Flix Brewhouse in Round Rock

[E.Marquez]

My class was taught by an officer. It was covered in class, A test question also asked legal limit to carry. I answered zero and got it correct.

Of the answers available to you to choose from, Zero may have been the correct answer.. But the LAW states something different. And if your LEO instructor told you the same, it is my opinion he gave you his personal opinion, not what the law states.

The Law is both clear in that the limit is something other then zero.. and unclear due to it being an officers individual judgement of if you are intoxicated. Intoxicated has a definition, and it is NOT ZERO.



Lots of personal opinion that you Might, should, will be better off if you do not drink and carry.. but that is in my opinion all is,, a personal choice, as the law seems to provide a different standard then ZERO.

TPC 46.035 states very clearly ....

http://www.txdps.state.tx.us/RSD/CHL/faqs/index.htm" onclick="window.open(this.href);return false;
§46.035,

it is unlawful for an individual who is intoxicated to carry a handgun

.

TPC 49.01 defines intoxication
ttp://www.statutes.legis.state.tx.us/D" onclick="window.open(this.href);return false; ... .htm#49.01
Texas Penal Code TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS, CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES.
(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.

NO where will you find a legal standard of ZERO BAC, the LAW states Intoxicated...

[Wienerdogtroy]

I saw no signage Saturday evening.

[pbennett]

Flix Brewhouse does have 30.06 signs posted. They are on the wall next to the entrance doors. What could we do to form a boycott against them. I like going there but now they are gun free zone.

[ScottDLS]

Flix Brewhouse does have 30.06 signs posted. They are on the wall next to the entrance doors. What could we do to form a boycott against them. I like going there but now they are gun free zone.

Well according to the poster before you, they didn't have them.... FOUR YEARS AGO!

[locke_n_load]

Haha.
But just to keep this necro-post going, I have a beer or two with dinner while carrying, and I don't worry about it.

In fact, I had a margarita at chili's the other day while open carrying. I'm guessing I finished my meal/drinks and left before SWAT could get there.

[ScottDLS]

Haha.
But just to keep this necro-post going, I have a beer or two with dinner while carrying, and I don't worry about it.

In fact, I had a margarita at chili's the other day while open carrying. I'm guessing I finished my meal/drinks and left before SWAT could get there.

Good for you. Finally someone proves it's possible to consume (some) alcohol without becoming intoxicated.

[Keith B]

Flix Brewhouse does have 30.06 signs posted. They are on the wall next to the entrance doors. What could we do to form a boycott against them. I like going there but now they are gun free zone.

Well according to the poster before you, they didn't have them.... FOUR YEARS AGO!

Well, according to http://www.texas3006.com someone posted that they had a 30.06 sign in May of 2014, and it's been updated to show they also have a 30.07. Not sure why they even need them since they are off-limits to carry anyway as they are a 51% location.

License #: BG781572

Trade Name: FLIX BREWHOUSE
Owner: WOODWARD CENTER INC.
Location Address:
2200 IH 35S SUITE B1
ROUND ROCK , TX 78681
Mailing Address:
2000 IH 35S STE Q11
ROUND ROCK , TX 78681
County: Williamson Orig. Issue Date: 8/4/2011
Status: Current Exp. Date: 8/3/2017
Wine Percent: 17
Location Phone No.: 512 388 2739
Subordinates: BP
Related To: Gun Sign: RED

[OldCurlyWolf]

Flix Brewhouse does have 30.06 signs posted. They are on the wall next to the entrance doors. What could we do to form a boycott against them. I like going there but now they are gun free zone.

Well according to the poster before you, they didn't have them.... FOUR YEARS AGO!

Well, according to http://www.texas3006.com someone posted that they had a 30.06 sign in May of 2014, and it's been updated to show they also have a 30.07. Not sure why they even need them since they are off-limits to carry anyway as they are a 51% location.

License #: BG781572

Trade Name: FLIX BREWHOUSE
Owner: WOODWARD CENTER INC.
Location Address:
2200 IH 35S SUITE B1
ROUND ROCK , TX 78681
Mailing Address:
2000 IH 35S STE Q11
ROUND ROCK , TX 78681
County: Williamson Orig. Issue Date: 8/4/2011
Status: Current Exp. Date: 8/3/2017
Wine Percent: 17
Location Phone No.: 512 388 2739
Subordinates: BP
Related To: Gun Sign: RED

Interesting.

Originally in this thread they were shown as a Blue sign. I wonder what changed.

[Keith B]

Interesting.

Originally in this thread they were shown as a Blue sign. I wonder what changed.

