CCW stored in parked vehicle while drinking.

[brett3858]

So some buddies and I want to go to the beach in freeport and camp overnight, we will be bbq'ing and having some drinks throught the night. I understand that you may not carry on your person with any alcohol whatsoever in your system, and I do not intend to actually carry my weapon on my person while I'm drinking nor do I intend to drive the vehicle during drinking. However, since the beach is a secluded place I would like to have it in the vehicle just in case I have any problems out there. Would it be a smart idea just to leave my weapon at home in a case like this?

[Waco1959]

From the DPS website:

35. Can I carry a handgun when I am drinking alcohol?

§46.035, Texas Penal Code states that it is unlawful for an individual who is intoxicated to carry a handgun. It is important to note that the Penal Code defines “intoxicated” as 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 in the body.

[A-R]

I understand that you may not carry on your person with any alcohol whatsoever in your system,

You understand incorrectly. You may not carry while you are "intoxicated" - same as driving. But important to remember that NEITHER is solely dependent on the overstated 0.08% blood-alcohol concentration. You can be legally intoxicated in either case with less that 0.08% BAC, of you meet definition quoted above.

[jmra]

I think the answer to your question will vary with each individual. It is all a matter of discipline. There are some people who should not even consider having the car close to the activity you mentioned because they do not have the discipline to not act the fool when they get a few drinks in their system.
Legal definitions aside, I am one that believes that alcohol and guns do not mix. If you are going to have more than a few drinks or you are one who quickly loses count of how many drinks you have had, I would leave the gun at home. I would also consider the maturity level and discipline of those with me in that decision process.
Please note that I do not drink alcohol at all so my opinion might be more biased than others.

[gringo pistolero]

If you need to leave the gun at home, you should REALLY leave the car at home too. Drunk drivers kill a lot more people than drunks with concealed handguns.

[JALLEN]

Are you worried about having the weapon stolen while stashed in the vehicle, or you digging it out after you discover someone cheating you at poker and blasting him in a drunken rage?

There are ways to secure a weapon in a vehicle reasonably safely, from all but the most determined thief, but if there is any other worry than that, I'd leave it at home.

[brett3858]

If you need to leave the gun at home, you should REALLY leave the car at home too. Drunk drivers kill a lot more people than drunks with concealed handguns.

I don't even drive after having one drink, it's not an issue of control on my part that I would be worried about. My CCW or any other firearm for that matter is to be used only in a life or death situation, alcohol involved or not! I plan on parking and not leaving until the morning so driving after drinking will not be a factor either. My question was specifically from a legal standpoint, the section quoted earlier in the post specifies "carrying", my question is, with a CHL, will possession of the weapon in the vehicle and not on my person be considered "carrying". To me it's just a shame that you might have to leave your weapon at home in situations like this, I think if you can't be trusted with a weapon while intoxicated you shouldn't be trusted with one sober. I could get totally wasted while carrying and I guarantee with 100% assurance that I would not use my weapon irresponsibly. If there's even a slight chance that someone may use their weapon while under the influence any differently than they would sober they shouldn't be carrying in the first place!!!

[G26ster]

If you need to leave the gun at home, you should REALLY leave the car at home too. Drunk drivers kill a lot more people than drunks with concealed handguns.

I think if you can't be trusted with a weapon while intoxicated you shouldn't be trusted with one sober. I could get totally wasted while carrying and I guarantee with 100% assurance that I would not use my weapon irresponsibly.

Really? You may be the exception, but not too many people have the same cognitive, judgement, or coordination skills when "totally wasted," as they do when sober. Why do you think the simple act of DWI is a crime, when driving while sober is not? "Office honester, I'm not as drunk as some thinkle peep I am."

[Ericstac]

Back to your question, what I did in my younger carrying days when I would end up In a drinking situation was to strip my gun, unload ammo from clip..lol.. And put empty clip, barrel and slide in locked glove box and put the rest of gun and ammo in trunk. So if a something came up where I was questioned by police and a gun came up I would hopefully have done enough safety precaution to prevent any gun related charges... Right or wrong, it's what I did. Nowadays I choose not to drink, but I will leave that smart decision for you later on to decide.

[jmra]

There's always nonalcoholic beer, but (as I've been told) "where's the fun in that?"

[nightmare69]

From the DPS website:

35. Can I carry a handgun when I am drinking alcohol?

§46.035, Texas Penal Code states that it is unlawful for an individual who is intoxicated to carry a handgun. It is important to note that the Penal Code defines “intoxicated” as 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 in the body.

I was told by our CHL instructor you could drink but not be *impaired*. There is no legal definition or blood alcohol level of impaired so how is this determined? It is up to the arresting officer to determine if you are impaired.

[Natesac]

This is an interesting question/thread.

In this scenario the the weapon is in a parked vehicle and the OP is not going to be getting into said vehicle for the night. I would think a reasonable person would agree that you are not carrying. You simply have access to a firearm after you walk to your vehicle, unlock the door, and retrieve it from concealment inside the vehicle.

In my'(not a lawyer) opinion this is no different than having drinks in your back yard with guns sitting in a safe inside the house.

I'd say as long as you're allowed to be/park/drink wherever it is you're camping, and will stay out of the vehicle, go for it.