I know drinking while carrying a concealed handgun is a big no-no. But what does the law say about having a loaded handgun concealed in your vehicle after drinking a couple of beer?... I am NOT talking about being intoxicated, I am talking about being BELOW the legal limit to operate a vehicle.
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Too tired to look it up but it does say something about having it while committing any crime above a class C misdemeanor is bad.
Basically if you get a speeding ticket or something like that, no big deal. But a DWI is automatically a class B so being in possession of a gun would come into play. -
If you have to ask, don't do it.Comment
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I've read that there is "no minimum limit" in regards to drinking while carrying. So i interpret that as any detectable amount.Originally posted by kfd82 View Post
Does that same rule apply to having it concealed in your vehicle? Or are you good as long as your obeying the law?Comment
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I hope you are prepared for about 40 wrong answers and a couple of right answers. If or when tvc184 posts up that is the advice to stick to.Comment
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our instructor was stumped on this question also in class. if you have a chl then you dont have to be intoxicated it is up to the officers discretion that being said you will not recieve a dui if you dont fail the test however the officer can file paper work to suspend your chl license. hope that isnt one of the wrong answersComment
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Thanks for the heads up.Originally posted by westtexducks View Post
Just bought a new handgun specifically to keep in my truck. I am just trying to make sure that if I go to dinner and have a beer with my meal that I am obeying the law.Comment
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Even if the gun isn't on your person? My intension is to keep the gun in the center console at all times, unless God forbid I need to use it.Originally posted by Dallascowboys View PostComment
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if you dont have a chl license and your not intoxicated then there is really nothing they can do. matter of fact you dont even have to tell them you have a firearm in the vehicle. i would but its not against the law not to. IF you dont have a chl
if you have a chl yes even if its in the console it is up to the officers discretion because by law you have to tell them your a chl holderComment
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This is where I get confused... If you DO have a CHL, but don't have the gun on your person, rather in the center console of your truck, are you legally within your rights to have a beer at dinner?Originally posted by Dallascowboys View PostComment
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I guess you could kinda think about it the same as your house since that is why they let you keep it in the car in first place. But again I have no legal backing at all so don't quote me.Originally posted by DirtNap View PostComment
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I would have it out of reach, not in console next to me.Comment
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the best i can explain it is like this say you go and have a beer get pulled over and the cop is p.oed he smells beer on your breath makes you dance the intox dance and you pass this is all after you show him your chl license of course. you pass the breathalizer so he legally cannot take you to jail cause your not drunk but by law its up to the officers discretion whether or not he wants to file paper work to suspend your chl license. so the short answer is no you will not get arrested but you may lose your chl even if the gun is in the console. chl holders are held to a higher standard like i said that is what we were taught in our class.Comment
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FollowingComment
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No legal limit in the law. Simply references under the influence which is vaguely defined.Comment
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