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Link Posted: 4/16/2009 12:02:51 AM EST
[#1]
Quoted:
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Texas allows consumption but not in a bar, has to be 51% or more sales from food etc. Not sure on the BAC.


Are you sure?  I thought you couldn't have any alcohol in your system at all.


Texas allows you to conceal carry and drink but you cant be over .8


Do you have a link?

And I think you mean .08.  At .8 you'd be dead.


You can carry concealed at a place that serves alcohol but doesn't derive 51% or more of it's income from the sale of alcohol.

Pizza joint that also serves beer?  Go.
Paddy Murphy's Pub?  No go.

Actually, the way the law is worded, you could theoretically be busted for carrying while intoxicated for having ANYTHING in your system.  Not just alcohol.  And there is no amount defined in the statute.

(1)  "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.


.08 is the definition given in a different statute having to do with DUI.  It does NOT apply to concealed carry.

Really tho, just stick to the 2 beer rule and you'll be fine.  Concealed is concealed.  And drunk is drunk.  Don't get drunk while you're carrying a gun in public.  Be a responsible drinker.  And yes, it is possible to drink and carry responsibly.  Just like it is possible to drink and then drive responsibly, or even simultaneously.  Yes, I know this doesn't fit with what you've been told for the past generation and a half by MADD, but it's the truth.  

A little bit of reason should tell you that a person that has one beer and drives or carries a gun is no more dangerous than if he had had a coke instead.  Zero tolerance is an excuse not to think.

Flame away.

Link Posted: 4/16/2009 5:21:42 AM EST
[#2]
Quoted:
Quoted:
Texas allows consumption but not in a bar, has to be 51% or more sales from food etc. Not sure on the BAC.


Are you sure? I thought you couldn't have any alcohol in your system at all.


Texas allows you to conceal carry and drink but you cant be over .8




Just took my renewal course yesterday.

The instructor hammered home this point repeatedly - Texas has a zero limit for consuming while carrying, meaning no consumption allowed at all. One beer and you have to put up the weapon. Being caught consuming even one beer will result in license revocation.
Link Posted: 4/16/2009 5:25:25 AM EST
[#3]
Quoted:
Carry and booze has 'bad idea' written all over it.


personal responsibility sucks huh?
Link Posted: 4/16/2009 5:53:55 AM EST
[#4]
As I understand the law here in Wyoming, you can't carry concealed in the portion of an establishment which is licensed to dispense alcoholic beverages for consumption on the premises, which portion is primarily devoted to that purpose. So I can and do carry concealed in a restaurant but I stay out of the bar area. I do sometimes have a beer with dinner, but will not get trashed when carrying.
Link Posted: 4/16/2009 5:55:17 AM EST
[#5]
In Utah, its the same standard as DUI, .08 BAC. Carry in bars is not restricted, nor is carry in any place that sells or dispenses alchohol.

I've carried in a bar on more than one occasion. I'm usually the DD, or limit myself to one drink. I would not carry drunk. I'lll often have a beer with dinner at a place like Applebees or Chilis... but its a one beer limit for me.

Link Posted: 4/16/2009 5:56:23 AM EST
[#6]



Quoted:


Carry and booze has 'bad idea' written all over it.


Thanks for helping, but that wasn't the question.



Indiana does.



 
Link Posted: 4/16/2009 5:57:59 AM EST
[#7]
Quoted:
I don't drink when I carry.


Same here, not a good idea.
Just to stay on topic though, I don't think Georgia does but I'm not real sure.
Link Posted: 4/16/2009 6:01:33 AM EST
[#8]
Texas technically allows CCW and alcohol consumption.  
It's illegal to be "intoxicated," though, and there is no definition for "intoxicated."  Therefore, it's pretty much illegal to CCW and have a blood alcohol level above 0.0.


Quoted:
Quoted:
Quoted:
Texas allows consumption but not in a bar, has to be 51% or more sales from food etc. Not sure on the BAC.


Are you sure?  I thought you couldn't have any alcohol in your system at all.


Texas allows you to conceal carry and drink but you cant be over .08


Nope.  There is no definition for "intoxicated" when carrying concealed. If you blow anything above 0.0, you're out of luck.
Link Posted: 4/16/2009 6:04:28 AM EST
[#9]
Quoted:
Texas technically allows CCW and alcohol consumption.  
It's illegal to be "intoxicated," though, and there is no definition for "intoxicated."  Therefore, it's pretty much illegal to CCW and have a blood alcohol level above 0.0.


