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To: Sans-Culotte

[When I took the concealed carry class here in Houston, we were told that drinking, let alone drunkenness is not allowed if you are carrying a weapon. If the dude @ Phoenix was actually drunk, I would question whether his concealed weapon was “legal”. He probably had a driver’s license as well, but it too is void if he was drunk.]

I haven’t studied the CC laws here but I seriously doubt that it is illegal to carry if under the influence UNLESS the weapon is brandished.

As to having a D/L, it is perfectly legal to have a D/L while drunk. Your D/L is NOT “voided”. You just are not allowed to drive.


20 posted on 03/16/2008 10:12:44 AM PDT by dbacks (Taglines for sale or rent.)
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To: dbacks
I haven’t studied the CC laws here but I seriously doubt that it is illegal to carry if under the influence UNLESS the weapon is brandished.

Here in Texas, carrying a loaded gun while your are also "loaded" is not allowed. Just as it is not allowed to carry it to a school, hospital, bar, etc. The "brandishing" would have nothing to do with it, aside from the fact that you would not be charged with unlawful possession of a firearm if no one knows you have it. If you were accosted by the Police, and they discover you are both drunk and carrying, you would likely be charged with unlawful possession of the firearm, regardless of the license.

As to having a D/L, it is perfectly legal to have a D/L while drunk. Your D/L is NOT “voided”. You just are not allowed to drive.

I meant that the right to drive is "voided" if drunk, regardless of the license. But I suspect you knew that was what I meant. The analogy with the driver's license was that having a license, and then violating the terms of the license does not mean you complied with the law. If you drive drunk it is no defense to say you are legally licensed to drive. The same would be true if you are found to be in possession of a weapon while drunk. Here in Texas, we were taught that if a policeman stops you, for, say, a routine traffic stop, you should give him both your DL and CCL if you are carrying at the time.

22 posted on 03/16/2008 12:28:48 PM PDT by Sans-Culotte
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