Unlawful Carry Arrest


New member
Well Kelcarry. Some of us grown ups who can handle our sh** can still function in an adequate mental and physical capacity above .08. Since half a zima impairs you to the point of incoherentness then yes you should not carry. However, a grown man with hair under his arms more than likely can have 5 beers and still make conscious decisions about their danger level while keeping in mind the parameters for lethal force set by their state. One should not have to forfeit their right to defend yourself because they had a few beers at theneighbors BBQ or what have you. You weren't wrong to carry OP, you were wrong to get caught...but it happens. I'm sure Texas is littered with pro gun/carry lawyers so just start with the first one in the phone book or ask someone around there.

That is so overwhelmingly bad, I don't even know where to begin.:laugh:


New member
way off topic here to start off but i've thought the same thing as terminal lance in a way but say you had a few, go home sleep and someone breaks into your house with a deadly weapon? you all are going to tell me you wont pull the trigger all because you know before you went to sleep you had a few and would still show in your system? anyways we all make mistakes yes that sucks but we are all human this thread could go in so many different directions i just hope it comes out for the best for you in the end and you can move on with your life!

That is not CCW, that is a different thing entirely.


New member
It's not that I was being negligent and carousing around with a firearm. I ha been out and went home and ate and "sobered up" the only problem is that it was a small town and the police had seen me earlier after the bar (not carrying) and I was ready to leave the town and was stopped (while carrying as any of you would do to leave anywhere) and was surrounded. It's not that I was blasted drunk or blatantly disregarding the law, I was just in a sticky situation. Yall should have some kind of heart for this because I know at some point you have made a bad decision and have paid for it. This is not my way of saying F you to the gun community. It is my way of reaching out for help, admitting my wrong, and looking to improve on it. There is NO WAY I would place myself in this type of situation ever again.

Wisdom is a pearl beyond price, go forth and sin no more. (serious, but tongue in cheek.)


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Haha yes spot on! I made a valid point about the FACT that alcohol effects people differently based on several variables, so that could only mean I'm a raging alcoholic that masturbates to bottles of scotch that are old enough to buy their own scotch. Wrong. I gave up drinking a while back, but even if I were a drunk it wouldn't change the validity of my remarks.

I've never known a drunk, an alcoholic (raging or masturbating), or a simple party drinker that didn't "think" they could hold their booze. Famous last words before they get behind the wheel and kill innocent families on our highways. And of course none of these people would ever "think" of causing an accident or killing someone, they do it "without thinking". Cemetery's all across our country are filled with people who "think" like you, and because of people who "think" like you.[/QUOTE]

I used to work part time on the drug and alcohol unit at my hospital. I have heard that tale about "I can function normally while drinking." My personal experience and many tests to check performance while over .8 is that not one person actually tested could actually do it.


New member
Hey guess what. Strangers don't pull knives on you for any reason other than to threaten or take your life.
How about if they were intoxicated and thought you were the bad guy and felt threatened? No presumption other than danger could be made.How about if they saw someone or something about to attack you from behind and were attempting to protect you? Never say never and never say always.

Also, castle doctrine protects against any civil penalties as well as legal.
That is true in some states, but not in others.

I thought you were done with this post?


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I must apologize for the chain posting tonight, I've been ill and am just now catching up on my reading.:pleasantry:


New member
Cowboy615, it sounds like you have already learned from your experience. I think NavyLCDR summed up the possibilities of what can happen to you pretty well. Your MS CC can only be revoked by MS, but they will probably be informed of the incident by TX. You might want to consult an MS firearms lawyer before this comes up so he can give you ideas on how to prepare. This should only cost you around $100-150, well worth your CCW when you put it in perspective. One thing he might suggest is joining AA or getting Alcohol counseling. This would show you are doing something positive about the drinking and the court MIGHT allow you to keep the CCW since you are seeking treatment for what the court would see as your problem.

Cowboy, the rest of this post is for the rest of the forum posters in general.

