TexasCHLforum.com

Here's the problem. A CHL can be more restrictive than under MPA. For instance an MPA could have a glass of wine or a beer with dinner and drive home with a loaded weapon in the car.

As a CHL, the rule is no alcohol? Or is it just intoxicated?

Is this one of those 'open to interpretation things' or the same limits as driving while intoxicated?

My solution so far is to unload the gun and separate the ammo from the gun prior to drinking. (gun center console, ammo and clip in glovebox)

§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.

My understanding is the law says 'intoxicated' but does not reference a legal limit as driving does.

My response to that is "I'll have a iced tea, thank you" any time I'm carrying.

(I don't think a single beer would cause loss of my faculties or control - but I'm not going to put myself in a spot where I wouldn't blow 0.00 if I'm carrying. My wife can have the glass of wine or two with dinner, I'll live vicariously through her )

anomie wrote:My response to that is "I'll have a iced tea, thank you" any time I'm carrying.

I don't remember what the CHL instructor said during my training, but in my mind, I "heard" him say is that the only acceptable blood-alcohol level is 0.00.

MaxBerlin wrote:My solution so far is to unload the gun and separate the ammo from the gun prior to drinking. (gun center console, ammo and clip in glovebox)

If you have a trunk, lock the gun in your trunk, keeping the ammo separate. This might just be that I lived in California for a long time, but I wouldn't be surprised to see gun in console and loaded magazine in glove box treated as it still being on or about your person if you landed in a spot where they really wanted to hit you with some kind of charge.

Again, I think the best advice is, carrying == don't drink, driving == don't drink ( i think i read somewhere that the leading reason for chl suspension/revocation is DUI charges and convictions - so why risk it?)

Intoxicated is intoxicated. Somebody too drunk to carry a handgun is too drunk to drive.

There's no "one drop rule" except in hypodescent laws.

Loaded or unloaded a gun in the console is carrying. Intoxicated in as far as carrying is 0.00

docbrazos wrote:Intoxicated in as far as carrying is 0.00

That's a fine personal policy but it's not what Texas law says, regardless what some incompetent instructors teach.

MaxBerlin wrote:Here's the problem. A CHL can be more restrictive than under MPA. For instance an MPA could have a glass of wine or a beer with dinner and drive home with a loaded weapon in the car.

As a CHL, the rule is no alcohol? Or is it just intoxicated?

Is this one of those 'open to interpretation things' or the same limits as driving while intoxicated?

My solution so far is to unload the gun and separate the ammo from the gun prior to drinking. (gun center console, ammo and clip in glovebox)

§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.

Intoxication has the same meaning for carrying, driving or any other intoxication offense unless intoxicated is defined in the statute referenced. See my post here for a good explanation for CHL http://texaschlforum.com/viewtopic.php? ... 35#p836835" onclick="window.open(this.href);return false;

I think the glove box is considered in Texas to still be "within reach". Sorry, I may be reading this wrong, but if you are asking where to put firearm, ammo, magazine, etc..., while one drinks and drives (even within legal limits), then the answer for me is leave it at home or unload and lock in the trunk. Oh, did I say leave it at home...?

I love a coldy from time-to-time myself, but never when driving. And absolutely never when driving while armed.

MaxBerlin wrote: For instance an MPA could have a glass of wine or a beer with dinner and drive home with a loaded weapon in the car.

Who said that? MPA, CHL, or nothing, it doesn't matter. Firearms and alcohol do not mix, and if carrying and caught while intoxicated you are looking at serious problems. Someone please correct me if I am wrong.

I wonder how many CHL + alcohol threads are on this forum. Got to be a bunch. Seems like everyone of them starts and ends the same way. Can always count on KeithB setting the record straight.
Thanks Keith.

Well, I don't drink all that much, but when i do, I always keep my CHL with me.

Seems like a bit too much trouble to go through to pull it out from behind my driver's license, just because I'm going to have a sip.

Oh, but the gun stays locked in the lockbox in the car.

my personal policy - NOT LAW - is zero drinking when I have gun.

if I am going to have a drink, the gun stays at home - NOT locked up in the car somewhere.

Again, not LAW, by my policy.

Others above have stated what I believe the law is

docbrazos wrote:Loaded or unloaded a gun in the console is carrying. Intoxicated in as far as carrying is 0.00

No sir, never has been.. Often discussed, and then the law as it really is gets cited, talked about,,,, and we find,, folks were misinformed or replacing what the law says with personal opinion..when the two are not the same..

If a personal decision is made not to drink and carry, thats great, and I agree.. but the LAW makes no such requirement.. Only that you not be intoxicated, which has definition should you wish to look it up..

I like that instructors teach common sense, I just wish they would learn the law they want to discuss or not misstate the truth because of personal bias / opinions... Tell the truth, the whole truth and the reason you choose otherwise and let the adults in the class make an adult personal INFORMED choice...

The completion of your title is .....is a really bad idea.

docbrazos wrote:Loaded or unloaded a gun in the console is carrying. Intoxicated in as far as carrying is 0.00

Then every human being is intoxicated by definition.