Drinking While Carrying

govnor · #152

DSARGE wrote:Here's another good "drinkin and packin" question:

What if I am sitting in the backyard having a couple of beers and shooting the blue jays off the bird feeder with a pellet pistol (1911 model).

Lol. If you're going to shoot blue jays off the bird feeder then you need one of these: http://www.airgunsbbguns.com/Gamo_Varmi ... 929454.htm

DSARGE · #153

Never heard of a muzzlebrake on an air rifle---what's next, one of those things like they have for the people convicted of DUI's where you have to blow in it to make the car start?

HankB · #154

DSARGE wrote:What if I am sitting in the backyard having a couple of beers and shooting the blue jays off the bird feeder with a pellet pistol (1911 model). One of the BB's ricochets off a knot in the live oak and wounds a hummingbird. Injuring a non-game bird - they're small, so did anyone see it? No witness, no problem. The Hummingbird falls and is eaten by a cat. Evidence gone - no problem. The cat subsequently dies of lead poisining (from the Pellet). Dead cat - you got a twofer! Congrats! Can the Game Warden nail me if he finds an empty beer bottle in the ditch behind the house? Is catus domesticus expiry even within the Game Warden's purview? Even if the dead cat corpse is recovered, what likelihood is it that CSI will be called in to do a tox screen for lead? Will the EPA enhance the charges because I'm shooting "non-environmental friendly pellets"? Given the difficulty of a ballistic match to YOUR pellet gun - especially after chewing and partial digestion, or recovery from cat scat, I'd have to say "no." ...... Something to think about. But not for long.

gmckinl · #155

DSARGE wrote:Never heard of a muzzlebrake on an air rifle---what's next, one of those things like they have for the people convicted of DUI's where you have to blow in it to make the car start?

In 03 I spent some time in the UK. Enjoyed the UK shooting magazines. Was surprised to learn how advanced air rifles were. They almost ALL had a surpressor... I got the impression it was an all but manditory option on one.

LedJedi · #156

i think this thread should be sticky and/or added to FAQ.

lawrnk · #157

I didn't go through all 11 pages, but my instructor yesterday said a single drop can be grounds for arrest while carrying.

frankie_the_yankee · #158

lawrnk wrote:I didn't go through all 11 pages, but my instructor yesterday said a single drop can be grounds for arrest while carrying.

He's full of baloney. I would be very skeptical of anything else he told me. I would also seek out a different instructor when it's time to renew. Yours is obviously hung up on his own fantasies.

Jason73 · #159

frankie_the_yankee wrote:
lawrnk wrote:I didn't go through all 11 pages, but my instructor yesterday said a single drop can be grounds for arrest while carrying.
He's full of baloney. I would be very skeptical of anything else he told me. I would also seek out a different instructor when it's time to renew. Yours is obviously hung up on his own fantasies.

My instructor told us the exact same thing, as do many instructors based on the conversations I've had with fellow CHL'ers. I dont think it has anything to do Oscar Meyer products or with being hung up on fantasies, but simply NOT wanting to wind up in a prison cell.

I would like to see an attorney comment on this, and get their opinion from a legal standpoint - it would be interesting to say the least.

As far as being intoxicated while carrying, that is definitely grounds for arrest according to page 61 in that nifty little white book that came with the CHL application.

http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf

Q: Can I carry a handgun if I am drinking alcohol?
A: No; it is illegal to carry a handgun if you are intoxicated.

LM23 · #160

Having been on a jury for a DWI and becoming really educated with the laws in TX as far as "intoxicated"; I pose this question - what does it mean to be declared intoxicated in TX?

Jason73 · #161

LM23 wrote:Having been on a jury for a DWI and becoming really educated with the laws in TX as far as "intoxicated"; I pose this question - what does it mean to be declared intoxicated in TX?

*edited to add additional reference content*

http://tlo2.tlc.state.tx.us/statutes/do ... 046.00.htm

Â§ 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.

see definition of intoxicated below......

Â§ 49.01. TEXAS PENAL CODE

http://tlo2.tlc.state.tx.us/statutes/do ... 049.00.htm

CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES

Â§ 49.01. DEFINITIONS. In this chapter:

(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.

The way Im reading this, and by no means to I claim to be an attorney, it would indeed be illegal to have even one drop to drink while carrying based on definition "A", provided the prosecutor could prove it beyong a reasonable doubt in court. The inclusion of " OR " between definitions would be the sticking point, as A does is not based on BAC, but rather behavior....

interesting to say the least

BrassMonkey · #162

I would like to hear TXI's opinion on this one. He has such a unique way of looking atthings :-D Seriously, TXI, opinion?

stevie_d_64 · #163

BrassMonkey wrote:I would like to hear TXI's opinion on this one. He has such a unique way of looking atthings :-D Seriously, TXI, opinion?

Bet you a $1 he says .08 and above you're intoxicated in the state of Texas...

If you have a level of .0799 and lower, and I know you're carrying a handgun, I'm either on my way out away from you (no offence intended), or I left for the house long before that...

There are a lot of opinions about the combination of alcohol and a lot of activities...I will not condemn or preach to someone who chooses to combine activities...

If I find myself desiring to socially drink, I will do so, but my game will have already been adjusted before I do so...I will have already put my gun up and away from mine and other persons, and I will have made arrangements for a ride back to Steve's compound...

Its really that simple...

Or I don't drink...I have yet to have any problems with that system...

Mark G26 · #164

Edit= decided to keep my 02 to myself

mr surveyor · #165

I would be very careful about playing the true confessions game in the cyberspace of the www