 round into the storage behind the rear seat on the other side.

If I were to be stopped for a traffic violation, would this be sufficient to prevent any weapon charge? I would notify the LEO that I have a CHL, but that I'm not carrying at the moment. But I wouldn't lie to the officer and say there's not a handgun in the truck, either. My hope is that since it's not readily accessible as a fireable weapon, that would be good enough. But I'd like to get some other thoughts about this.

[bayouhazard]

Intoxicated is intoxicated.

If you're too drunk to carry legally then you're too drunk to drive legally.

P.S. Chapter 46 doesn't differentiate between loaded and unloaded, except for guns accessible to minors.

[n5wmk]

In my CHL class, our instructor stated that while the Texas DWI level is 0.08% blood alcohol content, the allowable allowable BAC while carrying is 0.00% - in other words, zero tolerance. And I didn't mean carrying while intoxicated, I meant any detectable amount - either by breathalzyer or by the LEO smelling alcohol. There is a definite difference between the two levels, that's the reason for my question. I'm in the vehicle with the handgun, but it's not readily accessible to me.

[Crossfire]

In my CHL class, our instructor stated that while the Texas DWI level is 0.08% blood alcohol content, the allowable allowable BUC while carrying is 0.00% - in other words, zero tolerance. And I didn't mean carrying while intoxicated, I meant any detectable amount - either by breathalzyer or by the LEO smelling alcohol. There is a definite difference between the two levels, that's the reason for my question. I'm in the vehicle with the handgun, but it's not readily accessible to me.

Can you point out where, in the penal code, that is spelled out?

[Beiruty]

Since you are in truck, better get a pistol safe-box with steel cable and attache the cable to the passenger car seat. Store the pistol there when you are not carrying. If the pistol is not in locked container you are still legally carrying (i.e. accessible)

[n5wmk]

Can you point out where, in the penal code, that is spelled out?

I don't know that it is spelled out in the penal code. I'm just relating the statement by my CHL instructor. Maybe he was opposed to alcohol himself?

I've had my CHL only about a year, and a lot of the requirement/restrictions I'm not that positive about. That's why I'm asking - to get a more expert opinion. If light (one drink) consumption isn't a problem while carrying, then I'd appreciate knowing that as well.

[steveincowtown]

Maybe he was opposed to alcohol himself?

If what you are saying is accurate, I would have to say yes.


IANAL, and you should research and confirm all facts yourself:

(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.

which means....

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.

Notice that it can A OR B. This topic has been endlessly debated here. Typically the folks that don't drink at all anyhow will advise you not to drink at all. The folks that do drink will argue what "Intoxicated" means. The there are a few of us that like sit back a drink a beer to see how things pan out.


Everyone makes there own choices, and these are only the choices I believe are correct for me.

At home- do what I want, drink what I want, carry all the time. A Gun is just like any other tool. I am not going to drink 6 beers and play with my chainsaw, but I won't let having a few beers keep me from using my chainsaw to free my family from a dangerous situation.

If I am going out to dinner- have my limit, stay safe, drive safe, carry all the time.

If I am going out "drinking" - lock my gun up, don't drive, don't carry. Beyond the 51% signage issue, there is just no reason to be in public, intoxicated, with a gun. I have zero worries about how I will handle myself, but I don't want to get in a wrestling match, shoving, or even a excited discussion with someone who can't handle there liquor and risk them getting a hold of my gun.



I made all these decisions years ago, and they have worked out pretty well...so far.

[n5wmk]

I made all these decisions years ago, and they have worked out pretty well...so far.

I like your answer, sir. This has pretty much been my method before I got my CHL. Apparently, my CHL instructor had his own somewhat different thoughts. I do appreciate your thoughts on this.

wmk

[cubbyjg]

IANAL, and you should research and confirm all facts yourself:

(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.

which means....

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.

Notice that it can A OR B. This topic has been endlessly debated here. Typically the folks that don't drink at all anyhow will advise you not to drink at all. The folks that do drink will argue what "Intoxicated" means. The there are a few of us that like sit back a drink a beer to see how things pan out.


Everyone makes there own choices, and these are only the choices I believe are correct for me.

At home- do what I want, drink what I want, carry all the time. A Gun is just like any other tool. I am not going to drink 6 beers and play with my chainsaw, but I won't let having a few beers keep me from using my chainsaw to free my family from a dangerous situation.

If I am going out to dinner- have my limit, stay safe, drive safe, carry all the time.

