The focal point for Texas firearms information and discussions
https://www.texaschlforum.com/
Be very careful. If you remove the cap they can arrest you for open 'container' carrying.marksiwel wrote:That why when I go out drinking I carry one of these
It's relevant because NC law is even more specific and strict than TX law. In NC, a licensee isn't allowed to drink at all, not just "not be intoxicated".jmra wrote:First of all the case above has nothing to do with CHL or TX law.chabouk wrote:This is the conventional wisdom, and we hear it repeated over and over.jmra wrote:If you are involved in a shooting after that one drink you better believe it is going to become an issue.
But is there anything to back it up? Any legal cases where someone was put through the wringer over a legally justified shooting, just because they had a drink and were not intoxicated?
There was a recent case in North Carolina where two off duty federal correctional officers were in a restaurant that has a reputation for turning into a biker bar after 9 p.m. Around midnight they were involved in an altercation with another patron, so they left. The other patron (a member of a motorcycle club) and his buddy followed them outside, and exchanged shots in the parking lot. The biker fired one shot, hit nothing, but was hit multiple times by return fire and died at the scene. His buddy was arrested for illegally carrying a concealed handgun. It was reported that all had been drinking, but I have to believe the officer who fired the shots was not intoxicated by NC standards, because the DA filed the case with the grand jury with a recommendation of 2nd degree murder. They refused to indict him for anything.
For the record, I don't drink and carry, just like I don't drink and drive, so please don't insinuate that I might "need help". We're addressing the law, not the woulda-coulda-shoulda. This discussion is about the legality of responsibly enjoying an adult beverage at a non-intoxicating level.The fact of the matter is there are many variables that can lead to legal issues after a shooting. Even the smell of alcohol on your breath could bring your version of the events into question. Anyone who is willing to let alcohol become one of the "variables" is acting very foolishly and irresponsibly. As others have said, guns and alcohol don't mix. If that one drink is that important, leave the gun at home or better yet get some help.
I have stayed out of this for four pages of posts. Against my better judgement, I feel compelled to add my two cents. The Texas Law is pretty clear about carrying while intoxicated so, actually, we are addressing the "woulda-coulda-shoulda."chabouk wrote:We're addressing the law, not the woulda-coulda-shoulda. This discussion is about the legality of responsibly enjoying an adult beverage at a non-intoxicating level.
My gosh...That is POWERFULBig Tuna wrote:I hope that cop applies the same standards to everyone leaving a bar.
We all know drunk driving KILLS and INJURES many more people than drunk concealed carry, so I hope that cop goes after the real dangers to the people of Texas.
Mods note: Some images in video are graphic.
[youtube]http://youtube.com/watch?v=Z2mf8DtWWd8[/youtube]
chabouk wrote:jmra wrote:chabouk wrote:It's relevant because NC law is even more specific and strict than TX law. In NC, a licensee isn't allowed to drink at all, not just "not be intoxicated".jmra wrote:First of all the case above has nothing to do with CHL or TX law.
The case you quoted had nothing to do with civilian cc. You are comparing apples and oranges.
For the record, I don't drink and carry, just like I don't drink and drive, so please don't insinuate that I might "need help". We're addressing the law, not the woulda-coulda-shoulda. This discussion is about the legality of responsibly enjoying an adult beverage at a non-intoxicating level.
If you don't drink and carry then how could you possibly think my remarks applied to you? I was speaking to the subject matter. As to the legality of drinking while carrying - why does the law set blood alcohol limits for driving and not for cc? The lack of a limit for cc speaks volumes.
There are many variables that can be used to question your judgment. Why were you at that kind of place at that time of day? Why didn't you do your shopping in daylight, instead of walking alone across a dark parking lot? Did you really think it was a good idea to wear an Eagles jersey in Dallas? Why didn't you make coffee at home, instead of stumbling into Starbucks desperate for a fix?
Thank you for making my point. As I stated earlier - there are enough variables involved that can lead to legal issues, you (I'm sorry, that should read "any person" instead of "you") would be very foolish to add alcohol to the mix.
All of the opinions that I have heard from LEO's (*albeit they are second hand from those posting LEO's comments) indicate that a person who was involved in a shooting with the smell of alcohol on their breath would be arrested if that LEO was handling the case. Could a person (I won't say "you") fight it in court and win? Let's see how this sounds "were you drinking?" - "yes, but I only had one beer" - bet they've never heard anyone lie about that one before.
*=edited comment.
That was going to be my next question.jmra wrote:All of the comments that I have heard from LEO's on this thread indicate that a person who was involved in a shooting with the smell of alcohol on their breath would be arrested if that LEO was handling the case. Could a person (I won't say "you") fight it in court and win? Let's see how this sounds "were you drinking?" - "yes, but I only had one beer" - bet they've never heard anyone lie about that one before.
You are misreading the statutes. The definition of "intoxicated" is precisely the same for all instances: see PC §49.01(2); GC §411.171; and the the Health and Safety Code, Title 6, Subtitle C.jmra wrote:As to the legality of drinking while carrying - why does the law set blood alcohol limits for driving and not for cc? The lack of a limit for cc speaks volumes.
Wow. Very powerful.Big Tuna wrote:I hope that cop applies the same standards to everyone leaving a bar.
We all know drunk driving KILLS and INJURES many more people than drunk concealed carry, so I hope that cop goes after the real dangers to the people of Texas.
Mods note: Some images in video are graphic.
[youtube]http://youtube.com/watch?v=Z2mf8DtWWd8[/youtube]
Here is the argument I have heard:Skiprr wrote:You are misreading the statutes. The definition of "intoxicated" is precisely the same for all instances: see PC §49.01(2); GC §411.171; and the the Health and Safety Code, Title 6, Subtitle C.jmra wrote:As to the legality of drinking while carrying - why does the law set blood alcohol limits for driving and not for cc? The lack of a limit for cc speaks volumes.
FYI, this subject has been discussed on the board extensively. The last round was just 60 days ago: http://www.texaschlforum.com/viewtopic.php?f=53&t=29504.
46.06 clearly states "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.jmra wrote:Since there are no definitions for intoxication within PC 46
Simple mantra that resolves the issue without paying $$$ and that whole holding tank joyfest.longtooth wrote:How many $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$s do you have to beat it in court.
Just dont drink.
If you are just going to drink leave you gun at home.
frazzled wrote:Simple mantra that resolves the issue without paying $$$ and that whole holding tank joyfest.longtooth wrote:How many $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$s do you have to beat it in court.
Just dont drink.
If you are just going to drink leave you gun at home.
