CHL Rule Changes

[baldeagle]

I agree....but... as with many things in life... I have had a personal experience that has been enlightening. I bet others here can say the same. A couple months back, I damaged a nerve in my neck that caused excruciating pain. I have been on a combination of 10mg valium, 300mg gabapentin, 10/500 hydrocodone four times a day now for about 9 weeks. Now this combination would have knocked me on my rear end and made me unable to function three months back. But No.... thanks to the miracles of the human body, I am now functioning like I have no drugs in my system at all. I don't feel any "intoxication" what so ever from these meds at this point. I have known others who are on an even stronger combination of pain meds and function as well as your minister on Sunday morning.

I said all this because I have wondered a few times how this works. No cop or anyone else would ever know I am on these meds unless I told them I was. So.... am I intoxicated? This post isn't meant to be a challenge... please... i don't need judgemental posts at the moment. i am hoping for an answer I can hang my hat on.

By the way... surgery in the next few weeks will result in three to six months on pain killers. Where does a feller or gal :0) stand in this situation? After all... I am not intoxicated technically.

I was the foreman on a jury that tried a DUI case. We had the definition of DUI drilled into us. "The loss of the normal use of the faculties due to the introduction of alcohol into the bloodstream." As long as you can function normally, you would not meet these definition. Mind you, I don't know if the state defines chemical intoxication the same way. You might want to check the Texas penal laws to see.

[Justin Franklin]

IANAL…As I read the penal code, the only intoxication offense that you could get out of for being on prescribed medications is "Public Intoxication". However, you can still be arrested and wind up having to defend yourself in court.

Sec. 49.01. DEFINITIONS. In this chapter:
(1) "Alcohol concentration" means the number of grams of alcohol per:
(A) 210 liters of breath;
(B) 100 milliliters of blood; or
(C) 67 milliliters of urine.
(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.

Sec. 49.02. PUBLIC INTOXICATION. (a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.
(a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.
(b) It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician.

[Oldgringo]

...you can still be arrested and wind up having to defend yourself in court...

Gentlepersons, the above statement pretty much says it all...

[Charles L. Cotton]

There has been no change in the size requirements for a 30.06 sign. The 1" block letter requirement, as well as the requirement that the sign be in both English and Spanish, are in the code and can be changed only by the Legislature.

The only recent change regarding signs was the creation of a defense to prosecution for entering a 51% location. Previously, the lack of a 51% sign was not a defense to prosecution, but now it is. Perhaps this caused some confusion.

Chas.

[Embalmo]

Well, just color me .

As Rosanne Rosanadana would say, "nevermind".

You're dating yourself.

[Oldgringo]

There has been no change in the size requirements for a 30.06 sign. The 1" block letter requirement, as well as the requirement that the sign be in both English and Spanish, are in the code and can be changed only by the Legislature.

The only recent change regarding signs was the creation of a defense to prosecution for entering a 51% location. Previously, the lack of a 51% sign was not a defense to prosecution, but now it is. Perhaps this caused some confusion.

Chas.

Thank you. Actually, if all of the other requirments; i.e. wording, languages, contrasting colors and conspicuous placement are there, I pretty much consider that the Owner's intentions are clear.

[glbedd53]

I didn't drink very often before, but since I got my CHL, if I'm packin I ain't drinkin. For me the easiest place to cut it off is "0".

[Cobra Medic]

...you can still be arrested and wind up having to defend yourself in court...

Gentlepersons, the above statement pretty much says it all...

It's also good advice for people asking if "printing" is illegal.

[Charles L. Cotton]

There has been no change in the size requirements for a 30.06 sign. The 1" block letter requirement, as well as the requirement that the sign be in both English and Spanish, are in the code and can be changed only by the Legislature.

The only recent change regarding signs was the creation of a defense to prosecution for entering a 51% location. Previously, the lack of a 51% sign was not a defense to prosecution, but now it is. Perhaps this caused some confusion.

Chas.

Thank you. Actually, if all of the other requirments; i.e. wording, languages, contrasting colors and conspicuous placement are there, I pretty much consider that the Owner's intentions are clear.

Correct, but a person cannot be prosecuted based upon a person's intent; the statutory elements of the crime must be present. If the sign does not meet all of the statutory requirements, the elements of the crime aren't present. Close doesn't count when dealing with TPC §30.06.

Chas.

[C-dub]

So, we can't be prosecuted for PI while under a doctor's care, but couldn't we still be had for unlawfully carry a weapon while under the influence? I mean, if there is no "limit" for us, but rather the officer's opinion, couldn't we still be in trouble? Also, I think it's that (2)(A) "normal use of mental or physical faculties" part that would get us into trouble.

[jester]

So, we can't be prosecuted for PI while under a doctor's care, but couldn't we still be had for unlawfully carry a weapon while under the influence? I mean, if there is no "limit" for us, but rather the officer's opinion, couldn't we still be in trouble? Also, I think it's that (2)(A) "normal use of mental or physical faculties" part that would get us into trouble.

Intoxicated is intoxicated. Same as driving. If your meds make you unsafe to drive, don't get behind the wheel. If you're unsafe to carry, don't do that either.

[03Lightningrocks]

There has been no change in the size requirements for a 30.06 sign. The 1" block letter requirement, as well as the requirement that the sign be in both English and Spanish, are in the code and can be changed only by the Legislature.

The only recent change regarding signs was the creation of a defense to prosecution for entering a 51% location. Previously, the lack of a 51% sign was not a defense to prosecution, but now it is. Perhaps this caused some confusion.

Chas.

Thank you. Actually, if all of the other requirments; i.e. wording, languages, contrasting colors and conspicuous placement are there, I pretty much consider that the Owner's intentions are clear.

LOL... if they do change the rules to allow letters under an inch, some folks would be in trouble because they may be able to see well enough to get around but not be able to see well enough to read letters less than one inch tall.

[C-dub]

So, we can't be prosecuted for PI while under a doctor's care, but couldn't we still be had for unlawfully carry a weapon while under the influence? I mean, if there is no "limit" for us, but rather the officer's opinion, couldn't we still be in trouble? Also, I think it's that (2)(A) "normal use of mental or physical faculties" part that would get us into trouble.

Intoxicated is intoxicated. Same as driving. If your meds make you unsafe to drive, don't get behind the wheel. If you're unsafe to carry, don't do that either.

Yup.