The sign, duh!!

[bigity]

Go to Alamo Drafthouse instead. They only have 30.07.

The bar inside the Alamo Drafthouses are TABC red but the theaters are not.

[Soccerdad1995]

You are correct about hearing this in a CHL class. It was also referenced in my Level 3 and Level 4 training. As you stated, I am also not a lawyer; just a law abiding citizen trying to understand the law. As best as I remember, this is what was presented to me.

The first link is the general definition for being intoxicated. It is an either/or. The second reference is from DPS' CHL FAQ page, which does not have reference to the .08 BAC limit.

http://www.statutes.legis.state.tx.us/D ... .htm#49.01" onclick="window.open(this.href);return false;
Texas Penal Code TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS, CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES.
(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.

http://www.txdps.state.tx.us/RSD/CHL/faqs/index.htm" onclick="window.open(this.href);return false;
§46.035, Texas Penal Code states that it is unlawful for an individual who is intoxicated to carry a handgun. It is important to note that the Penal Code defines “intoxicated” as 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 in the body.

Sorry for the necro post continuance, but I think this is an important point.

Taking the first definition above, it is an "or" test. You can be legally intoxicated if you do not have normal use of your faculties OR you have a BAC of 0.08 or more. In other words, if you lack normal use of your faculties, then you are always intoxicated, but you can also be intoxicated if your BAC is 0.08 or more, even if you do have normal use of your faculties. The 0.08 reference adds another test. Said another way, someone who has no alcohol tolerance could be legally intoxicated with a BAC of 0.06 (for example) because they lack the normal use of their faculties, but another person with a high alcohol tolerance could have normal use of their faculties and still be considered to be intoxicated solely because their BAC is at or over 0.08.

I read the lack of a percentage w/r/t LTC as saying that there is no "or" and the only way you can be intoxicated is if you lack normal use of your faculties. So in my second example above, the high tolerance individual could well be too intoxicated to drive (due solely to their BAC), but yet not meet the definition of intoxicated for LTC purposes because they still have normal use of their faculties.

That said, I am NOT advocating drinking while carrying a gun, but am just trying to make sure I understand the law.

[ScottDLS]

You're looking at the DPS FAQ and not the LAW. The law says "intoxicated" in 46.035 means the definition in 49.01. 49.01 says BAC of 0.08 OR loss of normal faculties... So if you are 0.08 you are intoxicated for 46.035.

Now, that said, I'm not aware of a requirement for taking the breathalyzer or blood test if you are not driving, so they'll have to wake up some rubber stamp judge to get a warrant or introduce sufficient other evidence.

[Keith B]

It is definitely an 'or' test for LTC, just as it is for driving. If you are .08, even if you do not appear impaired, you are by law intoxicated. The 'impaired' potion is to cover things like marijuana, drugs (legal or illegal), etc.

A good story on this. I stopped a vehicle one night for a suspected DWI driver. When I approached the car you could smell alcohol on the driver. I ran a field sobriety and he did fair, but definitely didn't pass. This was in the days before field BAC meters, so transported him to the station to run a breathalyzer. When I ran the test he registered .42! I thought the machine was broken. Ran it again, .42. About that time the Sargent came in and said 'You got ol' Ralph.' I said, 'He just blew a .42 and he is fairly coherent, not comatose!!' The old Sarge said 'Yeah, he never gets below about .20; he's pickled all the time, so he doesn't even appear drunk until about .3.' So, it is very possible to have someone who is above .08 and they seem perfectly fine, but legally are drunk.

[NTexCopRetired]

I know the discussion has revolved around carrying while consuming alcohol. But, why do you carry? For protection and self defense. What are you in for if you have to use that weapon for self defense and you have been consuming? You may wind up in a civil case even if you are cleared of any criminal charges. An attorney for the person you defended yourself against (still living or not) will certainly put two and two together and associate where you were with the possibility you were consuming. It will certainly come up at trial or deposition. It will not help your case if, at the time you discharged your weapon, you had consumed alcohol.

[ScottDLS]

I know the discussion has revolved around carrying while consuming alcohol. But, why do you carry? For protection and self defense. What are you in for if you have to use that weapon for self defense and you have been consuming? You may wind up in a civil case even if you are cleared of any criminal charges. An attorney for the person you defended yourself against (still living or not) will certainly put two and two together and associate where you were with the possibility you were consuming. It will certainly come up at trial or deposition. It will not help your case if, at the time you discharged your weapon, you had consumed alcohol.

If you are justified in shooting and not criminally prosecuted, you will have civil immunity regardless of whether you had a drink or not.