Recvd Plastic Yesterday! Question....

ktusc · #1

I was reading PC 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.

First, some of this PC is confusing. "While intoxicated" Does this mean that people can drink while carrying as long as they aren't over the legal limit?

seamusTX · #2

Congratulations on your new plastic.

This question is subject to some debate. I think it's legal to have some number of drinks in a certain period of time, as long as you are not intoxicated.

Here is the legal definition of intoxicated:

PC Â§ 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.

Some people say terrible things will happen to you if you touch a drop of the demon rum. I don't agree with them and don't argue with them.

I am not a lawyer, so take this advice FWIW.

- Jim

ktusc · #3

Thank you! I find it a little weird that we are allowed to drink at all while carrying, but then that is why intoxicated is defined.

Does the 51% rule have to be posted? How will one know if 51% or more of sales comes from alcohol?

Thanks again. I will be doing my Wally Walk today.

boomerang · #4

ktusc wrote:Does the 51% rule have to be posted?

It has to be posted or they're violating TABC rules. I believe a CHL is breaking the law if they carry in a 51% establishment even if it isn't posted.

ktusc wrote:How will one know if 51% or more of sales comes from alcohol?

Sometimes it's obvious but sometimes even the staff might not know.

seamusTX · #5

ktusc wrote:Thank you! I find it a little weird that we are allowed to drink at all while carrying, but then that is why intoxicated is defined.

It's illegal to be out in public while intoxicated, and especially illegal to drive while intoxicated. The same standard applies to carrying weapons.

PC Â§46.035(b) makes it a class A misdemeanor, so that your license is revoked upon conviction.

- Jim

ktusc · #6

thanks! One would almost expect to be held to a higher standard, but I understand. Maybe I would want a beer with my meal and I shouldn't be denied that because I am carrying. Right?

seamusTX · #7

ktusc wrote:Maybe I would want a beer with my meal and I shouldn't be denied that because I am carrying. Right?

In my opinion, if you are not intoxicated after one beer (which a few people are), you can drink a beer while carrying, or carry while drinking a beer.

As I said above, this is my opinion. I am not a lawyer.

- Jim

CompVest · #8

I don't think CHL holders should be held to a higher standard then driver license holders. More people are injured or killed in driving mishaps then from gunshots.

seamusTX · #9

CompVest wrote:I don't think CHL holders should be held to a higher standard then driver license holders. More people are injured or killed in driving mishaps then from gunshots.

I agree. A vehicle is more dangerous than a pistol in the wrong hands, and a drunk driver is a danger every second that he is behind the wheel.

- Jim

ktusc · #10

CompVest wrote:I don't think CHL holders should be held to a higher standard then driver license holders. More people are injured or killed in driving mishaps then from gunshots.

I agree. I know many people who are licensed to drive and shouldn't be. I don't know anyone who is licensed to carry and shouldn't be. Then I don't know many people who are licensed to carry. Just my .o2.

WarHawk-AVG · #11

There is NO .08 limit on being intoxicated...if you are packing...DON'T touch the booze! PERIOD

Thats all we need to see on the headlines...

DRUNK CHL LICENSED PERSON ARRESTED...COULD HAVE KILLED 1/2 THE CITY

The media is already anti-gunning for us...lets NOT give them any more ammo please!

Could you just imagine what the defense attorney would paint you as if had even .02 in your system and you had to defend yourself...man..you would be classified as a gun toting murdering drunken hillbilly!

Please...if you are packing DON'T drink

I agree that we should be held to the .08 limit...but the anti's are so hot on our tail over the icky evil firearms, giving them just a bit more leverage is NOT what we want to do

ktusc · #12

Honestly, I may have one beer every 2 or 3 months. I would just like to know what is legal.

Thx for the opinions.

Does anyone know if a Comed Club is > 51% by chance?

#13

Molon_labe wrote:..you would be classified as a 'gun toting murdering drunken hillbilly!'

Hey, watch it. I fit 3/5 of that phrase (words 1, 2 & 5.)

I agree. While there are arguments on the wording of the statute, my opinion is it is best to be alcohol free if toting. You can be the designated driver AND shooter.

#14

ktusc wrote:Honestly, I may have one beer every 2 or 3 months. I would just like to know what is legal.

Thx for the opinions.

Does anyone know if a Comed Club is > 51% by chance?

I think it would be. I doubt they draw more than 50% of their income from the door.

ktusc · #15

Now I like the sound of that. Once my wife gets her CHL, before an evening we could decide whos drinking and whos carrying. Id rather carry than drink.