Zero tolerance for alcohol?

[slicemaster]

Good day. New user, first post, glad to be here, lot's of good info and good people........

You know the drill for first times posters........

Quick question I don't see addressed. I did look and search.

My ccw instructor obviously went over the 30.06 sign and the 51 sign. He also said having a weapon in a place that sold liquor but did not have to post the 51 sign was ok. But he was very vehement on this last point: Texas has a zero tolerance policy for ccw and alcohol. Other states have the same laws as driving, usually .08 BA. But in Texas, the first sip of beer, wine or liquor can make you lose your permit.

I have checked the statutes, but don't see anything specific. But then again, I am a layman reading law, which never goes well for being able to understand.

Can someone confirm or deny the zero tolerance policy?

I do not intend to go on a bender while carrying, and honestly believe I will never touch alcohol while armed. That is probably a good personal rule. But I always like to know the difference between what I think is right and what is legal.

 

[theicemanmpls]

Texas Penal Code
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER

(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.

""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"

It's up to the officer, then the judge. No drinks, drugs, and guns.

 

[DougG]

As my instructors said, all it takes is one sip while carrying and an officer can take your gun and CCW

 

[HK4U]

No "legal limit " while carrying in Texas. If the officer thinks you are impaired then you are. Best advice is if you are carrying a firearm do not drink.

 

[JSDinTexas]

No "legal limit " while carrying in Texas. If the officer thinks you are impaired then you are. Best advice is if you are carrying a firearm do not drink.

+1 I don't drink so it's no big deal to me, but law or not, if a person is in a shooting incident and is found to have been drinking in any amount, I doubt that it will go well at the grand jury hearing.

 

[artilum]

Just to chime in and back up everyone else, apparently...

There is no legal limit when carrying a handgun. If you're going to drink, leave your gun at home. If you're going to carry, don't drink.

 

[scottdls]

Carrying "under the influence"

No "legal limit " while carrying in Texas. If the officer thinks you are impaired then you are. Best advice is if you are carrying a firearm do not drink.

The definition of intoxicated in the Texas Penal Code is the same for carrying as it is for driving a car. It would require the same standard of proof AT TRIAL to convict you of carrying while intoxicated, as it would for driving while intoxicated. 0.08 BAC and you definitely are (per the Penal Code). Below that, the facts will have to be established by a jury, just as in a DWI. So it is not a matter of what the police officer "thinks".

 

[nogods]

Texas Penal Code
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER

(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.

""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"

It's up to the officer, then the judge. No drinks, drugs, and guns.

what part of "shall not be infringed" doesn't the Texas legislature understand?

In ultra-liberal NYS there are no such restrictions.