TexasCHLforum.com

OK let me start this off by saying i fully understand guns and alcohol don't mix, but I had a scary situation that came up a couple weeks ago that caused me to wonder the legality of trying something to make me feel better.

Basically my question is, i know that if I drink anything at all and are out and about I can get in big trouble if i am carrying as well. My question is if i have a get together on an empty lot of my own and there is alcohol involved and for some reason i feel the need to carry, can i still get in trouble for doing so on my own land, if it is out in the open (an empty wooded lot)? If for some reason the police showed up. Obviously i wouldn't plan on being drunk, just having a few beers with friends.

I have never wanted to do this before but a recent situation has caused me to be a little wary of being out at night w/out carrying in my area. It's not a highly populated area it's mostly wooded w/ a few houses around. But i have noticed a few shady characters in the area that don't belong around here, and there has been some break ins lately, and knowing from experience it takes a long time for the police to get out here. I just want to know if it would be OK to carry if i am on my own lot or not, if me and my friends have a few drinks.

My wife makes us go to the lot because we get too loud if you are wondering why we don't just do it at home as it is just down the road.

Thanks for any help on this you can give me.

The law states that you cannot be intoxicated while carrying. By definition, Texas law goes on to say that,
(1) "Intoxicated" means substantial impairment of mental or physical
capacity resulting from introduction of any substance into the body.

By the way, I wouldn't be getting intoxicated beyond the legal limit of 0.08 BAC to drive back home, no matter the distance away from your home.

A word of caution, some will say absolutely no alcohol whatsoever when you are going to be handling firearms. I will on occasion have exactly one 12fl.oz. beer (bud light or coors light) with dinner while carrying. Otherwise, my gun stays in a lock box in my truck. But that's just my opinion and what I feel comfortable with.

As far as what you can do on your own property I don't know of any laws that would apply regarding alcohol and firearms but I can tell you this, you are responsible for any rounds fired intentionally or accidentally. It is also illegal to discharge a firearm within most city limits so be aware of that precaution as well. Other than that, I have nothing else for you and I would also like to add that I am not a lawyer and my post should in no way be taken as legal advice. I would like to wish you happy and safe get-togethers with your friends.

If you don't have a CHL it doesn't seem to be a crime to carry a gun on your own property no matter how much you drink.

If you do have a CHL then it depends if you're carrying "under the authority" of that when you're intoxicated. There are different opinions but I don't want to be a test case. So, instead of a handgun it might be safer to take a shotgun if you're going to be drinking.

boomerang wrote:There are different opinions but I don't want to be a test case. So, instead of a handgun it might be safer to take a shotgun if you're going to be drinking.

boomerang wrote:Re: A Couple beers
Postby boomerang » Sat Feb 07, 2009 10:10 pm

I'm off to have a couple of beers while carrying a handgun.


See you in the morning.

Change of heart?

No.

Stop drinking- Spend the money on ammo!