TexasCHLforum.com

This is why I drink at home

Two men were walking down the street. The first one walked into a bar. The second ducked.

MadMonkey wrote:This is why I drink at home

, that is a minor rea$on for me, the major rea$on ha$ to do with the co$t of bar drink$, driving and all tho$e young, tattoed and pierced, chick$ hitting on me.

texas medic wrote:That's what I was thinking but I thought if there was no 51% sign it was ok.Thank you I will try to google it to find that web site.

What this means is that you didn't see a 51% sign. That doesn't mean that there wasn't one. But that said, the law requires it to be prominently displayed, and if it was not, and you did not see it, then you did not receive adequate proper notice and it would be a defense to prosecution as long as you left as soon as you did receive proper notice.

This is not an excuse to flout the law. You have a sort of "fiduciary duty," so to speak, to REALLY look for it. I once left a 51% establishment after noticing the red 51% sign posted high up on a side wall in a corner behind the bar....in a place that served food too and looked more like a restaurant than a bar.

Oldgringo wrote:

MadMonkey wrote:This is why I drink at home

, that is a minor rea$on for me, the major rea$on ha$ to do with the co$t of bar drink$, driving and all tho$e young, tattoed and pierced, chick$ hitting on me.

You have that same problem too?

Me too. And it's not just at bars. I hate to even go to the beach any more. Last time two girls in bikinis got in a hair pulling fist fight over me, then someone called the cops and everyone wanted to put the blame on me. I finally talked my way out of there but it was gettin ugly. You might think I complain too much but natural good looks can be a curse.

...bring out the hip boots!!!

No really, it's twue

it's YOUR story...you can tell it however you WANT to...

If the bar receives 51% of its revenue or more from alcohol sales, then you cannot carry there. Technically, if you are going to drink, you should not be carrying. My CHL instructor says there is no legal alcohol limit for a CHL holder. In other words if you are stopped by the Police, have been drinking, and are carrying, then you could be in some serious trouble. If you must drink, do it at home, or perhaps a friends house, or leave the gun at home.

texas medic wrote:C-dub the olny sign i saw was have your ID ready. I am really glad we only stayed long enought to have a glass of water...but, the next time we go with my wife's friends i will leave my weapon at home!!! better to be unarmed and at risk than in JAIL!!

Here, fixed that for you.

If a club does not have the 3006 warning flag flying your ok but if your drinking alcohol that is another matter. Alcohol & guns don't mix very well together & I have heard the 51% rule. If your going to drink you are best off leaving your weapon in the car

That is one of those held to a higher standard rules of a CHl holder. A CHL can get into the same amount of trouble that a non CHL holder would get for unlawfully carrying. Leave it in the car & there are no worries

chamuiel wrote:If the bar receives 51% of its revenue or more from alcohol sales, then you cannot carry there. Technically, if you are going to drink, you should not be carrying.

well kind of.... If the TABC says the bar receives 51% of its revenue or more from alcohol sales and IF the the bar has used the correct sign, then you cannot carry there.

chamuiel wrote: CHL instructor says there is no legal alcohol limit for a CHL holder. In other words if you are stopped by the Police, have been drinking, and are carrying, then you could be in some serious trouble. If you must drink, do it at home, or perhaps a friends house, or leave the gun at home.

I really wish CHL instructors would leave personal opinions and personal views of the law out of teaching a concealed hand gun class.

While I don't advocate drinking and gunning any more then I do drinking and driving.. The law does state
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.

And the state has defined intoxicated:
(1) “Intoxicated” means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.

bronco78 wrote:

chamuiel wrote:If the bar receives 51% of its revenue or more from alcohol sales, then you cannot carry there. Technically, if you are going to drink, you should not be carrying.

well kind of.... If the TABC says the bar receives 51% of its revenue or more from alcohol sales and IF the the bar has used the correct sign, then you cannot carry there.

chamuiel wrote: CHL instructor says there is no legal alcohol limit for a CHL holder. In other words if you are stopped by the Police, have been drinking, and are carrying, then you could be in some serious trouble. If you must drink, do it at home, or perhaps a friends house, or leave the gun at home.

I really wish CHL instructors would leave personal opinions and personal views of the law out of teaching a concealed hand gun class.

While I don't advocate drinking and gunning any more then I do drinking and driving.. The law does state
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.

And the state has defined intoxicated:
(1) “Intoxicated” means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.

Of course, you're right. The problem is that "impairment" is left up to the officer's discretion. You might have had one drink over the course of a 3 hour dinner, not in any way be impaired, and if the officer smells that drink on your breath—or rather, if he smells the esters produced by having metabolized alcohol on your breath—then he may well cite you for it, and you could be in trouble. I don't know how likely that is to actually happen. I suppose that most reasonable LEOs who asked whether you had anything to drink tonight and were told, "yes, about 3 hours ago at 6pm I had a single coctail before eating a ribeye dinner with all the timmings and a desert," would probably let that go so long as you showed no overt signs of intoxication. But, this is not something I would want to stake my CHL on.

OTH, I rarely ever drink alcohol anyway, not even at home.