castle doctrine & alchohol

[Frank Ettin]

That's "Stand Your Ground". Different animal.

"Castle Doctrine" has to do with a presumption of lethal intent by an intruder in your own home.

So really, this question doesn't make much sense as asked.

Sam1911, we were told in CHL class that the castle doctrine allowed for a concealed gun in a vehicle without a CHL. Is that not correct?

I have no idea how a CHL instructor could reach that conclusion based on the Castle Doctrine. In fact, there is a Texas statute dealing specifically with carrying a gun in the car without a CHL (46.02(a-1):

...(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.
...​

The Castle Doctrine is something else entirely.

 

[moxie]

In TEXAS, it is legal to drink while carrying with a CHL. Carrying while intoxicated, as defined above, is not legal. And of course in an establishment legally posted with a 30.06 (usually hospitals) or 51% sign (a bar), or otherwise prohibited (e.g., gov't bldgs.). It is very similar to the requirements, in Texas, concerning drinking and driving. You can drive or carry legally after consuming alcohol, but not if you are intoxicated.

In TEXAS, if driving while you are carrying CHL, and you are stopped by law enforcement, and asked to produce your driver's license, you must also produce your CHL.

In TEXAS, it is legal to have a gun in a car on or about your person without a CHL. But you can't be intoxicated, or engaged in criminal activity, or be a member of a street gang.

 

[jlr1962]

I have no idea how a CHL instructor could reach that conclusion based on the Castle Doctrine. In fact, there is a Texas statute dealing specifically with carrying a gun in the car without a CHL (46.02(a-1):

​

The Castle Doctrine is something else entirely.

They were attempting to sell the Texas Law Shield insurance at the same time the castle doctrine was brought up. The Texas Law Shield guy was a no show that night. It was an awkward situation.

 

[Frank Ettin]

I've had it.

The OP asked about Texas law with regard to a particular issue. Despite the clearly limited scope of this thread, and Sam and I reminding everyone of that, folks continued to post about other matters and the laws of other States.

Twenty off-topic posts were deleted by Sam or me.