TexasCHLforum.com

WildBill wrote:

Oldgringo wrote:Once the music stops and the smoke clears, I suspect that we're gonna' find this whole thing is about more than 2A rights and signage. The word "impaired" keeps floating around my head and that word is compounded by the phrase "judgementally impaired" as applied to Texas statutes.

Call me a wimp if you must but if I called the EMT's to the house because Mrs. Oldgringo had drank herself into a sick stupor, with my help, and the LEO told me not to take my piece to the hospital, I would have said', "thank you" and hauled A to the hospital. You?

You may be right. I don't even remember how the LEO knew about the gun at the house.

OK Guys, if he was impaired, how did he get to the hospital?
Did Wyatt Earp allow him to drive? If so thats VERY bad!
Why wasn't he charged with public intox at the hospital? No field test, no blood test?
Hospital wasn't posted.
LEO had no reason to search since only saw a bludge. They don't count under the statute.
Case falling apart, law suit coming. Illegal search and all that stuff.
Now the impaired thing comes up?

This smells worse than an Indiana hog farm.

I got really curious about reading the actual definition of "intoxicated" as to a CHL.

Subchapter H, Chapter 411, under definitions states: (unless my search is out of date)

SUBCHAPTER H. LICENSE TO CARRY A CONCEALED HANDGUNSec. 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 dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated 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 reasonable 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;(B) pardoned under the authority of a state or federal official; or(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.(4-a) "Federal judge" means:(A) a judge of a United States court of appeals;(B) a judge of a United States district court;(C) a judge of a United States bankruptcy court; or(D) a magistrate 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;(B) an associate judge appointed under Chapter 201, Family Code; or(C) a justice of the peace.(5) "Handgun" 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 instructor" means a person who is certified to instruct in the use of handguns by the department.(8) Repealed by Acts 1999, 76th Leg., ch. 62, Sec. 9.02(a), eff. Sept. 1, 1999.

49.01 defines "intoxicated" as:

PENAL CODETITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALSCHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSESSec. 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.

Just because the LEO (Wyatt Earp) smelled alcohol is just not enough. What am I missing here in the law? If I'm reading this right, if you are under .08 and have "normal use of mental or physical faculties", you are not intoxicated by DUI or CHL standards.

I'm not advocating carrying or driving while intoxicated at all, but the law says.........