Page 1 of 2

CHL and alcohol....

Posted: Tue Sep 01, 2009 12:13 pm
by mrvmax
I do not drink so I never paid attention to issues regarding CHL and drinking. But, friends of mine do and are curious as to what they can do so they will not get into trouble while drinking. I imagine that if they are out drinking at all they cannot legally carry. Would storing their handgun in a trunk or the bed of a truck suffice? They do not want to leave it at home but also do not want to get into trouble for carrying while drinking. So, who can clarify?

Re: CHL and alcohol....

Posted: Tue Sep 01, 2009 12:17 pm
by mr.72
mrvmax wrote:So, who can clarify?
who, indeed.

Re: CHL and alcohol....

Posted: Tue Sep 01, 2009 12:24 pm
by joe817
Be a friend to them and tell them they have a choice. Either they leave their guns at home while going out drinking, or not drink at all while they go out, and they can carry concealed safely. Those are the only 2 choices I can think of, and nothing in between.

Re: CHL and alcohol....

Posted: Tue Sep 01, 2009 1:09 pm
by Keith B
It has been discussed ad infinitum on this forum before on drinking while carrying. See http://www.texasshooting.com/TexasCHL_F ... mit=Search" onclick="window.open(this.href);return false; and you will find many threads.

Basically, you can carry while drinking, you just can't be intoxicated. The problem is it is very gray for the definition of intoxicated and has been beat to death. :deadhorse:

Re: CHL and alcohol....

Posted: Tue Sep 01, 2009 1:22 pm
by Carrots
It would seem to me that it would depend on where they are drinking. Bars should be 51% posted and are therefore off limits whether you are drinking alcohol inside them or orange juice. If they are on private property then they can do as they please. For a lot of folks this is a black and white issue, but I tend to err on the side of personal responsibility rather than the absolute abstinence professed by many. What I do find odd is that they are concerned with drinking and carrying, but not drinking and driving. If I go out for a night of drinking I know that I'll be having a fair few cheeky ones and I won't have my vehicle with me to leave a gun in. It would also be worth clarifying what they mean by "trouble". Legal trouble, or just trouble? The first is far more unlikely than the latter IMO, although of course they frequently come together. Also are we talking "drinking" or "intoxication" or "blind drunk". Too many variables to be able to offer a lot of helpful advice here, but the fact that they are asking the question would lead me to believe that perhaps someone else had better make a decision for them. This has been discussed a lot before, and a search of the site will turn up all sorts of opinions on what is legal and what isn’t, as well as what people think other people should and should not do.

Re: CHL and alcohol....

Posted: Tue Sep 01, 2009 1:35 pm
by garcia946
There is no legal limit when it comes to guns and alcohol , so that in mind , either don`t drink or let it at home.
You never know what kind of LEO you may run across and what they think in the matter. My thoughts.... :tiphat:

Re: CHL and alcohol....

Posted: Tue Sep 01, 2009 1:52 pm
by gemini
joe817 wrote:Be a friend to them and tell them they have a choice. Either they leave their guns at home while going out drinking, or not drink at all while they go out, and they can carry concealed safely. Those are the only 2 choices I can think of, and nothing in between.
This exact topic came up at work this morning..... I tend to agree with Joe817..... I understand it's not the
"exact" law but it's the "law" I go by.
Carrots made a good point too: drink & drive? drink & carry? Why do either?

Re: CHL and alcohol....

Posted: Tue Sep 01, 2009 3:32 pm
by karder
As a new CHL holder, this is a tough one for me. Admittedly, I really enjoy an adult beverage, especially on Friday and Saturday nights. I carry at work, so when I get off on Fridays, I am carrying, and now I can't go get a drink, unless I go home to drop off the gun (I ride a motorcycle, so no safe place to lock it up) and if I go home, the wife snags me and I don't go back out!!!
I know that I can't go to a bar, but I could go to an applebees or similar restaurant/bar and have a beer, and my buddies and I usually go to restaurants anyway, but I am concerned about the vagueness of the law. If the standard were the same as for operating a motor vehicle, that would seem reasonable to me, but what if I run across the wrong cop? If I have one beer, and a cop stops me and asks me if I have had anything to drink and I say yes, I figure he could cause me a lot of problems. What if he just says I am too intoxicated to carry, arrests me, and doesn't even lets me blow? (the breathalyzer that is). It shouldn't happen, but I figure that you just have to run across the wrong cop once.
I knew this would be a problem when I decided to get my CHL so my personal choice has been to adopt a lifestyle change. I now go to the restaurant/bar with the guys, and drink a coke. It kind of sucks, but my friends know I carry and understand why I am doing it. One of the guys I go drinking with is a Sergeant with the local PD. He agrees the law is too open to interpretation by the individual officers and that the safest choice is to stay away from the alcohol. I don't have to worry about being hassled if I am with him, but I am trying to develop new habits and am abstaining. I still have fun, though the other guys now drink more knowing that they have a designated driver if they take it too far!
In the end, I chose the right to carry over the right to have a Friday night beer. Lifestyle adjustment for me. This is not advice for anyone, just my own story.

