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txinvestigator

bauerdj wrote: A 1911 would go well with lone star

Dave B.

Is that still made?

txinvestigator

llwatson wrote:
txinvestigator wrote: However, it is not illegal for me to have a beer with a steak somewhere.
Just so I know...beer with steak is OK? How about beer with pizza? Is that OK too? Does it matter what kind of beer? What if it's Mexican beer? How about red wine with pasta? Or is that white with pasta, red with fish? I can never keep it straight... What if the 51% on the sign isn't really red but faded out so that it's only pink? Does that make it OK to carry into a bar?

Can I go now? I think my blonde roots are showing. Need to add some artificial intelligence by way of Clairol.

txinvestigator

TxBlonde wrote:Yeppers that is what I got confrimed from them...See I smart I went and asked the people that know.

Since no one here knew........

txinvestigator

TxBlonde wrote:This is an email I sent to the CHLS and the one I recieved back.

From: CHLS [CHL@txdps.state.tx.us]

Subject: RE: Alcohol and CHL

NO it is not....

Sent: Wednesday, August 16, 2006 12:19 PM
To: CHLS
Subject: Alcohol and CHL

Ok is ILLEGAL for me to carry my handgun on me if I have had only one beer?

What I am asking is isnâ€™t there a 0 Tolerance rule when it comes to Alcohol and Gun?

Again, the law says you cannot carry while intoxicated, it does not say you cannot carry while drinking.

46.035
(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.

txinvestigator

[quote="AV8R

txinvestigator wrote:
I never drink when I carry, and I meant to write that in the post.

Thanks, there appears to be a lot of agreement on this issue.[/quote]

Nice catch, pulling that from another thread. I don't drink when I carry, which is always. I seldom have a drink away from the house.

However, it is not illegal for me to have a beer with a steak somewhere.

txinvestigator

TxBlonde wrote:Well the LEO I know does disarm when he drinks.

What do you mean by "when he drinks"? You mean when he goes to the beer joint to slam a few and dance with the wimmenz? Or when he has a big ole steak at Saltgrass and a nice amber ale to go with it?

Two distinctly different things, I think.

txinvestigator

GrannyGlock wrote:I think it is potentially indefensible to drink ANY INTOXICANT and carry a gun. Is it worth the risk? Apparently many of you guys think it is alright to have one or two beers and carry, but I believe you are fooling yourselves.

On what do you base that? To what risk are you referring?

The law does not prohibit a person from consuming alcohol while or before carrying.

txinvestigator

TxBlonde wrote:I have a cop friend who told if you have On beer you CAN NOT carry your fire arm with you. That there is a 0 tolerence level when it comes to handguns and any kind of alcohol.

You cop friend is mistaken. Next time you see this person, ask what specific law is being referenced.

I know the penal code pretty well, as I do the CHL rules in the Texas Government Code. I can tell you that nowhere does the law say what your friend indicates.

here is the actual law for reference;

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.

txinvestigator

KBCraig wrote:
txinvestigator wrote:looks like a definition, smells like a definition, walks like a definition.........
"normal use of mental or physical faculties"

Looks vague, smells vague, offers no definitive answer... it's not a definition.

They might as well have said, "Intoxicated means being drunk". I have a teetotalling Pentecostal friend who swears that "any amount of alcohol impairs you". He'll argue it right to the point that rinsing your mouth with Scope is little different from guzzling demon liquor.

Kevin

I disagree Kevin. To me it appears clear. However, I might have to reconsider my position on Scope!

txinvestigator

KBCraig wrote:
txinvestigator wrote: and the penal code defines intoxication;

Â§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

Which is no definition at all.

Kevin

looks like a definition, smells like a definition, walks like a definition.........

txinvestigator

97Octane wrote:
KBCraig wrote:[
But, there is no definition for "intoxicated" in 46.035.

It's always inadvisable to drink and carry. But it's not necessarily illegal so long as you're not intoxicated.
I guarrantee you this... if you ever draw that weapon out in Billy Bobs, or any other place for that matter, or get caught simply carrying while your sucking on a long-neck beer bottle, I'd be willing to bet any officer will say youre intoxicated. The dont HAVE to prove it, they just have to suspect it and testify to their suspicion. Same for public intoxication. Suspicion alone is grounds for being jailed.

No, probable cause is grounds for being jailed, not mere suspicion.

and the penal code defines intoxication;

Â§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

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