TexasCHLforum.com

Why do some people think drinking is equal to getting drunk?

WildBill wrote:Why do some people think drinking is equal to getting drunk?

personal experience or lack thereof.

RoyGBiv wrote:

WildBill wrote:Why do some people think drinking is equal to getting drunk?

personal experience or lack thereof.

Good answer! I didn't think of that.

Riddle me this...

Since these statues only cover CHLers carrying while intoxicated, where does it cover people carrying under the MPA being intoxicated?

steveincowtown wrote:Riddle me this...

Since these statues only cover CHLers carrying while intoxicated, where does it cover people carrying under the MPA being intoxicated?

Same place as you end up as a CHL holder, TPC 49.04 if they are behind the wheel. TPC 49.01 covers intoxication definition for DWI and CWI.

Keith B wrote:

bones281 wrote:I pertty much agree with everyone on here about drinking and guns. From what I was told in my CHL class, you do not need to have a CHL to have a gun concealed in your vehicle, but you do need a CHL to carry the gun on your person while in your vehicle.

Actually, you do not. All that is required it must be concealed from view. You can have it on your person legally. HOWEVER, I don't believe it is a good idea because if you have to quickly exit the vehicle in an emergency or for some other reason you would be in violation of the law without a CHL.

Wow then it makes me wonder what else my CHL instructor told me that was wrong. I remember asking him if we could carry on our person will in a vehicle without a CHL and he said the law only allows you to have a gun concealed within your vehicle and not on your person. I asked this because my wife hasn't gotten her CHL yet and she does a lot of driving around.

WildBill wrote:Why do some people think drinking is equal to getting drunk?

For some it is the same.....

steveincowtown wrote:Riddle me this...

Since these statues only cover CHLers carrying while intoxicated, where does it cover people carrying under the MPA being intoxicated?

There is no separate offense for non CHL holders like there is for CHL holders. A CHL holder who drives drunk with his handgun could be charged with DWI and a violation of Penal Code 46.035, Unlawful Carry of a Handgun By a License Holder (commonly called Carry while Intoxication).

A person without a CHL who carries a handgun in his car while intoxicated can be charged with DWI and Unlawful Carrying Weapons.

Penal Code 46.02 is Unlawful Carrying Weapons. It states that a person commits an offense if he carries a handgun on or about his person inside of a motor vehicle while engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic. (boating intentionally left out of my response). DWI is a other than a class C misdemeanor. Therefore, DWI makes one in violation of 46.02 if carrying a handgun.

bones281 wrote:

Keith B wrote:

bones281 wrote:I pertty much agree with everyone on here about drinking and guns. From what I was told in my CHL class, you do not need to have a CHL to have a gun concealed in your vehicle, but you do need a CHL to carry the gun on your person while in your vehicle.

Actually, you do not. All that is required it must be concealed from view. You can have it on your person legally. HOWEVER, I don't believe it is a good idea because if you have to quickly exit the vehicle in an emergency or for some other reason you would be in violation of the law without a CHL.

Wow then it makes me wonder what else my CHL instructor told me that was wrong. I remember asking him if we could carry on our person will in a vehicle without a CHL and he said the law only allows you to have a gun concealed within your vehicle and not on your person. I asked this because my wife hasn't gotten her CHL yet and she does a lot of driving around.

Here is the law; (red font my emphasis)

Texas Penal Code
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
.
.
.

A person commits an offense if he has a handgun on or about his person. If you are in a motor vehicle, you do not violate that law. So carry on or about your person inside a motor vehicle is not a violation (unless you violated (a-1))

Make sense?

jbarn wrote:A person without a CHL who carries a handgun in his car while intoxicated can be charged with DWI and Unlawful Carrying Weapons.

Correct if they are the driver. However, if it's their car and somebody else (sober) is driving, it may not be illegal in Texas.

tbrown wrote:

jbarn wrote:A person without a CHL who carries a handgun in his car while intoxicated can be charged with DWI and Unlawful Carrying Weapons.

Correct if they are the driver. However, if it's their car and somebody else (sober) is driving, it may not be illegal in Texas.

Well no kidding. A person not driving cannot be charged with DWI.

If the officer has reasonable suspicion to believe you are impaired while carrying you will be taking a ride to the county jail. You don't have to be legally intoxicated to be impaired. What I do is if I plan on having more than 1 drink, I go to my truck and disarm.

tbrown wrote:

jbarn wrote:A person without a CHL who carries a handgun in his car while intoxicated can be charged with DWI and Unlawful Carrying Weapons.

Correct if they are the driver. However, if it's their car and somebody else (sober) is driving, it may not be illegal in Texas.

If they are not driving, then they must be the owner of the vehicle or they can't have a gun in it without a CHL.

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.

nightmare69 wrote:If the officer has reasonable suspicion to believe you are impaired while carrying you will be taking a ride to the county jail. You don't have to be legally intoxicated to be impaired. What I do is if I plan on having more than 1 drink, I go to my truck and disarm.

Yes, you do have to be legally Intoxicated to he impaired. One must be the legal definition of intoxication to be arrested.

And he needs probable cause. A much higher standard than reasonable suspicion.

jbarn wrote:

nightmare69 wrote:If the officer has reasonable suspicion to believe you are impaired while carrying you will be taking a ride to the county jail. You don't have to be legally intoxicated to be impaired. What I do is if I plan on having more than 1 drink, I go to my truck and disarm.

Yes, you do have to be legally Intoxicated to he impaired. One must be the legal definition of intoxication to be arrested.

In theory yes but I think mi tocayo is right in practice. Some bullies will make their victims take a ride to jail because of their personal prejudices even when there's no crime. Sometimes they throw in a free taser ride.