Car carry and alcohol?

[Glockster69]

Ron is more smarter than he acts

 

[stx kid]

Uh....yeah......but I'm like the good ole Texas native and comedian Ron White that said "When you've seen one set......you wanna see them ALL!"

+1

 

[TexasBrandon]

Yes because you were there and know my friends. Please don't speak about something you know nothing about. It wasn't that long from when he went out there to when I ended up out there, maybe 20 minutes. Also, not everyone is a stammering idiotic rude and violent drunk.

Dude, you are just so completely off I don't even know where to begin.

1) Regarding your friends arrest: You do not know why he was arrested because you were not there. Perhaps twas your friend who was the prick.

2) Read 411 (h) of the Texas Government Code. You are required to display your CHL if a Peace Officer or magistrate demands you ID yourself; regardless, of what you see a reason for.

 

[txinvestigator]

Yes because you were there and know my friends. Please don't speak about something you know nothing about. It wasn't that long from when he went out there to when I ended up out there, maybe 20 minutes. Also, not everyone is a stammering idiotic rude and violent drunk.

Please check your attitude and your comprehending. Unless you were there to observe the LEO initial contact, subsequent interaction and then arrest, you know about as much about it as do I.

 

[ChunkyMonkey]

Popcorn......

 

[Bithabus]

Popcorn......

Seriously. This place is turning into Glock Talk

 

[txinvestigator]

I agree, I took the CHL class about two weeks ago and was told "zero tolerance" while carrying......thats not a .08 thats a big nothing while carrying.

You were taught wrong. Google Penal code section 46.035. It is unlawful for a person carrying under a CHL to be Intoxicated. You can consume alcohol, lawfully, while carrying. You can also go read the DPS faq number 51. TxDPS - CHL FAQs

 

[ChunkyMonkey]

I just find it funny that when one is presented with facts, or a cited what they were wanting, they still argue the point. Such has happened here. Or the "cop out," blame the police.

 

[hkusp1]

I just find it funny that when one is presented with facts, or a cited what they were wanting, they still argue the point. Such has happened here. Or the "cop out," blame the police.

That's what is wrong with a lot of people, they don't like the rules so they ignore them and act surprised when they get caught doing something they aren't supposed to.

 

[ChunkyMonkey]

Yep.....

 

[40Arpent]

Ok to elaborate on what I posted earler. Years ago, me and my buddy had went out for a couple of drinks, I didn't have any firearm on me at the time so nothing mattered to begin with on my case but he had went out to his car, got in the passenger seat and sat there for awhile for whatever reason it was. Not sure since I was still inside until I came out towards the end seeing him in cuffs. He was in the damn passenger seat and the cop said he was intoxicated and charged him with a DWI. Now from my perspective that is completely bogus as he was in the passenger seat of his car just sitting there with the key in the accessory position (I know this since I had to drive the car back to his place at the end of the night). IT got thrown out in court later with little to no discussion in the end. My whole post was based around that fact that alcohol and guns don't mix at any point. It is completely up to the officers discretion in the end and he just happened to get a cop that decided he wanted to be a prick. As far as the CHL and drivers license deal goes, I got pulled over once about 6 months ago and never displayed it and the cop never said anything. Either he didn't care or as someone else stated, you no longer have to. Personally, I don't see any reason to have to display a CHL license to any peace officer when being pulled over for any reason.

How does any of that attempt to prove the following incorrect statements:

Driving with alcohol in your system is an offense...
Regardless, any alcohol in your system is an offense

 

[Driller]

According to the Texas Penal Code, 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.​

 

[txinvestigator]

According to the Texas Penal Code, 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.​

You copied that from the DPS faq quite nicely.

 

[lalonguecarabine]

And the thread begins to disintegrate into the arena of "sea-lawyers".

Regarding the op's initial post:

I understand that if you have a CHL it is an offense to be "intoxicated" while carrying.

My question is this: can you have your firearm in your vehicle (thank you Castle Doctrine) and go out to the bar for a drink or two and then drive back home without committing a firearm related offense? Is the law regarding this (if any) the same if you have a CHL or if you do not?

I currently do not have my CHL (yet) and I like to keep my firearm near by in my car. I don't however, want to get in trouble if I go out and have one or two drinks at the bar with my friends and then have an issue with the police because I have a firearm in the vehicle. (Set aside any possible DUI offenses, but then again I don't drive after 3 drinks so its not an issue).

I don't believe Castle Doctrine applies to vehicles. They simply removed the old "traveling" provision. Correct me if I'm wrong.

If you routinely car carry, and are asked to go out for a drink or two by a buddy or co-worker, just lock it up! Then, go in the bar - socialize - have a fun time - and be responsible!
Regardless of what some others may post on here, if you end up having problems with some LEO, then you likely were doing something wrong in the first place!

 

[txinvestigator]

And the thread begins to disintegrate into the arena of "sea-lawyers".

Regarding the op's initial post:


I don't believe Castle Doctrine applies to vehicles. They simply removed the old "traveling" provision. Correct me if I'm wrong.

If you routinely car carry, and are asked to go out for a drink or two by a buddy or co-worker, just lock it up! Then, go in the bar - socialize - have a fun time - and be resDocgri
Regardless of what some others may post on here, if you end up having problems with some LEO, then you likely were doing something wrong in the first place!

The Castle Doctrine applies to your vehicle, but it has nothing to do with where you can carry. It relates to when force can be used.

Traveling still remains as a non applicability to PC 46.02.

 

[Driller]

You copied that from the DPS faq quite nicely.

Thank you...Personally I do choose to not drink if I am carrying...which is most all the time. I have nothing against having a couple drinks but I prefer to be able to make clear choices if that would involve ending someones life to protect mine or my families. Most of my beer drinking involves me at the house flipping burgers outside on the grill or watching a football game at the house.

 

[txinvestigator]

Thank you...Personally I do choose to not drink if I am carrying...which is most all the time. I have nothing against having a couple drinks but I prefer to be able to make clear choices if that would involve ending someones life to protect mine or my families. Most of my beer drinking involves me at the house flipping burgers outside on the grill or watching a football game at the house.

I am the same.

 

[lalonguecarabine]

The Castle Doctrine applies to your vehicle, but it has nothing to do with where you can carry. It relates to when force can be used.

Traveling still remains as a non applicability to PC 46.02.

Ah. I see (I think... ). I'm definitely no lawyer!

 

[BigD24]

Thank you...Personally I do choose to not drink if I am carrying...which is most all the time. I have nothing against having a couple drinks but I prefer to be able to make clear choices if that would involve ending someones life to protect mine or my families. Most of my beer drinking involves me at the house flipping burgers outside on the grill or watching a football game at the house.

+2

 

[kirk10100]

You were taught wrong. Google Penal code section 46.035. It is unlawful for a person carrying under a CHL to be Intoxicated. You can consume alcohol, lawfully, while carrying. You can also go read the DPS faq number 51. TxDPS - CHL FAQs

yikes! Our CHL instructor also told us that we are not allowed to carry if we have consumed any amount of alcohol. He stated that if stopped by a LEO and any amount of alcohol was detected, while carrying, we could be arrested.