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03Lightningrocks wrote: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.

E.Marquez wrote:
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

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.

G26ster wrote: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 wrote:

G26ster wrote: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.

RottenApple wrote:

G26ster wrote: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 wrote:

RottenApple wrote:

G26ster wrote: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 wrote:

E.Marquez wrote:
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… "

RottenApple wrote: Well shoot.

E.Marquez wrote:

G26ster wrote:

E.Marquez wrote:
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?

§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.

E.Marquez wrote: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.

03Lightningrocks wrote: