TexasCHLforum.com

ScottDLS wrote:

casp625 wrote:It's already illegal to carry while intoxicated so let's repeal that law and immediately make it illegal again! Only change I see is they add "in a public place"

H.B. No. 1827 wrote: Sec. 46.025. UNLAWFUL CARRYING OF FIREARM WHILE INTOXICATED. (a) A person commits an offense if, while intoxicated, the person carries a firearm, including a handgun or long gun, in a public place.
...
SECTION 5. Section 46.035(d), Penal Code, is repealed.

And here is the repealed section:

Sec. 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 or carried in a shoulder or belt holster.

They added firearm....instead of weapon...which adds in long guns. It's already illegal to shoot people negligently, so why add the intoxication offense... Do we really have an epidemic of drunks shooting people with long guns...? And how did we survive the last 180 years without such a law?

SMRoot wrote:

ScottDLS wrote:

SMRoot wrote:Is there any way to clearly tighten up the wording of the statutes so that having a glass of wine with dinner doesn't mean that you have to leave your handgun at home, but still doesn't allow people to carry while truly impaired?

It already is the law. The standard for intoxication for carrying IS EXACTLY THE SAME AS FOR DRIVING. If you can't have a glass without being INTOXICATED, then don't carry and don't drive. Intoxication is not having the normal use of your faculties OR being 0.08 or more BAC. In the absence of a BAC test, the prosecution will have to prove beyond a reasonable doubt that you did not have normal use of your faculties. There are plenty of DWI lawyers that specializing in raising a doubt, and if you are not driving I am not aware of a requirement for you to submit to a blood/breath test.

Maybe I have been misinformed, but I thought that many folks on this site were of the opinion that an officer could and would arrest you if you had ANY alcohol in your system. The theory was that even one drink removed the normal use of your faculties. Is that just baseless paranoia talking?

H.B. No. 1827 wrote: Sec. 46.025. UNLAWFUL CARRYING OF FIREARM WHILE INTOXICATED. (a) A person commits an offense if, while intoxicated, the person carries a firearm, including a handgun or long gun, in a public place.
...
SECTION 5. Section 46.035(d), Penal Code, is repealed.

Sec. 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 or carried in a shoulder or belt holster.