Re: CHL and alcohol....

Posted: Tue Sep 01, 2009 3:50 pm
by txmatt
karder wrote:As a new CHL holder, this is a tough one for me. Admittedly, I really enjoy an adult beverage, especially on Friday and Saturday nights. I carry at work, so when I get off on Fridays, I am carrying, and now I can't go get a drink, unless I go home to drop off the gun (I ride a motorcycle, so no safe place to lock it up) and if I go home, the wife snags me and I don't go back out!!!
I know that I can't go to a bar, but I could go to an applebees or similar restaurant/bar and have a beer, and my buddies and I usually go to restaurants anyway, but I am concerned about the vagueness of the law. If the standard were the same as for operating a motor vehicle, that would seem reasonable to me, but what if I run across the wrong cop? If I have one beer, and a cop stops me and asks me if I have had anything to drink and I say yes, I figure he could cause me a lot of problems. What if he just says I am too intoxicated to carry, arrests me, and doesn't even lets me blow? (the breathalyzer that is). It shouldn't happen, but I figure that you just have to run across the wrong cop once.
I knew this would be a problem when I decided to get my CHL so my personal choice has been to adopt a lifestyle change. I now go to the restaurant/bar with the guys, and drink a coke. It kind of sucks, but my friends know I carry and understand why I am doing it. One of the guys I go drinking with is a Sergeant with the local PD. He agrees the law is too open to interpretation by the individual officers and that the safest choice is to stay away from the alcohol. I don't have to worry about being hassled if I am with him, but I am trying to develop new habits and am abstaining. I still have fun, though the other guys now drink more knowing that they have a designated driver if they take it too far!
In the end, I chose the right to carry over the right to have a Friday night beer. Lifestyle adjustment for me. This is not advice for anyone, just my own story.
Glad you are abstaining. I'd be more concerned about one beer and motorcycle operation than one beer and carrying, but that's just me. Particularly when it comes to riding at night.

Re: CHL and alcohol....

Posted: Tue Sep 01, 2009 3:53 pm
by arnoldstrong
joe817 wrote:Be a friend to them and tell them they have a choice. Either they leave their guns at home while going out drinking, or not drink at all while they go out, and they can carry concealed safely. Those are the only 2 choices I can think of, and nothing in between.
Agreed...It's just too big a risk

Re: CHL and alcohol....

Posted: Tue Sep 01, 2009 5:17 pm
by MoJo
What I do is go home, pour me a cold one and stay home. If I'm going out it's no alcohol period I'm the designated driver/gun toter. Carrying a firearm is an adult responsibility that requires behaving like a responsible adult.

Re: CHL and alcohol....

Posted: Tue Sep 01, 2009 6:40 pm
by mymojo
MoJo wrote: Carrying a firearm is an adult responsibility that requires behaving like a responsible adult.
QFT.

Re: CHL and alcohol....

Posted: Tue Sep 01, 2009 6:50 pm
by Bart
If they're too drunk to carry they're way too drunk to drive.

Re: CHL and alcohol....

Posted: Tue Sep 01, 2009 7:41 pm
by nitrogen
know your limits.

Mine are one drink per 60 mins. Some people it'd be no drinks ever.

Re: CHL and alcohol....

Posted: Tue Sep 01, 2009 8:33 pm
by mrvmax
What I was asking was if they are out while carrying, and then decide to drink would keeping their weapon away from them be sufficient? I realize that it would be best to not carry while drinking. The issue is whether an officer would consider them carrying if it the handgun was not on them. I would assume it would be alright if it were separate from them. I will look through other posts, but so far I haven't seen this addressed but there are a million threads to look through.