TexasCHLforum.com

Drinking alcohol and carrying is something I never do, but when one is on one's own property where does the law stand in this regard?

Anyone?

Thanks!

IMHO, it's not illegal to be drunk on your own property or to carry a weapon while drunk on your own property, but if you do anything to draw the attention of the police, you can still get in a variety of trouble.

For instance, what would happen if someone tried to break into your house at the time, or it caught fire, or someone in the house had a medical emergency?

(I am using you generically here.)

- Jim

I don't think it matters. If it is a legal shoot then it is legal. If not, then being drunk may be a factor in convicting the drunk of a crime. Being drunk is not the point. The judgment used is. If it is not illegal to be drunk and carry a weapon on ones own property then, it comes down to "good shoot" or "bad shoot". Right?

As far as EMT or fire, it is still not illegal, so how is the drunk going to get into trouble for wearing a firearm? I can see getting it from a LEO because he/she may think it is wrong to drink and carry. But, beyond the unwanted attention I don't really see a problem. It is still a question of judgment if a crime is committed.

That said, getting drunk while carrying is not smart. I would hope that if a person starts to feel the drink they would lock the gun up. Not because it is a crime but because alcohol impairs judgment and may play a factor in creditability if something happens where a LEO has to show up. That is my opinion

You are correct that justified self-defense is legal whether the person is drunk, high on pot, or stone cold sober.

The trouble is, as you say, clouded judgment when intoxicated. That is just the kind of situation where someone might shoot their brother-in-law who dropped in unannounced.

Then there's the problem of clumsiness and possibly hitting an innocent target.

My point about the house catching fire and that sort of thing is that you might have to leave urgently; and many people are on public property the instant they step over the threshold. Then the person is drunk and armed on public property.

In case of a medical emergency, the fact of being armed isn't an issue; but it's possible to be charged with neglect of a child or dependent disabled adult.

- Jim

I have to agree with seamusTx. It is not always about the right you have, its sometimes about thinking ahead. You may be within your legal right to carry in your front yard but if your stumbling around drunk in your open to the public front yard, then that is another thing.

seamusTX wrote:That is just the kind of situation where someone might shoot their brother-in-law who dropped in unannounced.

I didn't even know you'd met my brothers-in-law!

Just like putting your pet ferret in your pants & jumping in place....it's legal...but not very smart....

seeker_two wrote:Just like putting your pet ferret in your pants & jumping in place....it's legal...but not very smart....

Ummm.... isn't that called "ferret legging"? Weird sport...

Abraham wrote:Drinking alcohol and carrying is something I never do, but when one is on one's own property where does the law stand in this regard?

Anyone?

Thanks!

The question was about carrying, not shooting.

The law is silent in this regard.

I don't believe a drunk ought to use a gun anymore than I believe he ought to drive a car.

Still, having said that, unless the person is staggering, bleary-eyed, or acting in such a manner that he's obviously a danger to himself or others, it would be difficult to prove he's drunk . . . after all, there's no requirement to submit to a BAC or field sobriety test if you're roaming around your own property.

If you are on your own property, then you aren't "carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code . . ." so TPC §46.035(d) (intoxication prohibition) doesn't apply.

Chas.

I also don't think there's a law against getting drunk and scratching the back of your head w/ your firearm on your property... oh wait I think suicide is technically illegal

I drink and carry all the time on my property. Texas is pretty lenient about carrying on personal property. If I'm drunk and someone breaks into my house, I am still going to shoot them. This is a very possible scenario since I drink quite often. That's also why I stay at home a lot. I don't want to involve other people in my vices.

I do take care to conceal my weapon. I live in a nice neighborhood and don't want to frighten the people that are afraid of guns. If I'm drinking I stay inside of the house or in the backyard, which is pretty secluded for the most part. My idiot next door neighbors have seen me toting around things like AK's and such, but that's when coming home from shooting or a gun show. I take them right inside the house and I'm sober at that point.

The question is the legality, which was answered. I guess there really isn't an answer since it's blank on this issue. I did call the police one night at the old place after a drunk Hispanic person tried to open my front door. I walked out and racked my shotgun as he was walking off of my property. He didn't even look back, so I let him go. When the cops showed up I told them if he would have walked into my house he would have been a dead man. They knew I was pretty lit. They were kind of joking around with me and asked me what kind of gun I had. I said I'd be using a .12 gauge shotgun. They told me that's the best home defense weapon there is. They didn't seem to think I would have been in the wrong and they knew I'd been drinking.

If I shot someone in my house, whether sober or drunk...I'd still answer a couple of questions and then call my lawyer. I would NOT say how much I had to drink though, even if it was just a glass of wine. I'm allowed to get as drunk as I want at my house and if someone decides they want to break and enter, then that's their problem.

HankB wrote:I don't believe a drunk ought to use a gun anymore than I believe he ought to drive a car.

"Using" a gun implies pulling it at the very least.

I'm no more "using" the .38 in my pocket, than I'm "using" the truck in my driveway (while the keys are in my other pocket). Doesn't matter if I'm sober as a judge or falling down drunk. If I'm on my own property, sobriety is not an issue.

And for that matter, I can legally drive all over my property higher than Cooter Brown (even an unregistered vehicle with no license or insurance). If I can legally shoot on my property, I can legally do so either sober or drunk.

Before anyone asks, no, I don't drive after drinking, and rarely (2-3 times in 20 years) have so much as a single beer in public. If I have a drink, it's always at home, usually after work, and I don't disarm just because I've had a beer.

i sip and carry all the time, i jus tmake sure i stay on my property.

whent he LEO's roll up and ask to speak to me, i invite them in rather then walk out to their patrol car. i make sure i stay on my property. Once they show up its already too late to disarm.