Am I "Carrying" When...?
Moderators: carlson1, Charles L. Cotton
-
paulhailes
- Senior Member
- Posts: 482
- Joined: Mon Apr 18, 2011 11:34 pm
Am I "Carrying" When...?
Ok, my question is, If I have my gun locked in a gunvault or similar lockable box while in my car, am I still carrying? The basis of my question is, say I go to a bar, since I know I will be drinking, and there is no legal limit for carrying while intoxicated, if I lock the gun in a lockbox am I still considered to be carrying?
- WildBill
- Senior Member
- Posts: 17349
- Joined: Tue Jul 03, 2007 12:53 pm
- Location: Houston
Re: Am I "Carrying" When...?
IMO, if the gun is in the passenger compartment, yes. In the truck, no. If you are intoxicated driving a car you can be arrested with or without a gun.paulhailes wrote:Ok, my question is, If I have my gun locked in a gunvault or similar lockable box while in my car, am I still carrying? The basis of my question is, say I go to a bar, since I know I will be drinking, and there is no legal limit for carrying while intoxicated, if I lock the gun in a lockbox am I still considered to be carrying?
NRA Endowment Member
-
paulhailes
- Senior Member
- Posts: 482
- Joined: Mon Apr 18, 2011 11:34 pm
Re: Am I "Carrying" When...?
Thanks, thats what I though but wasn't sure and I would never drive over the legal limit.WildBill wrote:IMO, if the gun is in the passenger compartment, yes. In the truck, no. If you are intoxicated driving a car you can be arrested with or without a gun.
- WildBill
- Senior Member
- Posts: 17349
- Joined: Tue Jul 03, 2007 12:53 pm
- Location: Houston
Re: Am I "Carrying" When...?
You can still be intoxicated while being under 0.08% BAC. IANALpaulhailes wrote:Thanks, thats what I though but wasn't sure and I would never drive over the legal limit.WildBill wrote:IMO, if the gun is in the passenger compartment, yes. In the truck, no. If you are intoxicated driving a car you can be arrested with or without a gun.
NRA Endowment Member
-
paulhailes
- Senior Member
- Posts: 482
- Joined: Mon Apr 18, 2011 11:34 pm
Re: Am I "Carrying" When...?
I guess intoxicated was not the word I was looking for, anywho thanks for the helpWildBill wrote: You can still be intoxicated while being under 0.08% BAC. IANAL
- ScottDLS
- Senior Member
- Posts: 5103
- Joined: Sun Jun 26, 2005 1:04 am
- Location: DFW Area, TX
Re: Am I "Carrying" When...?
As has been pointed out previously, the definition of "intoxicated" is the same for driving as it is for carrying under CHL. So if you feel you have had too many to carry, you shouldn't drive either.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"
- WildBill
- Senior Member
- Posts: 17349
- Joined: Tue Jul 03, 2007 12:53 pm
- Location: Houston
Re: Am I "Carrying" When...?
And vice versa.ScottDLS wrote:As has been pointed out previously, the definition of "intoxicated" is the same for driving as it is for carrying under CHL. So if you feel you have had too many to carry, you shouldn't drive either.
NRA Endowment Member
- Jasonw560
- Senior Member
- Posts: 1294
- Joined: Thu Dec 16, 2010 4:45 pm
- Location: Harlingen, TX
Re: Am I "Carrying" When...?
But, but, but....we know how people are. Especially college kids! We can't regulate under age kids from drinking. What if they have a GUN and drink? Blood in the streets!! Wild West OK corral mayhem!! THINK ABOUT THE CHILDREN!!!
NRA EPL pending life member
"The Constitution is not an instrument for the government to restrain the people; it is an instrument for the people to restrain the government"- Patrick Henry
"The Constitution is not an instrument for the government to restrain the people; it is an instrument for the people to restrain the government"- Patrick Henry
- WildBill
- Senior Member
- Posts: 17349
- Joined: Tue Jul 03, 2007 12:53 pm
- Location: Houston
Re: Am I "Carrying" When...?
Jasonw560 wrote:But, but, but....we know how people are. Especially college kids! We can't regulate under age kids from drinking. What if they have a GUN and drink? Blood in the streets!! Wild West OK corral mayhem!! THINK ABOUT THE CHILDREN!!!
NRA Endowment Member
- Jasonw560
- Senior Member
- Posts: 1294
- Joined: Thu Dec 16, 2010 4:45 pm
- Location: Harlingen, TX
Re: Am I "Carrying" When...?
WildBill wrote:Jasonw560 wrote:But, but, but....we know how people are. Especially college kids! We can't regulate under age kids from drinking. What if they have a GUN and drink? Blood in the streets!! Wild West OK corral mayhem!! THINK ABOUT THE CHILDREN!!!
NRA EPL pending life member
"The Constitution is not an instrument for the government to restrain the people; it is an instrument for the people to restrain the government"- Patrick Henry
"The Constitution is not an instrument for the government to restrain the people; it is an instrument for the people to restrain the government"- Patrick Henry
-
zero4o3
- Senior Member
- Posts: 516
- Joined: Sun Jun 13, 2010 9:14 pm
Re: Am I "Carrying" When...?
lets change the way this is worded, thin of it as an illegal limit, because your not "legal" just because your under it but you are "illegal" if your over it. you can be declared intoxicated with out drinking any alcohol.paulhailes wrote:Thanks, thats what I though but wasn't sure and I would never drive over the legal limit.WildBill wrote:IMO, if the gun is in the passenger compartment, yes. In the truck, no. If you are intoxicated driving a car you can be arrested with or without a gun.
-
paulhailes
- Senior Member
- Posts: 482
- Joined: Mon Apr 18, 2011 11:34 pm
Re: Am I "Carrying" When...?
My question was centered around having drank 1 or 2 beers. I miss spoke, or typed, earlier when I said intoxicated, I simply meant having any alcohol in my system what so ever.
-
zero4o3
- Senior Member
- Posts: 516
- Joined: Sun Jun 13, 2010 9:14 pm
Re: Am I "Carrying" When...?
having alcohol in your system does not make it illegal to carry is my point, being intoxicated does.paulhailes wrote:My question was centered around having drank 1 or 2 beers. I miss spoke, or typed, earlier when I said intoxicated, I simply meant having any alcohol in my system what so ever.
(I am not saying I would wear my gun out drinking )
- WildBill
- Senior Member
- Posts: 17349
- Joined: Tue Jul 03, 2007 12:53 pm
- Location: Houston
Re: Am I "Carrying" When...?
I understood your post. I was just trying to emphasize a point.paulhailes wrote:My question was centered around having drank 1 or 2 beers. I miss spoke, or typed, earlier when I said intoxicated, I simply meant having any alcohol in my system what so ever.
NRA Endowment Member
-
zero4o3
- Senior Member
- Posts: 516
- Joined: Sun Jun 13, 2010 9:14 pm
Re: Am I "Carrying" When...?
WildBill wrote:I understood your post. I was just trying to emphasize a point.paulhailes wrote:My question was centered around having drank 1 or 2 beers. I miss spoke, or typed, earlier when I said intoxicated, I simply meant having any alcohol in my system what so ever.