Can I carry a handgun if I am drinking alcohol?

[E.Marquez]

I grew up USING guns my whole life. I typed USING because that is not the same thing as being AROUND guns my whole life. I'm from a family of hunters from many generations gone by. We always were taught, for as long as I can remember, that guns and alcohol don't mix. This was always the rule for hunting and fun nights after hunting.

I find it somewhat unique to this forum that we worry about the legalities rather than the common sense of drinking while carrying. Guns and alcohol do not mix. Whether it is for hunting game animals or self defense. I am of the opinion that behavior that walks on the fine line of legal does not make it acceptable behavior.

Perhaps it is because "Common Sense" is ambiguous at best, and a sliding scale from one person to another.
A legal definition has a better understanding and can be a common discussion point, then ones personal interpretation of "Common Sense"

I prefer to cite the law, statute or regulation and then caveat with my personal opinion.

The law says it is a violation to conceal carry while intoxicated, the law has a definition of intoxicated as it pertains to driving and carrying concealed. We should discuss and follow the law as written.

We can also discuss our personal opinion, as to common sense and carrying while drinking.
I personally do not ever intend to drink while carrying a fire arm.
I have and will likely again on occasion while carrying a concealed handgun during the course of sitting down for a few hours eating dinner, have a beer… likely, by the time I finish dinner, pay the bill and get to my vehicle, my BAC will be almost unreadable on a field sobriety test… and without a doubt miles below the statute assumed intoxicated level of .08

[03Lightningrocks]

I just remembered a scene from a show called Mad Men on AMC. I think it was the first season. One of the characters on the show had his boss over for dinner. His boss was so drunk he could hardly stand. He walked his boss to the door, and watched his drunk boss get into a car and drive off. Now for the best part. He made his boss a drink for the road that his boss carried to his car with him. The second funniest part was when he hollered out the door to his boss, no Roger, thats the wrong car... then after a hesitation said... yeah that one is yours... GOODNIGHT!.

It is funny how attitudes about drinking have changed over the years. That show was based in the mid to late 60's. I can remember when driving with a beer opened in Texas was OK. We could buy beer at 18. Little off topic but ironic just the same.

[G26ster]

I prefer to cite the law, statute or regulation and then caveat with my personal opinion.

The law says it is a violation to conceal carry while intoxicated, the law has a definition of intoxicated as it pertains to driving and carrying concealed. We should discuss and follow the law as written.

We can also discuss our personal opinion, as to common sense and carrying while drinking.
I personally do not ever intend to drink while carrying a fire arm.
I have and will likely again on occasion while carrying a concealed handgun during the course of sitting down for a few hours eating dinner, have a beer… likely, by the time I finish dinner, pay the bill and get to my vehicle, my BAC will be almost unreadable on a field sobriety test… and without a doubt miles below the statute assumed intoxicated level of .08

It seems, under the law, you are OK under (B), but isn't it the opinion of the officer, as to what he/she observes, whether you meet (A) or not? Obviously (B) leaves no doubt. Your statement, "I personally do not ever intend to drink while carrying a fire arm." is in contradiction to your statement, "I have and will likely again on occasion while carrying a concealed handgun during the course of sitting down for a few hours eating dinner, have a beer… "
I could be wrong, but I always thought that it was (A) OR (B) that determined intoxication.

CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
Sec. 49.01. DEFINITIONS. In this chapter:
(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.

[RottenApple]

It seems, under the law, you are OK under (B), but isn't it the opinion of the officer, as to what he/she observes, whether you meet (A) or not? Obviously (B) leaves no doubt. Your statement, "I personally do not ever intend to drink while carrying a fire arm." is in contradiction to your statement, "I have and will likely again on occasion while carrying a concealed handgun during the course of sitting down for a few hours eating dinner, have a beer… "
I could be wrong, but I always thought that it was (A) OR (B) that determined intoxication.

CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
Sec. 49.01. DEFINITIONS. In this chapter:
(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.

You are correct. (A) is completely subjective while (B) is objective. But thats only for DWI. There is no definition of intoxicated for CC and nothing in the CHL laws regarding carrying while intoxicated references the PC for DWI's definition of intoxicated. So we can't use that to go by. We either need a definition written into the CHL laws or we need a reference to TPC 49.01 for its definition.

[ScottDLS]

It seems, under the law, you are OK under (B), but isn't it the opinion of the officer, as to what he/she observes, whether you meet (A) or not? Obviously (B) leaves no doubt. Your statement, "I personally do not ever intend to drink while carrying a fire arm." is in contradiction to your statement, "I have and will likely again on occasion while carrying a concealed handgun during the course of sitting down for a few hours eating dinner, have a beer… "
I could be wrong, but I always thought that it was (A) OR (B) that determined intoxication.

CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
Sec. 49.01. DEFINITIONS. In this chapter:
(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.

You are correct. (A) is completely subjective while (B) is objective. But thats only for DWI. There is no definition of intoxicated for CC and nothing in the CHL laws regarding carrying while intoxicated references the PC for DWI's definition of intoxicated. So we can't use that to go by. We either need a definition written into the CHL laws or we need a reference to TPC 49.01 for its definition.

Like the one here?
CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS
Subch. H. LICENSE TO CARRY A CONCEALED HANDGUN
GC §411.171. DEFINITIONS. In this subchapter:
...
(6) “Intoxicated” has the meaning assigned by Section 49.01, Penal Code.
...

