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PT145SS · 01-03-2012, 09:17 AM

I can't believe all the BAD in information in this thread about Conceal Carry in Texas.

Although I have personal stance in that I do not carry and drink...period...That is not what the law says. In PC 46.035 in clearly says that one cannot carry while intoxicated. While there can be arguments on what intoxicated means...it definitely does not suggest a zero tolerance.

Also, nowhere in the code does it say that a night club is off limits. What the codes says is that a CHL holder cannot carry in a place designated by the TABC to be 50%. That is 50% or more of the establishments revenue come from on premises consumption of alcoholic beverages. I would assume that most "clubs" do fall within this category but not necessarily all. And now there is a defense to prosecution if the establishment is not properly posted with a 50% sign.

In Texas there is NO DUTY TO RETREAT if you are in a place you are legally allowed to be and are justified to use deadly force.

I have not been able to find anything that says you cannot defend yourself if you have been drinking. One post said only in your home if one has been drinking...I believe I would be justified in other situations outside the home even if I had been drinking. For example, say I had been drinking and while on the way home, with my wife driving and stopped at a light, a car jacker attempts to pull my wife out of the car. She of course has a handgun in the center console, under the MPA, I react out of "necessity" and use the handgun to protect my wife. I believe that "necessity" would make the situation justified...regardless of my having had a few drinks. Does drinking make it harder to defend in court...I would imagine so. Does drinking absolutely make it illegal to use a handgun in self defense...absolutely not.

01-03-2012, 09:17 AM	#45
PT145SS Drives: 2011 2SS, 2008 MB E50, 2004 RAM Join Date: Sep 2010 Location: Austin, TX Posts: 139	I can't believe all the BAD in information in this thread about Conceal Carry in Texas. Although I have personal stance in that I do not carry and drink...period...That is not what the law says. In PC 46.035 in clearly says that one cannot carry while intoxicated. While there can be arguments on what intoxicated means...it definitely does not suggest a zero tolerance. Also, nowhere in the code does it say that a night club is off limits. What the codes says is that a CHL holder cannot carry in a place designated by the TABC to be 50%. That is 50% or more of the establishments revenue come from on premises consumption of alcoholic beverages. I would assume that most "clubs" do fall within this category but not necessarily all. And now there is a defense to prosecution if the establishment is not properly posted with a 50% sign. In Texas there is NO DUTY TO RETREAT if you are in a place you are legally allowed to be and are justified to use deadly force. I have not been able to find anything that says you cannot defend yourself if you have been drinking. One post said only in your home if one has been drinking...I believe I would be justified in other situations outside the home even if I had been drinking. For example, say I had been drinking and while on the way home, with my wife driving and stopped at a light, a car jacker attempts to pull my wife out of the car. She of course has a handgun in the center console, under the MPA, I react out of "necessity" and use the handgun to protect my wife. I believe that "necessity" would make the situation justified...regardless of my having had a few drinks. Does drinking make it harder to defend in court...I would imagine so. Does drinking absolutely make it illegal to use a handgun in self defense...absolutely not.