CHL and Alcohol

[45 4 life]

There has been allot of talk on here about drinking while carrying. I have just finished my renewal class and was told by the instructor that there is a new law that just went into effect that clearly defines the legal limit of 0.00 while a CHL is carrying.

Is this something that I have missed?

[jordanmills]

You didn't miss anything. He was just making it up.

[Crossfire]

Really? And did he give you the penal code section to reference that?

[45 4 life]

No penal code section was given. However he pointed to a question on the written test (true or false) that basically states that there is no legal limit, the answer is ofcourse true, there ins'nt. Then he went on to explain that there was no legal limit due to the fact that no alcohol is allowed while you are carrying, and stated that you could be arrested, weapons confiscated, and permit suspended.

[joe817]

Then he went on to explain that there was no legal limit due to the fact that no alcohol is allowed while you are carrying, and stated that you could be arrested, weapons confiscated, and permit suspended.

*sigh* Another false statement. Is it just me, or does there seem to be a wave of disinformation being spread in some CHL classes?

[USA1]

Far as I know, this is the correct answer..

"Carrying" while drinking is not prohibited, but it is a criminal offense to carry while intoxicated.

[45 4 life]

I hate to say it but, this guy had some other mistakes in the presentation as well.

I comment which had nothing to do with the class was "If I am in a reciprocating state like Az. I am not going to carry, they are open carry and I do not want to open carry, and I cannot legally carry concealed".

I tried to correct that statement, but decided it was better for the instructor and myself to just let it go.

[45 4 life]

Far as I know, this is the correct answer..

"Carrying" while drinking is not prohibited, but it is a criminal offense to carry while intoxicated.

This is what I have always understood, but this guy actually wrote on the dry erase board "0.0001 and the officer can take you down"

[Keith B]

Another instructor.

[gigag04]

Far as I know, this is the correct answer..

"Carrying" while drinking is not prohibited, but it is a criminal offense to carry while intoxicated.

This is what I have always understood, but this guy actually wrote on the dry erase board "0.0001 and the officer can take you down"

We can subsequently seize any property and or other assets held by the violator too. Just for any detectable amount...can you believe that?



Back to reality - if an instructor can't show you a violation in the Penal Code, Health and Safety Code, Alcoholic Beverage Code, or any other one of the piles of Codes that govern the state of Texas, then it's not a violation. Even Muni codes can't mess with CHL's really. I would have called him out publicly but politely.

[Crossfire]

Here are the relevant sections of the penal code. Nothing has changed. This is not new. And question #38 on the test has been the same since at least 2000.

Penal Code Section 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.

Government Code Section 411.171:
(4)(6) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.

Penal Code Section 49.01
(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.

[45 4 life]

Well at least I know where to go to get answers. I should have directed him to this forum during class.

Thanks Guys

[joe817]

Have any of you ever been around a group of more knowledgeable people when it comes to a certain endeavor(CHL being an endeavor)? I haven't.

Thank you all!

[Oldgringo]

...you could be arrested, weapons confiscated, and permit suspended.

This is true. You can be arrested for anything at any time; however, making the charges stick is another matter. In the course of regaining your freedom, weapon, CHL, place in the community, employment, etc., etc.,...well, er, , uh you know the rest.

One mo' time, why risk it? If you're going out drinkin', leave the iron at home.

[tartex]

[quote="Crossfire"]Here are the relevant sections of the penal code. Nothing has changed. This is not new. And question #38 on the test has been the same since at least 2000.

Penal Code Section 46.035:
(Penal Code Section 49.01

Thanks for the references, Crossfire. My CHL instructor didn't totally screw up like the one that was quoted on this forum but he was just a tad ambiguous. I enjoy either a beer (ONE, with Mexican food or pizza) or a glass of wine (usually only one, and never more than two) with meals that are worthy of it. I always carry when I leave the house and have been wary of even having one drink with a meal when I'm out. I'll breathe a little easier now.