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Re: Felonies on Record
Posted: Mon Sep 06, 2010 3:46 pm
by baldeagle
TommyV wrote:Yes what is for DWI Driving While Intoxicated. DUI is Driving Under the Influence and it is only enforced for drivers under 21 with zero tolerance. If they detect any amount of alcohol you can be charged with DUI and do not have to be Intoxicated.
I know that's what you think, but can you cite the law that addresses that? I couldn't find it.
Re: Felonies on Record
Posted: Mon Sep 06, 2010 3:53 pm
by Barbi Q
http://www.statutes.legis.state.tx.us/D ... AL.106.htm" onclick="window.open(this.href);return false;
Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor's system.
Re: Felonies on Record
Posted: Mon Sep 06, 2010 3:59 pm
by baldeagle
baldeagle wrote:TommyV wrote:Yes what is for DWI Driving While Intoxicated. DUI is Driving Under the Influence and it is only enforced for drivers under 21 with zero tolerance. If they detect any amount of alcohol you can be charged with DUI and do not have to be Intoxicated.
I know that's what you think, but can you cite the law that addresses that? I couldn't find it.
Never mind. I found it.
ALCOHOLIC BEVERAGE CODE, TITLE 4. REGULATORY AND PENAL PROVISIONS, CHAPTER 106. PROVISIONS RELATING TO AGE
Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor's system.
(b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor.
The exceptions have to do with previous offenses.
Re: Felonies on Record
Posted: Mon Sep 06, 2010 5:06 pm
by hangfour
The TEXAS CONCEALED HANDGUN LAWS 1009-2010 (
http://www.texaschllicense.com/document ... l-laws.pdf" onclick="window.open(this.href);return false;) defines a firearm on page 36 (PC CH 46. WEAPONS)
as any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Then it goes on to exclude daggers, bowie knives, antiques manufactured before 1899 and so on and on and on.
So it looks like a potato gun is a firearm under Texas law!
Re: Felonies on Record
Posted: Thu Sep 15, 2011 1:53 pm
by rlanicek
Been searching for the answer and happened across this thread. I wonder if someone here knows...under Texas state law if a non-CHL is caught carrying an unloaded concealed handgun, would it be a felony or a misdemeanor?
Re: Felonies on Record
Posted: Thu Sep 15, 2011 2:04 pm
by Pawpaw
rlanicek wrote:Been searching for the answer and happened across this thread. I wonder if someone here knows...under Texas state law if a non-CHL is caught carrying an unloaded concealed handgun, would it be a felony or a misdemeanor?
To the best of my knowledge, Texas law says nothing about loaded or unloaded. Carrying a pistol (without a CHL or a few other exemptions) is illegal.
Re: Felonies on Record
Posted: Thu Sep 15, 2011 2:07 pm
by Dave2
rlanicek wrote:Been searching for the answer and happened across this thread. I wonder if someone here knows...under Texas state law if a non-CHL is caught carrying an unloaded concealed handgun, would it be a felony or a misdemeanor?
Definitely take note of my sig on this one, but I do not believe that TX law distinguishes between a load firearm and an unloaded firearm. I do not know if carry a concealed handgun without a CHL is a felony or a misdemeanor, sorry.
Re: Felonies on Record
Posted: Thu Sep 15, 2011 3:54 pm
by boba
rlanicek wrote:Been searching for the answer and happened across this thread. I wonder if someone here knows...under Texas state law if a non-CHL is caught carrying an unloaded concealed handgun, would it be a felony or a misdemeanor?
It depends where you're carrying. On your own property, it's not a crime at all, unless you're a felon or other prohibited person. Walking down the street, it's probably a misdemeanor. Inside a TABC licensed premise (many grocery stores and restaurants) it's a felony.
http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;
Re: Felonies on Record
Posted: Thu Sep 15, 2011 4:01 pm
by AEA
NOT ANY STORES....He said a NON-CHL
Loaded or unloaded makes no difference.
But he should not be carrying off his property unless under authority of MPA.