TexasCHLforum.com

frankie_the_yankee wrote:

Jason73 wrote: 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.

Notice that the answer in the DPS book IS NOT THE ANSWER TO THE ORIGINAL QUESTION. They don't say whether you can carry while drinking. They just say you can't carry while intoxicated.

Big difference.

Texas has issued an updated CHL handbook and the new one states the following:


Q: Can I carry a handgun if I am drinking alcohol?
A: “Carrying� while drinking is not prohibited, but it is a criminal
offense to carry while intoxicated.

Now someone needs to tell all the CHL instructors to stop spewing the "not a drop" spiel and making people (such as myself) believe they will go to jail for just smelling a beer while carrying.

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

§ 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......



§ 49.01. TEXAS PENAL CODE

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

CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES

§ 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

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.

only if its Oscar Mayer

to each their own, Id rather not find out the hard way and frankly Id rather drink a pepsi than a beer!

Jacob Staff wrote: Someone needs to ask Dick Cheney about this

or Teddy "where's the scotch, its breakfast time!" Kennedy

I would go hunting with Dick Cheney, but there is no way in that you will get me in Kennedy's car while he is driving

I dont touch alcohol when Im carrying. My CHL instructor had a great point - If you have to use your gun and you have alcohol in your system, ANY alcohol, the prosecution is going to have a field day with you and you WILL go to prison.