cant decide whether on not to get CHL....

[shaymac]

this is why...


i dont think i would carry oftain other than on vacations and gas stations out of town.... i allways keep my 40 in my center console since now anyone can legally conceal in there vehicle... what im curious about is if i get my CHL and say me and my gf and some friends go on a vacation say to the coast. ok if we stop at a restaurant and eat and i have 4 beers and we leave ( i let my gf drive of course) and end up getting pulled over.... ( never would i carry with any alcohol in my system EVER!!) but could the gun being in the center console be linked to me somehow with the CHL and get me in a bunch of trouble cause i had alcohol on my breath? please any info would b greatly appreciated

i know its an out there scenario for them to even find out i had a CHL with me not driving but i just want to make sure its not going to get me in trouble in a scenario like that... AND I WILL REPEAT AGAIN... NEVER WILL I EVER DRINK AND CARRY

[jayinsat]

Scenario 1) You're at the movies with your gf and bg starts shooting. Where's your gun and protection
Scenario 2) You sell your cool mountain bike to a Craigslist buyer and you meet at the local walmart in broad daylight. His friend pulls a knife on you in the parking lot. The sheeple don't see a thing. Your gun is in the console.

Many other scenarios possible

[Teamless]

1- do you ever drive past a school?
I assume yes, as most people do on a daily basis.
Did you know that without your Texas CHL, having a gun in your car as you drive past, you are breaking federal law by being within 1000 feet of a school?
Do you have kids? Do you ever drop them off or pick them up at school? If so, well then you have no excuse (for the law if ever caught) for having a gun, and would certainly be guilty.

I am not going to answer your question, other than to say, get your CHL, it will give you much more benefit than drawback
If you MAY have a drink, or your G/F may have a drink and someone that has NOT had a drink will not be in control of the vehicle,- well, leave the gun at home
Oh and the biggie _ DONT DRINK AND DRIVE

[Keith B]

this is why...


i dont think i would carry oftain other than on vacations and gas stations out of town.... i allways keep my 40 in my center console since now anyone can legally conceal in there vehicle... what im curious about is if i get my CHL and say me and my gf and some friends go on a vacation say to the coast. ok if we stop at a restaurant and eat and i have 4 beers and we leave ( i let my gf drive of course) and end up getting pulled over.... ( never would i carry with any alcohol in my system EVER!!) but could the gun being in the center console be linked to me somehow with the CHL and get me in a bunch of trouble cause i had alcohol on my breath? please any info would b greatly appreciated

i know its an out there scenario for them to even find out i had a CHL with me not driving but i just want to make sure its not going to get me in trouble in a scenario like that... AND I WILL REPEAT AGAIN... NEVER WILL I EVER DRINK AND CARRY

First off, welcome to the forum.

Personally speaking, if you have a loaded gun in the console and you're intoxicated it is not a smart move. You would technically be 'carrying' if it is within your immediate reach, even though MPA has no provision against it.

Now, by coast, I assume you mean Texas coast. If you go out of Texas, then you have to follow the rules and laws in those states for vehicle carry, and even if allowed without a license many have tough laws on having a firearm in your possesion while intoxicated.

Bottom line, if you are planning to drink, license or not, you should unload the gun and store it in a locked container in the vehicle.

[psijac]

should never drink and drive. Drinking reduces your fine motor skills and spatial awareness.

Carrying while drinking is illegal in Texas, but a healthy respect for the dangerous nature of a weapon should be in the deepest level of your mind. This opinion is contray to what the board thinks but I feel you cannot be trust with a gun while drunk, you cannot be trusted while sober.


Also the Motorist Protection Act just extends the castle doctorine to your car. It wouldn't be like you are carrying drunk. it would be more like you are drunk at your house and also have a gun somewhere.

I have heard of a person shooting from their third apartment window and killing a person breaking into his car. Only under the castle doctorine and Motorist protection Act was this a legal shoot.*


*i cannot cite source at the moment so that might be a complete lie. Also am not a lawyer

[shaymac]

this is why...


i dont think i would carry oftain other than on vacations and gas stations out of town.... i allways keep my 40 in my center console since now anyone can legally conceal in there vehicle... what im curious about is if i get my CHL and say me and my gf and some friends go on a vacation say to the coast. ok if we stop at a restaurant and eat and i have 4 beers and we leave ( i let my gf drive of course) and end up getting pulled over.... ( never would i carry with any alcohol in my system EVER!!) but could the gun being in the center console be linked to me somehow with the CHL and get me in a bunch of trouble cause i had alcohol on my breath? please any info would b greatly appreciated

i know its an out there scenario for them to even find out i had a CHL with me not driving but i just want to make sure its not going to get me in trouble in a scenario like that... AND I WILL REPEAT AGAIN... NEVER WILL I EVER DRINK AND CARRY

[RoyGBiv]

If your GF is in control of the vehicle and she has not been drinking and is not otherwise "intoxicated", then your GF can assume responsibility for the gun in the console under MPA.

This is my OPINION. I am not a lawyer. This is NOT legal advice.

Since you clearly understand that alcohol and guns are a bad combination, I'll skip the lecture.
Be safe out there. And... Get your CHL.

[shaymac]

I understand that its illegal to carry while intoxicated... what i was curious is the gun will b brought on vacation so in will b in the vehicles center console... hopefully never to b used... my question is like most i may have a drink or 2 for dinner while im on vacation but will allways make sure we have someone that is not drinking at all to drive.... so when we go to leave restaraunt on our way to get a motel would the gun ( that is still in the center console ) b linked to me because of the chl or would it be considered in the drivers possesion

[Teamless]

duplicate thread
more responses on the other thread
viewtopic.php?f=26&t=60875" onclick="window.open(this.href);return false;

[shaymac]

duplicate thread
more responses on the other thread
viewtopic.php?f=26&t=60875" onclick="window.open(this.href);return false;

yes sorry new to the forum i just thought this was more under the topic... i just want everyones opinion

[Teamless]

would the gun ( that is still in the center console ) b linked to me because of the chl or would it be considered in the drivers possesion

In Texas, there is no gun registration therefore having a CHL does not "link" a gun to a person.
A gun in the center console, could be stated that it is in the drivers possession, BUT at the same time, is WITHIN reach of the person in the passenger seat, therefore it goes back to the statements before, if drinking, do not have the gun in the car, or best case, put it in the trunk, if no trunk, the hatch of the vehicle in some locked compartment, so it could not be said to be within reach of a person drinking/drunk

[hpcatx]

If you're concerned about your girlfriend driving and having possession under the MPA, consider a small lock box. If you're going drinking, transfer the firearm from the center console to the lock box. Plus, you won't have to worry about a smash and grab getting your gun.

As for a need for a CHL, even if you are carrying in the vehicle only, the MPA still doesn't trump federal law on gun free zones, like a school zone. A CHL would insulate you from that concern. How many times do you drive through a school zone while passing through the city?

ETA: Was typing while the duplicate thread post was submitted. Check there for more info.

[RPB]

Deja Vu

duplicate thread

viewtopic.php?f=7&t=60877" onclick="window.open(this.href);return false;

[Crossfire]

duplicate thread
more responses on the other thread
viewtopic.php?f=26&t=60875" onclick="window.open(this.href);return false;

I merged the two threads.

[shaymac]

duplicate thread
more responses on the other thread
viewtopic.php?f=26&t=60875" onclick="window.open(this.href);return false;

I merged the two threads.

thank you... and sorry