CHL carrying after drinking at restaurant

[cjr1]

I just completed my CHL class and they said that there is "no legal limit" to alcohol when carrying and that means you cannot carry a gun or have it in the car if you go to a restaurant and have wine or beer with dinner. if you do, you are committing and offense while carrying a handgun. in other words, i cannot have a gun with me or on my person after i eat dinner and drink wine or beer or whatever REGARDLESS of whether I am considered legally intoxicated (0.08%) or not. just the fact that i drank something with dinner makes me in violation. If I do not have a CHL and carry a gun in my auto and go to dinner and drink wine, I am not in violation unless I am legally intoxicated. this doesnt make sense. Is this really true? so if i go out to dinner or a party, i must leave my gun at home if i intend to have even just one alcoholic drink. true????

[TexasComputerDude]

getting a chl is just like getting married... no more drinking, partying, women, late nights, fun......


jk

[seamusTX]

Welcome to the forum.

The statement that you cannot touch alcohol while carrying is untrue, though the belief is widespread. The legal standard for a violation is carrying while intoxicated. Intoxicated has a legal definition.

This issue has been debated here dozens of times: http://www.texasshooting.com/TexasCHL_F ... mit=Search" onclick="window.open(this.href);return false;

It is officially a dead horse.

- Jim

[Captain Matt]

There's no lower limit for driving either.

[Griz44]

Enforcement is 100% officer discretion.
If he smells it, he can arrest you for it.
If he even thinks he smells it, he can arrest you for it.
If he smells it, and does not think you are impaired, he can let you go.
You can be stumbling down drunk, and if the officer does not deam you a threat, then he can let you go.

Ever play Russian Roulette?

Me neither.

Best to stay dry when packing. (.)

[Oldgringo]

Welcome to the forum.

The statement that you cannot touch alcohol while carrying is untrue, though the belief is widespread. The legal standard for a violation is carrying while intoxicated. Intoxicated has a legal definition.

This issue has been debated here dozens of times: http://www.texasshooting.com/TexasCHL_F ... mit=Search" onclick="window.open(this.href);return false;

It is officially a dead horse.

- Jim

Nice try, Jim.

While I agree with you, this apparently is not a to others. Perhaps someone will resurrect the "how to go to the bathroom with your CW" question...again.

Greg

[The Annoyed Man]

Welcome to the forum.

The statement that you cannot touch alcohol while carrying is untrue, though the belief is widespread. The legal standard for a violation is carrying while intoxicated. Intoxicated has a legal definition.

This issue has been debated here dozens of times: http://www.texasshooting.com/TexasCHL_F ... mit=Search" onclick="window.open(this.href);return false;

It is officially a dead horse.

- Jim

Nice try, Jim.

While I agree with you, this apparently is not a to others. Perhaps someone will resurrect the "how to go to the bathroom with your CW" question...again.

Greg

I'm waiting for the bathroom with your CW while drunk thread to start. Until then, none of this means anything to me.

[USA1]

I'm waiting for the bathroom with your CW while drunk thread to start. Until then, none of this means anything to me.

At the Post Office.

[C-dub]

I'm waiting for the bathroom with your CW while drunk thread to start. Until then, none of this means anything to me.

At the Post Office.

In the port-a-john in the parking lot.

I couldn't resist.

[tacticool]

Best to stay dry when packing. (.)

And when posting!

[puma guy]

Best to stay dry when packing. (.)

And when posting!

[Crossfire]

You guys are why mods have gray hair.

[Medic218]

You guys are why mods have gray hair.

Play nice now children!!

[cubbyjg]

I was told in my class that no you are not allowed to carry even after one beer with dinner. For me, i am okay with this and i just leave it in the trunk of my car. I was told you can still keep it in the car, but it cannot be within reach of you. My instructor told me about the "3 step rule". He said that if it takes you more than three steps to get to your gun, it is not considered "carrying concealed" in your car. He went on to say that if you keep it in your trunk, it is not within reach of you so you are not carrying concealed. If however, it is in my glove box, then yes, i am breaking the law and carrying while under the influence Has anyone heard of this "rule"?

[seamusTX]

Someone who is intoxicated cannot legally drive, carry a concealed weapon, or even be out in public.

Someone who is not intoxicated can do all those things. That's the law.

For your other question, having something in the trunk of a car makes in not on or about your person. The general rule is that if you can reach it without substantially changing your position, it is on or about your person.

However, there is a crazy-quilt of case law about this issue, for example, whether a locked box that you can reach from the driver seat is sufficient.

Also every state his different laws about carrying in vehicles and different case law.

- Jim