TX: Deadly shooting in a gun free Houston bar

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BBYC
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Re: TX: Deadly shooting in a gun free Houston bar

#16

Post by BBYC » Thu Jun 28, 2018 1:12 pm

OneGun wrote:
Tue Jun 26, 2018 5:16 pm
mojo84 wrote:
Tue Jun 26, 2018 2:11 pm
OneGun wrote:
Tue Jun 26, 2018 1:05 pm


My intent with my post was that you can drink alcohol and you can shoot guns, but never both at the same time. Which was the point of my second post (#7).
Legally not necessarily true. Becoming intoxicated while in possession of a gun or shooting is the actual legal issue.

Whether or not it's advisable or wise is another question.
In all fairness, I was not talking about legally. I was talking about being responsible.
In that case, leave your car at home.

If somebody is too drunk to carry, they're too drunk to drive. Way, way too drunk to drive.
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Re: TX: Deadly shooting in a gun free Houston bar

#17

Post by Grundy1133 » Mon Jul 16, 2018 12:50 am

kind of an old thread and a bit off topic, but let's say I go to a buddies bbq and there will be beer brats bbq burgers and hot dogs etc etc... Would i have to stop what im doing, go to the car, disarm, go back in, crack open a beer and then stay disarmed until I'm back at home? (also assuming im not driving). or can I go to my friends bbq, have a beer or 2 without disarming, have fun enjoy good food good drink and good company and then go home? (again, not driving) I know there's always grey ares with this stuff. I've always just figured id rather be on the safe side and not drink at ALL while carrying, but sometimes I'd like to have a beer. like if im at a friends house or out at dinner with the lady...
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Re: TX: Deadly shooting in a gun free Houston bar

#18

Post by Allons » Mon Jul 16, 2018 8:20 am

Grundy1133 wrote:
Mon Jul 16, 2018 12:50 am
kind of an old thread and a bit off topic, but let's say I go to a buddies bbq and there will be beer brats bbq burgers and hot dogs etc etc... Would i have to stop what im doing, go to the car, disarm, go back in, crack open a beer and then stay disarmed until I'm back at home? (also assuming im not driving). or can I go to my friends bbq, have a beer or 2 without disarming, have fun enjoy good food good drink and good company and then go home? (again, not driving) I know there's always grey ares with this stuff. I've always just figured id rather be on the safe side and not drink at ALL while carrying, but sometimes I'd like to have a beer. like if im at a friends house or out at dinner with the lady...
I was told in class the same rules apply for having a gun as driving a car. .08 is the legal limit, as long as you're under that you; you are ok (at least that's what I was told).
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Re: TX: Deadly shooting in a gun free Houston bar

#19

Post by cs1021 » Mon Jul 16, 2018 9:16 am

Allons wrote:
Mon Jul 16, 2018 8:20 am
Grundy1133 wrote:
Mon Jul 16, 2018 12:50 am
kind of an old thread and a bit off topic, but let's say I go to a buddies bbq and there will be beer brats bbq burgers and hot dogs etc etc... Would i have to stop what im doing, go to the car, disarm, go back in, crack open a beer and then stay disarmed until I'm back at home? (also assuming im not driving). or can I go to my friends bbq, have a beer or 2 without disarming, have fun enjoy good food good drink and good company and then go home? (again, not driving) I know there's always grey ares with this stuff. I've always just figured id rather be on the safe side and not drink at ALL while carrying, but sometimes I'd like to have a beer. like if im at a friends house or out at dinner with the lady...
I was told in class the same rules apply for having a gun as driving a car. .08 is the legal limit, as long as you're under that you; you are ok (at least that's what I was told).
Technically, there is no "legal limit" while carrying. I'll have to look up the actual lines from the penal code that pertain to it, but in general, what it says is that a license holder commits an offense if you carry while "intoxicated". They define intoxicated as
(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.

So by definition A, it really depends on the person. Some people might be "intoxicated" after one beer, some may not.


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Re: TX: Deadly shooting in a gun free Houston bar

#20

Post by apostate » Mon Jul 16, 2018 10:31 am

cs1021 wrote:
Mon Jul 16, 2018 9:16 am
Allons wrote:
Mon Jul 16, 2018 8:20 am
Grundy1133 wrote:
Mon Jul 16, 2018 12:50 am
kind of an old thread and a bit off topic, but let's say I go to a buddies bbq and there will be beer brats bbq burgers and hot dogs etc etc... Would i have to stop what im doing, go to the car, disarm, go back in, crack open a beer and then stay disarmed until I'm back at home? (also assuming im not driving). or can I go to my friends bbq, have a beer or 2 without disarming, have fun enjoy good food good drink and good company and then go home? (again, not driving) I know there's always grey ares with this stuff. I've always just figured id rather be on the safe side and not drink at ALL while carrying, but sometimes I'd like to have a beer. like if im at a friends house or out at dinner with the lady...
I was told in class the same rules apply for having a gun as driving a car. .08 is the legal limit, as long as you're under that you; you are ok (at least that's what I was told).
Technically, there is no "legal limit" while carrying. I'll have to look up the actual lines from the penal code that pertain to it, but in general, what it says is that a license holder commits an offense if you carry while "intoxicated". They define intoxicated as
(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.

So by definition A, it really depends on the person. Some people might be "intoxicated" after one beer, some may not.
The same is true for driving.
I'm too old for this...

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Re: TX: Deadly shooting in a gun free Houston bar

#21

Post by E.Marquez » Thu Aug 09, 2018 4:41 pm

Charging at officer lever, not DA, no conviction.

My understanding according to reading the law, talking with two local ADA's and several officers is
for driving .08 and above is assumed intoxicated, less then that is officer discretion based on FST.

for LTC, .08 and above is assumed intoxicated, less than that is officer discretion based on personal opinion, it might be failed FST, it might be an allocution from the contact that they had consumed an alcoholic beverage.....there is no min BAC that is allowed or required for the charge... The word is intoxicated which has a definition under TX law....but its really gray (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

Sec. 49.01. DEFINITIONS. In this chapter:

(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.
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