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Thread: I know...sore subject....but!

  1. #1
    Regular Member zekester's Avatar
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    I know...sore subject....but!

    Texas law cleary states ( tell me if I miss something )...Subchapter H, Chapter 411....

    (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.

    Just asking....so....I am at home...drunk as a skunk....and just by possessing or carrying a firearm at home....I am breaking the law?

    I know this is for the "license" holder from the state, which I am not one, but if you do have one.....makes no sense to me...

    The state is saying that if I am .08 and an intruder breaks in to my house, it is legal to shoot him, but I will be arrested for carrying a firearm because I am intoxicated?

    I would think it should look somethng like Missouri....:

    (5) Has a firearm or projectile weapon readily capable of lethal use on his or her person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or projectile weapon unless acting in self-defense;



    Please advise.....

    Just moved back to Texas....just doing research.
    Last edited by zekester; 12-18-2012 at 02:07 PM.
    GOD gave me rights!!!....The Constitutuion just confirms it!!

  2. #2
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    Not applicable. Note the portion I highlighted:

    Quote Originally Posted by zekester View Post
    (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.
    This only applies where a CHL is required to carry.

    That means it does not apply on private property you own or control, under the Motorist Protection Act (as a passenger, of course, if you're drunk), while engaged in (scary!) or en route to a sporting activity commonly requiring use of a handgun of the type in your possession, or while traveling.

  3. #3
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    Quote Originally Posted by KBCraig View Post
    Not applicable. Note the portion I highlighted.
    I'm glad you figured it out. After that useless and uninformative thread title, I didn't have the stamina left to look it up.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

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  4. #4
    Regular Member zekester's Avatar
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    so....I can OC at work and at home, drunk or not?.....BTW...not advocating....I own my own business, but rent the space
    GOD gave me rights!!!....The Constitutuion just confirms it!!

  5. #5
    Regular Member HPmatt's Avatar
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    Quote Originally Posted by zekester View Post
    so....I can OC at work and at home, drunk or not?.....BTW...not advocating....I own my own business, but rent the space
    Texas castle law now covers you carrying weapon a) at home, b) at work - assuming your employer is okay with it, and suppose the landlord has no restrictions on his private property and in your lease, and c) in your car. You can OC at your home and work premises, would suggest covering it with a hanky in your car.
    “Men live without other security than what their own strength and their own invention shall furnish them"
    -Thomas Hobbes 1651

  6. #6
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    Quote Originally Posted by zekester View Post
    Texas law cleary states ( tell me if I miss something )...Subchapter H, Chapter 411....

    (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.

    Just asking....so....I am at home...drunk as a skunk....and just by possessing or carrying a firearm at home....I am breaking the law?

    I know this is for the "license" holder from the state, which I am not one, but if you do have one.....makes no sense to me...

    The state is saying that if I am .08 and an intruder breaks in to my house, it is legal to shoot him, but I will be arrested for carrying a firearm because I am intoxicated?

    I would think it should look somethng like Missouri....:

    (5) Has a firearm or projectile weapon readily capable of lethal use on his or her person, while he or she is intoxicated, and handles or otherwise uses such firearm or projectile weapon in either a negligent or unlawful manner or discharges such firearm or projectile weapon unless acting in self-defense;



    Please advise.....

    Just moved back to Texas....just doing research.
    whose to say you was drunk when you shot the perp in your house , maybe the whole chain of events was so overwhelming that you slammed a half bottle to calm your nerves before calling the police...right?
    Our ancesters, veterens, and people of the service gave and are giving their time and sacrifice to preserve and defend our rights . it''s up to us the people to show appreciation by not sacrificing but investing time to exercise and preserve those rights.......the bushwacker...

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    Quote Originally Posted by bushwacker View Post
    whose to say you was drunk when you shot the perp in your house , maybe the whole chain of events was so overwhelming that you slammed a half bottle to calm your nerves before calling the police...right?
    It works with DWI cases so why not self defense cases?

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