When I lived in California, every single mailing that I received from Department of Motor Vehicles (DMV) had a chart showing what an adult could drink per hour, by body weight, and normally stay under a .08 Blood Alcohol Content (BAC). A drink equals 12 ounces of beer, 8 ounces of wine or a shot, 1.5 ounces, of hard alcohol. I average 225-245 pounds and I can do four (4) drinks PER HOUR and not blow .08! This also is affected, actually goes higher, if you had dinner or drank water or non-alcoholic beverages right before you started drinking.

I typed all that to make the point that we are not talking about a "Few beers" being the standard by which we are judging someone to be drunk. We are talking about a 12-pack consumed in under 2 hours. THAT makes a dangerous mind to do anything. If you cannot recite the alphabet or count backwards, you cannot properly identify targets, clear your backstop, protect innocent bystanders and practice cover and concealment to protect yourself in under three seconds. Any monkey can draw and pull a trigger; that is not what being a responsible CCW carrier is about. Turning the key is not what being a responsible driver is about. Being able to clearly and concisely exercise drills safely and quickly with accuracy is what it is about, and that can not be done under the influence of alcohol.

My gun is in a locked container when I drink at dinner. I can't say I would never retrieve it were I being attacked, but I would surely be just as afraid of the aftermath as I was of the attack. Also, my wife and I usually agree on a "designated driver." We have agreed at home that the DD is also the "Designated Protector" - the one who carries for the night. So one drinks and one carries. It works for us. :biggrin:


New member
I've always wondered about this topic and being new here I now see it's been covered before and also here in this post. I'm not a big drinker but I will sometimes have a beer or two if out to dinner. So here's a legitimate question and I am curious to see how most would or recommend handling it. If I know I will be out and drinking I will ALWAYS keep my firearm at home but sometimes we'll go out to dinner and I will have no intentions of drinking and if the mood strikes me I will have a beer or two with dinner. My rule with that is if I have had more than one beer, knowing full well it will have zero effect on me I always make my wife drive anyway. I feel if god forbid I get pulled over or in an accident it is not worth the BS. Typically when we go out and if I am unsure on whether I may want to have a drink with dinner I will always leave the gun at home although I wish I could carry it just in case especially since I know I am not going out to get hammered but the way gun laws are I would rather be safe than sorry. So in the OPs case how would you handle say your out of town and you have your firearm with you and you decided to do some drinking but you left the firearm in the vehicle or a friends house but circumstances come up where rather than spend the night you need to get home providing you have a designated driver. Would most LEOs still go to the extent of charging you should you have had the firearm in a bag in the trunk rather than on your person or do you think that they would let it go seeing that you took actions to make sure that the weapon was not easily accessible? I also wonder this in the instances where say your visiting a buddy or at work and a couple guys want to go and get drinks afterward. If I have my gun on me I always opt out and don't go simply because I do not want to deal with the ramifications should I have a couple drinks but I still need to get home at the end of the night and because the gun was in my vehicle even if it wasn't on me and in a storage compartment under the back seat in my truck and I have a sober driver I can still get possibly get screwed, but say in this case I did go out and had a couple and the gun was in the vehicle but not easily accessible and say you had the gun in a storage compartment and the loaded mag in the glove box. Do you still think a LEO would break your chops or just let you go on your way?


New member
Our local head sheriff has been caught twice drinking while driving while on the job! He thought it appropriate to simply dock himself a day's pay for each instance. No ticket, no fine, no loss of license, no jail time. Yes, he had a weapon/gun each time.


New member
No need to inspect the books. If a place meets that criteria in Texas, they are supposed to have a huge sign at the entrance indicating that concealed carry is not allowed. The last time I visited a bar in Texas, the sign was hard to miss.

The sign must have a big "51" on it and must be posted at every entrance. It's not hard to know where you can and cannot carry in Texas ... just troublesome sometimes when you don't know ahead of time.


New member
Did they seize your weapon also?

Most states you would loose your CWP and the weapon. Good luck!

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