TexasCHLforum.com

Again, a question of tactics over strategy. And we all know the best tactics in a case like this is to say "yes, dear" and not let her know you are doing what you wanted anyway.

But, technically you are both wrong. You can carry and drink at the same time, as long as you are not intoxicated. This has been debated many times and the law is clear on it. The best advice is to not carry while you are drinking but the law is to not carry while you are intoxicated.

And since Texas has a reasonable amount of common sense in their laws, the law on carrying only applies to you. If the weapon is on your person, you cannot be intoxicated, but your wife can be almost as drunk as she wants. It makes no difference to your carrying. As long as she does not try to grab the gun from you, then you can do what you want. And if you are worried about a gun grab by an intoxicated spouse, i suggest that your concealed carry is the least of your problems.

The only gray area I can see is if you have the concealed weapon in the car that you are both occupying and not on your person. If it is available to both of you (say mounted in the center console) and one is intoxicated, there MIGHT be a legal problem for the intoxicated person. I could see where the argument of constructive possession could get dicey in a case like that. I think you would win long term, but it would be an expensive appeal and not guaranteed either.