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I know...sore subject....but!

zekester

zekester

Regular Member
Joined
Mar 28, 2010
Messages
664
Location
Uvalde, Texas
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:
KBCraig

KBCraig

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Joined
Aug 7, 2007
Messages
4,886
Location
Granite State of Mind
Not applicable. Note the portion I highlighted:

zekester said:
(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.
Click to expand...

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.
 
zekester

zekester

Regular Member
Joined
Mar 28, 2010
Messages
664
Location
Uvalde, Texas
so....I can OC at work and at home, drunk or not?.....BTW...not advocating....I own my own business, but rent the space
 
HPmatt

HPmatt

Regular Member
Joined
Aug 18, 2013
Messages
1,468
Location
Dallas
zekester said:
so....I can OC at work and at home, drunk or not?.....BTW...not advocating....I own my own business, but rent the space
Click to expand...

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.
 
B

bushwacker

Regular Member
Joined
Jan 4, 2011
Messages
203
Location
pottsboro,texas
zekester said:
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.
Click to expand...

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?
 
M

mustangkiller

Regular Member
Joined
Sep 15, 2009
Messages
300
Location
, ,
bushwacker said:
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?
Click to expand...
It works with DWI cases so why not self defense cases?
 
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