Author Topic: Question about having a gun in a car when you've been drinking  (Read 20753 times)

debgary1

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Question about having a gun in a car when you've been drinking
« on: September 17, 2017, 01:05:48 PM »
I'm sorry if this has been asked before, but I couldn't find my answer.

Is it true that you are not allowed to possess a handgun if you've had one or more drinks but are not intoxicated?  What about while driving?

If you are carrying an unloaded handgun with a chamber lock in place and it's in your locked glove compartment, is that an unlawful carry?

shorthairptr

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Re: Question about having a gun in a car when you've been drinking
« Reply #1 on: February 26, 2018, 11:30:34 AM »
PLEASE if you know you will be drinking leave the gun at home!

It is that simple.

If you use it and the police smell alcohol on your breath (drunk or not) your defense case just went out the window...

The best defense is common sense!!!!

EricS

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Re: Question about having a gun in a car when you've been drinking
« Reply #2 on: March 21, 2018, 08:58:11 AM »
What about the very real-world situation of.... you're out and about all day with the wife and decide to go to dinner. 
Can you have a drink?.. that is the Q.

In MO, I thought it was... NO A DROP.  But US Law Shield just dropped a video about guns in bars or guns in a bar/restaurant.
Ultimately the lawyer said you couldn't be drunk, but that it wasn't just the .08 measurement but that it wasn't immediately unlawful (and therefore exposed to felony "unlawful use of a weapon") if you had one drink and were not drunk.

Personally, I don't drink at all if I have it on me.  Its made me the DD at times but I'm ok with that.
Otherwise, I put the handgun "out of reach" in my truck.


jimbob

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Re: Question about having a gun in a car when you've been drinking
« Reply #3 on: March 22, 2018, 11:06:03 PM »
Check this prior post: https://forum.texaslawshield.com/index.php/topic,1202.msg2428.html#msg2428

Also, from http://www.texaschlforum.com/viewtopic.php?t=31475

Penal Code Section 46.035:
(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.

Government Code Section 411.171:
(4)(6) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.

Penal Code Section 49.01
(2) "Intoxicated" means:
(A) 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 into the body; or
(B) having an alcohol concentration of 0.08 or more.

---- Technically, an officer could deem that you are "intoxicated" while being below 0.08. In a sense, the only 100% safe number is 0.00, so I think that's why many instructors lead you to believe you can't drink at all.