If I am going out "drinking" - lock my gun up, don't drive, don't carry. Beyond the 51% signage issue, there is just no reason to be in public, intoxicated, with a gun. I have zero worries about how I will handle myself, but I don't want to get in a wrestling match, shoving, or even a excited discussion with someone who can't handle there liquor and risk them getting a hold of my gun.



I made all these decisions years ago, and they have worked out pretty well...so far.

I follow this same logic for the most part and it has served me well. If you plan on partying, leave the firearm at home. Choosing to have a beverage or two at dinner while carrying is up to you and your comfort level. I could be wrong but "intoxicated" can be interpreted by individuals (LEOs, etc) differently.

[CC Italian]

Just depends on you and how far you will go. I personally will not carry if I take a sip. Once I start I won't carry. I know some say they can drink 3 beers in an hour and not be drunk and everybody is different. When I took my chl class almost 5 years ago a guy a little younger then me said he thinks there is nothing wrong with drinking 1or 2 8oz glasses of wine while going out to eat. I thought that 2 glasses of wine was a lot for me personally. I would be drunk off of two glasses of wine with a meal for dinner! Age, weight, alcohol tolerance will all effect how drunk you feel. I personally can tell I am impaired after only 2 non lite beers within an hour. Might not be drunk but I can tell my motor skills are slower. I just don't drink and carry or have a firearm in my possession if I am drinking. That is just me.

[74novaman]

Everyone makes there own choices, and these are only the choices I believe are correct for me.

At home- do what I want, drink what I want, carry all the time. A Gun is just like any other tool. I am not going to drink 6 beers and play with my chainsaw, but I won't let having a few beers keep me from using my chainsaw to free my family from a dangerous situation.

If I am going out to dinner- have my limit, stay safe, drive safe, carry all the time.

If I am going out "drinking" - lock my gun up, don't drive, don't carry. Beyond the 51% signage issue, there is just no reason to be in public, intoxicated, with a gun. I have zero worries about how I will handle myself, but I don't want to get in a wrestling match, shoving, or even a excited discussion with someone who can't handle there liquor and risk them getting a hold of my gun.



I made all these decisions years ago, and they have worked out pretty well...so far.

That's a pretty good summary I think. If I'm out to dinner and having a good burger, I might have a beer with it. Or a glass of wine with a nice meal. In no way do I ever feel "drunk" or "out of control" when having that minimal amount of booze with a meal. Its not enough to affect my driving or decision making, so I'm not worried about being pulled over or interacting with the cops anyway.

[RoyGBiv]

I could not follow the above posts quoting CHL-16 .... so.. I tried myself to follow the text of CHL-16 to an answer... I believe I found the same answer, although maybe not via the same route...

The above quoted definition of "intoxicated" seems to be from 46.06, which relates to the sale or transfer of a weapon to an intoxicated person.... I don't think this is the correct PC section in the OP's question...

IMO the relevant language for "intoxication" per the OP's example is:
Starting here.... (correctly quoted above)... Emphasis added by me...

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
(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.

Then... I would look here:

GC §411.171. DEFINITIONS
(6) “Intoxicated” has the meaning assigned by Section 49.01, Penal Code.

and then....

http://www.statutes.legis.state.tx.us/d ... /PE.49.htm
Sec. 49.01. DEFINITIONS.
(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.

I am not a lawyer. This is NOT legal advice.

[WildBill]

In my CHL class, our instructor stated that while the Texas DWI level is 0.08% blood alcohol content, the allowable allowable BUC while carrying is 0.00% - in other words, zero tolerance. And I didn't mean carrying while intoxicated, I meant any detectable amount - either by breathalzyer or by the LEO smelling alcohol. There is a definite difference between the two levels, that's the reason for my question. I'm in the vehicle with the handgun, but it's not readily accessible to me.

Can you point out where, in the penal code, that is spelled out?

That's a question for his instructor. That is exactly why I stated my objections about CHL instructors "preaching" in another thread.

[smoothoperator]

That's a question for his instructor. That is exactly why I stated my objections about CHL instructors "preaching" in another thread.

It's sad but some CHL instructors are as bad as the Bradys. They're either misinformed about gun laws or willing to lie to advance their own personal prejudices.

The reference to 49.01 is correct. That's the same section as DRIVING WHILE INTOXICATED. The first advice was correct. If you're impaired and illegal to carry then you're also illegal to drive. In Texas. IANAL and the laws may be different in Saudi Arabia.