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Let's say I go to my buddy's house and go above the "intoxicated" limit of .08 at his house. Am I allowed to carry? He knows I carry and has said It's okay to have my gun on his property. If the answer is yes, does the whole intoxicated concept just apply to public areas? Thanks. Sorry if this is a stupid question, because yes there is such thing as a stupid question.

WyattP wrote:Let's say I go to my buddy's house and go above the "intoxicated" limit of .08 at his house. Am I allowed to carry?

It's illegal for you to carry a handgun on his property while intoxicated but you can carry a shotgun.

Thanks for the response man.

tbrown wrote:

WyattP wrote:Let's say I go to my buddy's house and go above the "intoxicated" limit of .08 at his house. Am I allowed to carry?

It's illegal for you to carry a handgun on his property while intoxicated but you can carry a shotgun.

How stupid a lot of laws are, I'm not just talking gun laws.

OK, I'll say it. If you are going to drink, let me rephrase that, if you are going to get drunk do not carry...

You say you are at "your buddy's house." How are you going to get home? Drive? Take a Cab so you are now "drunk" in public with a gun?

It's not worth the felony rap.

Maxwell wrote:OK, I'll say it. If you are going to drink, let me rephrase that, if you are going to get drunk do not carry...

You say you are at "your buddy's house." How are you going to get home? Drive? Take a Cab so you are now "drunk" in public with a gun?

It's not worth the felony rap.

Okay I'll break it down more. I live in apartment complex where there have been 30+ break ins to cars since August (despite our fences/gates). Plus we live extremely close to a rather underprivileged portion of town. I'm in an off campus apartment complex to a University I attend. 99% of all my friends/teammates live in the same complex. I'm the biggest person against drinking and driving so I was just wondering. I have seen that other states have upholded the right to defend yourself despite your "intoxication".

Break ins are not equal to armed robbery.

Changing the situation you describe will still not sway the majority of regular posters to all of a sudden endorse being drunk and carrying.

After having done wetlabs in some advanced DWI schooling, I can tell
You that the average person at a .08 BAC is pretty messed up.

gigag04 wrote:Break ins are not equal to armed robbery.

Changing the situation you describe will still not sway the majority of regular posters to all of a sudden endorse being drunk and carrying.

After having done wetlabs in some advanced DWI schooling, I can tell
You that the average person at a .08 BAC is pretty messed up.

I do agree with you and everyone else who posted. Just was curious on the law aspect of it. The camps PD came out yesterday and said the armed robbery of apartments rumor was untrue, but the fact that 20+ Cars had been broken into in my gated community still remains. Thanks for the comments guys

I had an occasion that I had too much to drink at crawfish boil at a friend's house. I had left the gun in the trunk of the car, and stored the magazine separately in the front. My wife drove home that evening. I put as much distance as I could between me, the gun, and the ammo until we got home. As someone mentioned , it just isn't worth the rap or the ride.

WyattP wrote:Let's say I go to my buddy's house and go above the "intoxicated" limit of .08 at his house. Am I allowed to carry? He knows I carry and has said It's okay to have my gun on his property. If the answer is yes, does the whole intoxicated concept just apply to public areas? Thanks. Sorry if this is a stupid question, because yes there is such thing as a stupid question.

.08% is not a limit, and a person need not reach that BAC to be intoxicated.

You need a CHL to caary a handgun on property that is not yours or that is not under your control. That means you need a CHL to carry at your buddy's house. Under penal code 46.035, it is an offense to carry while intoxicated. No restriction to public places is made in the law; therfore, it is unlawful to be intoxicated while carrying your handgun at your buddy's hoise.

WyattP wrote:

Maxwell wrote:OK, I'll say it. If you are going to drink, let me rephrase that, if you are going to get drunk do not carry...

You say you are at "your buddy's house." How are you going to get home? Drive? Take a Cab so you are now "drunk" in public with a gun?

It's not worth the felony rap.

Okay I'll break it down more. I live in apartment complex where there have been 30+ break ins to cars since August (despite our fences/gates). Plus we live extremely close to a rather underprivileged portion of town. I'm in an off campus apartment complex to a University I attend. 99% of all my friends/teammates live in the same complex. I'm the biggest person against drinking and driving so I was just wondering. I have seen that other states have upholded the right to defend yourself despite your "intoxication".

The law refernced here has nothing to do with defending yourself. Those laws are in chapter 9 of the penal code, and they do not remove any self defense justification based on intoxication.

The carry laws prevent you from carry under a CHL while intoxicated.

What is more important, your gun and the right to carry it or a few beers.

jbarn wrote:.08% is not a limit

Yes it is. Anyone "having an alcohol concentration of 0.08 or more" is intoxicated in Texas whether or not they show it.

jbarn wrote:

WyattP wrote:Let's say I go to my buddy's house and go above the "intoxicated" limit of .08 at his house. Am I allowed to carry? He knows I carry and has said It's okay to have my gun on his property. If the answer is yes, does the whole intoxicated concept just apply to public areas? Thanks. Sorry if this is a stupid question, because yes there is such thing as a stupid question.

.08% is not a limit, and a person need not reach that BAC to be intoxicated.

You need a CHL to caary a handgun on property that is not yours or that is not under your control. That means you need a CHL to carry at your buddy's house. Under penal code 46.035, it is an offense to carry while intoxicated. No restriction to public places is made in the law; therfore, it is unlawful to be intoxicated while carrying your handgun at your buddy's hoise.

gringo pistolero wrote:

jbarn wrote:.08% is not a limit

Yes it is. Anyone "having an alcohol concentration of 0.08 or more" is intoxicated in Texas whether or not they show it.

It is not a lower limit, but an upper limit.