TexasCHLforum.com

Ok so here is the scenario.
I go to a friends land and do a little shooting, hunting, etc. I have my CC with me and after we shoot for the day we decide to have a few cold ones, not so many to be at .08BAC but more then one beer. Before departing for home I unload my CC and all my other firearms that I have with me and secure all of them in cases all unloaded, Once again my CC is also locked in its case unloaded.

Now the question, Am I still concidered carrying and subject to get my butt in a sling for carrying while impaired?

Thanks
Joe

I think the answer is, No. You are just transporting. However, I don't know if that poses any problems if you've been drinking. It sounds like it could, but I just don't know. Wait for it ...

If you're drinking without a carry weapon, you're just drinking.

If you're drinking with a carry weapon, you're in "trouble"

If you're weapon is locked in the car, you're not carrying.

Just my opinion.

Once again my CC is also locked in its case unloaded.

That is not considered concealed because it is not "on or about your person".

Seems to me the criteria would be if the gun is on or about the license holder's person. Locked in the trunk would seem to be safe.
Pretty sure on or about means within reach.

Also concealed is NOT part of the criteria.
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.

wford wrote:Seems to me the criteria would be if the gun is on or about the license holder's person. Locked in the trunk would seem to be safe.
Pretty sure on or about means within reach.

What if you're also locked in the trunk?

(Though that generally happens well past .08)

Having a CHL does not prevent you from drinking.
Having a gun on your person and drinking is a problem.
Not having a gun on your person and drinking is not.

The Sarge wrote:Having a CHL does not prevent you from drinking.
Having a gun on your person and drinking is a problem.
Not having a gun on your person and drinking is not.

Well I am glad I have a resource to ask these kind of random questions that come up. I am sure I have another one or two in my head somewhere.
One that I really had not thought of until I was reading some posts on here was ONE IN THE CHAMBER or NOT.
Dang i wish this plastic would show up...already! I know its only been a week, this wait is going to drive me nuts!!

Be very very quieeettte and the leos wont see you.

KD5NRH wrote:

wford wrote:Seems to me the criteria would be if the gun is on or about the license holder's person. Locked in the trunk would seem to be safe.
Pretty sure on or about means within reach.

What if you're also locked in the trunk?

(Though that generally happens well past .08)

I would just hate to get in a mess of trouble for a technicality.

In my CHL class, our sheriff instructor told us that while the legal limit is .08, "there is NO legal limit for CHL holders." While this is NOT the law, if you've been drinking at all and your BAC is still under .08, if your firearm is present with you whether on you or in your vehicle, you run a huge risk of getting your CHL privileges put under severe scrutiny. Your BAC doesn't have to be at .08 to get charged with DUI, it just needs to be at .08 to guarantee you get arrested/charged. We all know that CC is not allowed in bars and such, but if you are going to be drinking and carrying your weapon you run a huge risk of giving the officer enough concern to think that you did anyways. You are better off leaving the weapon at home if you are going to be drinking with your friends, or else if you want to drink and still carry.... stay home and drink. Don't get caught in the gray area of the law. A day out in the country just hanging out with friends, pounding a few beers, doing some plinking... just make sure you are not the one driving.

***But if all your gear is unloaded and packed away in cases and locked in the trunk, I think you give the officer (ymmv) some kind of assurance that you are a responsible gun owner.

There's that "on or about your person" thing. Also the part about "accessible [to you] without materially changing [your] position." I think you're okay if it's in the trunk, locked in a COM safe under the seat, etc.

/agree


out of reach is the key. If you can break it down, all the better! (IMHO)

Bonc_CHL

Yes - always carry a round in the chamber.

When evil presents itself you can't tell him you
need a moment to rack your slide and verify
your loaded chamber indicator on the XD before
you can shoot him. :-)

You should have your bad boy ready to rock and roll
when you carry.

SIA