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Nice!

bauerdj wrote: A 1911 would go well with lone star


Dave B.

Is that still made?

The complete pc.49.01 code
§ 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.

pmg47 wrote:The complete pc.49.01 code
§ 49.01. DEFINITIONS. In this chapter:

Yes, that is the definition for Chapter 49.

The offenses in that chapter are:
49.02 - Public Intoxication
49.031 - Possession of Alcohol Beverage in a Motor Vehicle
49.041 - Driving While Intoxicated
49.045 - Driving While Intoxicated with Child Passenger
49.05 - Flying While Intoxicated
49.06 - Boating While Intoxicated
49.065 - Assembling or Operating An Amusement Ride While Intoxicated
49.07 - Intoxication Assault
49.08 - Intoxication Manslaughter
49.09 - Enhanced Offenses and Penalties

"Carrying a handgun while intoxicated" is not a Chapter 49 offense, so the 49.01 definition doesn't apply to 46.035(d). But, if a CHL were to commit an "intoxicated" offense under PC 49 while carrying, then 46.035(d) would certainly apply.

The tricky part is the alternative to the BAC level: 49.01(2)(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". That's a tough one, and it's frequently the basis for PI arrests.

Kevin

46.035
(d) A license holder commits an offense if, while intoxicated, the license holder caries a handgun under the Authority of Subchapter H,Chapter 411, Government Code, regardless of wheather the hangun is concealed.





TEXAS CONCEALED HANDGUN LAWS GC §411.172. 3
(6) "Intoxicated" has the meaning assigned by Section 49.01,
Penal Code.
(7) "Qualified handgun instructor" means a person who is certified
to instruct in the use of handguns by the department.
(8) * *[repealed by Acts 1999, 76th Leg., ch. 62, Section 9.02.]
GC §411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A

Research is your friend.

pmg47 wrote:46.035
(d) A license holder commits an offense if, while intoxicated, the license holder caries a handgun under the Authority of Subchapter H,Chapter 411, Government Code, regardless of wheather the hangun is concealed.





TEXAS CONCEALED HANDGUN LAWS GC §411.172. 3
(6) "Intoxicated" has the meaning assigned by Section 49.01,
Penal Code.
(7) "Qualified handgun instructor" means a person who is certified
to instruct in the use of handguns by the department.
(8) * *[repealed by Acts 1999, 76th Leg., ch. 62, Section 9.02.]
GC §411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A

Research is your friend.

According to DPS at http://www.txdps.state.tx.us/ftp/forms/ls-16.pdf Page 61.

Q: Can I carry a handgun if I am drinking alcohol?
A: No; it is illegal to carry a handgun if you are intoxicated.

Personally, I wouldn't chance it. If you want to take the chance, spend the money, fight it through the courts and set a precedent, knock yourself out. Keep us posted if you decide to take a swing, though, 'cause I'm sure we'd all like a definitive answer from the courts...

I never said I drink while carrying ! I just answered the question as it is written. It is all in the booklet, is says intoxicated not drinking.You would have to know your limits on drinking, i.e weight per drink etc. to determine when you would be intoxicated, and then stop before you were leagally intoxicated.

As for the FAQ... I think it is answered wrong with "no" but then refers to "intoxicated". You can drink if you are NOT intoxicated. You have to be the judge if you want to take the chance.

And no, I will not be the test case, thank you very much.

pmg47 wrote:I never said I drink while carrying ! I just answered the question as it is written. It is all in the booklet, is says intoxicated not drinking.You would have to know your limits on drinking, i.e weight per drink etc. to determine when you would be intoxicated, and then stop before you were leagally intoxicated.

As for the FAQ... I think it is answered wrong with "no" but then refers to "intoxicated". You can drink if you are NOT intoxicated. You have to be the judge if you want to take the chance.

And no, I will not be the test case, thank you very much.

I understand. I would argue that several recent studies have demonstrated that alcohol impairs a person from the first drink, long before they reach the legal limit. I won't carry if I'm drinking, just like I won't drive if I'm drinking. Those are personal rules and I don't expect everyone to follow them. I think it's a foolish risk to take to play with potentially deadly toys when you're in the process of gettiong impaired. Remember, your judgement is one of the first things to go when you're drinking.