...no. There certainly is a definition of intoxicated, and Andy just posted it. Try reading the first post on this page.
Link Posted: 4/16/2009 6:10:33 AM EST
[#10]
Quoted:
Texas technically allows CCW and alcohol consumption.  
It's illegal to be "intoxicated," though, and there is no definition for "intoxicated."  Therefore, it's pretty much illegal to CCW and have a blood alcohol level above 0.0.


Quoted:
Quoted:
Quoted:
Texas allows consumption but not in a bar, has to be 51% or more sales from food etc. Not sure on the BAC.


Are you sure?  I thought you couldn't have any alcohol in your system at all.


Texas allows you to conceal carry and drink but you cant be over .08


Nope.  There is no definition for "intoxicated" when carrying concealed. If you blow anything above 0.0, you're out of luck.




Not true. You cannot carry concealed when you are intoxicated.

Chapter 411.171 relating to the Concealed Carry Statues points to definitions in Chapter 49.01 where intoxicated is defined.



Sec. 49.01.  DEFINITIONS.  In this chapter:

(1)  "Alcohol concentration" means the number of grams of alcohol per:

(A)  210 liters of breath;

(B)  100 milliliters of blood; or

(C)  67 milliliters of urine.

(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.



So, take that as you will, but having a blood alcohol level of .01 and showing no physical or mental imparement will not land you in jail.

Link Posted: 4/16/2009 6:20:52 AM EST
[#11]
Quoted:
Chapter 411.171 relating to the Concealed Carry Statues points to definitions in Chapter 49.01 where intoxicated is defined.


You're right.  My instructor was wrong.

ETA: I think what he meant was that blowing a 0.01 will not prevent you from being consitered intoxicated if you're acting like an idiot.

(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.
Link Posted: 4/16/2009 6:55:28 AM EST
[#12]
It's not unlawful to CCW at establishments that serve alcohol in MA,or to consume while carrying,but LTC's are granted based upon subjective suitability and if found to be intoxicated while carrying,one could certainly have their license revoked or not have it renewed.
Link Posted: 4/16/2009 7:07:42 AM EST
[#13]
Quoted:

You're right.  My instructor was wrong.

ETA: I think what he meant was that blowing a 0.01 will not prevent you from being consitered intoxicated if you're acting like an idiot.





Most any instructor is going to tell the students not to drink anything. All of the instructors I've had said the exact same thing. I think they mostly do this for a few reasons:

1. To keep people with a CHL from getting drunk and being involved in a shooting giving all CHL's a bad name.
2. To keep people from getting drunk and being arrested with their concealed handgun and saying, "My instructor said that I could drink and carry my gun!"

I personally don't think it's any big issue for most people to have a beer or two at lunch while you're carrying. I also think that there are some people that shouldn't drink a drop of alcohol when they're carrying. It's all going to be situational dependant and just to cover all of the bases most instructors are going to say "Don't drink anything".

Just don't fall into the trap of thinking that everything your instructor says is the absolute bottom line truth.
Link Posted: 4/16/2009 7:46:36 AM EST
[#14]
Quoted:

Quoted:
Texas allows consumption but not in a bar, has to be 51% or more sales from food etc. Not sure on the BAC.


Are you sure? I thought you couldn't have any alcohol in your system at all.


Texas allows you to conceal carry and drink but you cant be over .8




Just took my renewal course yesterday.

The instructor hammered home this point repeatedly - Texas has a zero limit for consuming while carrying, meaning no consumption allowed at all. One beer and you have to put up the weapon. Being caught consuming even one beer will result in license revocation.


That's what mine said as well.
Link Posted: 4/16/2009 10:08:39 AM EST
[#15]
Quoted:
Quoted:

Quoted:
Texas allows consumption but not in a bar, has to be 51% or more sales from food etc. Not sure on the BAC.


Are you sure? I thought you couldn't have any alcohol in your system at all.


Texas allows you to conceal carry and drink but you cant be over .8




Just took my renewal course yesterday.

The instructor hammered home this point repeatedly - Texas has a zero limit for consuming while carrying, meaning no consumption allowed at all. One beer and you have to put up the weapon. Being caught consuming even one beer will result in license revocation.


That's what mine said as well.


They were both wrong.  As I and others have pointed out, the definition of "intoxicated" for the relevant statute, while somewhat ill-defined, at least bears the definition of "substantial impairment."

I had a couple of beers at the san antonio tea party.  I was carrying.

Did I break the law?  No.  I was not "substantially impaired."
Link Posted: 4/16/2009 10:14:19 AM EST
[#16]
Quoted:
New York.  Yes, really.


Yup
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