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by The Annoyed Man
Fri Nov 30, 2018 12:06 am
Forum: General Texas CHL Discussion
Topic: Well... there goes Constitutional Carry
Replies: 39
Views: 14083

Re: Well... there goes Constitutional Carry

srothstein wrote: Thu Nov 29, 2018 11:52 pm
C-dub wrote: Thu Nov 29, 2018 9:53 am
TexanVeteran wrote: Wed Nov 28, 2018 7:43 pm It is actually already illegal to carry while you're drinking (unless you're on your own property, obviously).
Both parts of this are wrong. It is illegal to be intoxicated while carrying, but not simply drinking an alcoholic beverage. Location is irrelevant. Intoxicated is still intoxicated. The probability of being caught are much lower unless your next statement comes into play.
If you're going to a restaurant that happens to serve alcohol, you're probably not going to get drunk. One or two glasses of beer or wine is not gonna hurt anything.
Minor technical correction, but location does make a difference. Note that 46.035(d) only makes carrying while intoxicated illegal if you are a license holder carrying under the authority of the license. You are only carrying under the authority of your license if it would be illegal to carry otherwise. Since it is not illegal to carry on your own premises or premises under your control, 46.035 dos not apply to you in those locations.

It could get even trickier if you happen to have multiple ways to carry. For example, is a police officer who has an LTC carrying under the authority of his LTC or his commission? He should not be intoxicated either, but I doubt anyone would try to apply that law to him.
What about if you’re intoxicated, and carrying under authority of the MPA? "rlol"

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