TX Casle Doctrine/auto et.al.

[TexasRifleman]

I was told this in my CHL renewal class two weeks ago.

You were told incorrect information.

PC 46.035:

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.

 

[macadore]

You were told incorrect information.

Thanks, I thought this was rather extreme. I was told that if you were breaking the law if you had your handgun with you and had any amount of alcohol in your system. The instructors husband is with SAPD. This is all very disturbing. Thanks again.

Looks like I need to join Texas Rifle Association.

 

[nalioth]

weapon <snip> can not be accessed

This affects other states - not Texas.

We don't have laws on how accessible your firearms are. If you're not restricted from carrying them, you can carry them locked and loaded and if a long gun, at low-ready (not saying the disorderly conduct charge won't show up, but such carriage is legal)

 

[hirundo82]

Thanks, I thought this was rather extreme. I was told that if you were breaking the law if you had your handgun with you and had any amount of alcohol in your system.

The legal standard for carrying while intoxicated is exactly the same as driving while intoxicated--your faculties are impaired due to the consumption of a substance, or your BAC is over 0.08.

 

[dturner1993]

Texas rifleman, I saw another post where you stated that a person was not allowed to carry a handgun in the backseat of a friend's vehicle, even if they had a CHL and the weapon was concealed. I think you need to take another peak at the Penal code. No where in the law does it prohibit a law abiding citizen from carrying a weapon on his person, provided that it is concealed, accompanied with a CHL in a friend's car. Also, you are incorrect the castle doctrine. A person's vehicle is an extension of their home, except for violations of chapter 49 of the Penal Code.

 

[dturner1993]

In the case where a person is carrying a rifle or shot gun in plain view in a public place, I would approach the person, as a police officer to ascertain the individual's frame of mind. I then would continue observing the person's behavior while in public. If they did anything that caused alarm to the public, an arrest would be made.

 

[dturner1993]

I love the law that states intoxicated persons commit an offense if intoxicated while in possession of a handgun.

 

[hirundo82]

In the case where a person is carrying a rifle or shot gun in plain view in a public place, I would approach the person, as a police officer to ascertain the individual's frame of mind. I then would continue observing the person's behavior while in public. If they did anything that caused alarm to the public, an arrest would be made.

Penal Code §42.01(a)(8) says that a person commits the offense of disorderly conduct if he "displays a firearm or other deadly weapon in a public place in a manner calculated to alarm," not simply if someone becomes alarmed. What if some tree hugger sees a hunter with a rifle and is alarmed that he is going to kill Bambi? What if some hoplophobe is alarmed by a LEO's holstered sidearm (no LEO exception to disorderly conduct)?