[G26ster]

It seems, under the law, you are OK under (B), but isn't it the opinion of the officer, as to what he/she observes, whether you meet (A) or not? Obviously (B) leaves no doubt. Your statement, "I personally do not ever intend to drink while carrying a fire arm." is in contradiction to your statement, "I have and will likely again on occasion while carrying a concealed handgun during the course of sitting down for a few hours eating dinner, have a beer… "
I could be wrong, but I always thought that it was (A) OR (B) that determined intoxication.

CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
Sec. 49.01. DEFINITIONS. In this chapter:
(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.

You are correct. (A) is completely subjective while (B) is objective. But thats only for DWI. There is no definition of intoxicated for CC and nothing in the CHL laws regarding carrying while intoxicated references the PC for DWI's definition of intoxicated. So we can't use that to go by. We either need a definition written into the CHL laws or we need a reference to TPC 49.01 for its definition.

Where does it say it's only for DWI?

[RottenApple]

It seems, under the law, you are OK under (B), but isn't it the opinion of the officer, as to what he/she observes, whether you meet (A) or not? Obviously (B) leaves no doubt. Your statement, "I personally do not ever intend to drink while carrying a fire arm." is in contradiction to your statement, "I have and will likely again on occasion while carrying a concealed handgun during the course of sitting down for a few hours eating dinner, have a beer… "
I could be wrong, but I always thought that it was (A) OR (B) that determined intoxication.

CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
Sec. 49.01. DEFINITIONS. In this chapter:
(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.

You are correct. (A) is completely subjective while (B) is objective. But thats only for DWI. There is no definition of intoxicated for CC and nothing in the CHL laws regarding carrying while intoxicated references the PC for DWI's definition of intoxicated. So we can't use that to go by. We either need a definition written into the CHL laws or we need a reference to TPC 49.01 for its definition.

Like the one here?
CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS
Subch. H. LICENSE TO CARRY A CONCEALED HANDGUN
GC §411.171. DEFINITIONS. In this subchapter:
...
(6) “Intoxicated” has the meaning assigned by Section 49.01, Penal Code.
...

Well shoot.

[E.Marquez]

It seems, under the law, you are OK under (B), but isn't it the opinion of the officer, as to what he/she observes, whether you meet (A) or not? Obviously (B) leaves no doubt. Your statement, "I personally do not ever intend to drink while carrying a fire arm." is in contradiction to your statement, "I have and will likely again on occasion while carrying a concealed handgun during the course of sitting down for a few hours eating dinner, have a beer… "

Yes and no.. What I mean is.. I don't walk out the door carrying concealed with the intent to go drinking.... a plan,, leave house,, drink,, carry.

But I have, decided to have dinner with the wife or friends...while carrying... and on occasion, when I know it's not a drink a beer and jump right in to a car and drive situation,, but a longer relax, enjoy company talk, eat, talk, eat, go see a movie, drive home.. Had a beer with dinner.

I've also decided to disarm, and store the gun while being giving a ride home (so it's not in my position or control)

Is that more clear?

[E.Marquez]

Well shoot.

Thats TWICE in this same thread...

[03Lightningrocks]

It seems, under the law, you are OK under (B), but isn't it the opinion of the officer, as to what he/she observes, whether you meet (A) or not? Obviously (B) leaves no doubt. Your statement, "I personally do not ever intend to drink while carrying a fire arm." is in contradiction to your statement, "I have and will likely again on occasion while carrying a concealed handgun during the course of sitting down for a few hours eating dinner, have a beer… "

Yes and no.. What I mean is.. I don't walk out the door carrying concealed with the intent to go drinking.... a plan,, leave house,, drink,, carry.

But I have, decided to have dinner with the wife or friends...while carrying... and on occasion, when I know it's not a drink a beer and jump right in to a car and drive situation,, but a longer relax, enjoy company talk, eat, talk, eat, go see a movie, drive home.. Had a beer with dinner.

I've also decided to disarm, and store the gun while being giving a ride home (so it's not in my position or control)

Is that more clear?

If we were being honest, I bet many of us have done the very same thing. Like you said, I would never carry if I was planning to go out with the buds drinking. I would end up shooting myself...LOL. On the other hand, I can't swear that iI have never had a drink with dinner and later went home perfectly sober. All while carrying. I haven't made a habit of it and cannot really remember when I did it... I am just not willing to swear I haven't. I am too much of a cheap skate to pay the going rate for drinks in a restaurant anyway.

[G26ster]

I think it's real simple and an individual decision IMHO. YMMV. Here is an answer from the DPS FAQ page.

§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.

[sunny beach]

We can also discuss our personal opinion, as to common sense and carrying while drinking.
I personally do not ever intend to drink while carrying a fire arm.

I personally don't intend to carry a .22 but it would be irresponsible to trick people into thinking it's illegal.

[03Lightningrocks]

[ScottDLS]

Awww...come on...it's fun.

Plus lots of new forum members who aren't going to go back thru 6+ years of posts...


You know there is actually a strong argument that is is legal to open carry a (properly registered) machine gun on your own property, while "drunk as a skunk"..legal definition INTOXICATED (PC 49.01)... I didn't say it was advisable, or a good idea, or moral...

Let the flaming begin

[TexasGal]

What I find so interesting is there are so many people who want to endlessly split legal hairs to be able to tell themselves they can carry a gun and drink.
I have to wonder why they are willing to risk:
A long car ride in bracelets.
Hoping someone picks up the phone during your one call.
Missed work.
Explanations to people they would rather not tell.
Loss of credibility.
Money out the wazoo.
Risking your ability to carry at all for a long time.
Etc.

All for a drink?
For me it is not worth it.