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Arkansas to allow concealed carry at games

1,445 Views | 18 Replies | Last: 7 yr ago by dr_boogs
AgEng06
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Of course, most people are losing their damn minds...

aggiepaintrain
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not a good idea if you can drink there too, which I imagine you can.
AgEng06
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Even our own TexAgs...

AgEng06
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aggiepaintrain said:

not a good idea if you can drink there too, which I imagine you can.

Yeah, but I imagine there are already laws against drinking (or being intoxicated) while carrying in AR, so patrons have to choose one.
BenderRodriguez
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AgEng06 said:

Even our own TexAgs...




Disappointing to see that idiocy from Texags.

Here's a friendly reminder: the jerks you encounter at games who drink too much, try to start fights, are obnoxious asses? They aren't the type who carry in the first place.

Like every other public place where people can carry, ******s will spout the same things they say every time: they'll shoot bystanders, why would you need a gun there, someone is going to get in a fight and shoot someone, etc.

And just like campus carry and every other time people have wrung their hands about law abiding gun owners...they'll be wrong, again.
CanyonAg77
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aggiepaintrain said:

not a good idea if you can drink there too, which I imagine you can.

Don't know about Arky, but there is zero tolerance for drinking while carrying in Texas. And if you have a previous DUI, you're not getting a carry license. Not easily, at least.
A.G.S.
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CanyonAg77 said:

aggiepaintrain said:

not a good idea if you can drink there too, which I imagine you can.

Don't know about Arky, but there is zero tolerance for drinking while carrying in Texas. And if you have a previous DUI, you're not getting a carry license. Not easily, at least.
I was under the impression you could drink, just could not be intoxicated. (Edited for clarity)

#28 on the list
CanyonAg77
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A.G.S. said:

CanyonAg77 said:

aggiepaintrain said:

not a good idea if you can drink there too, which I imagine you can.

Don't know about Arky, but there is zero tolerance for drinking while carrying in Texas. And if you have a previous DUI, you're not getting a carry license. Not easily, at least.
I was under the impression you could drink, just could not be intoxicated. (Edited for clarity)

#28 on the list

Did you not read the rest of it?
Quote:

Can I carry a handgun if I am drinking alcohol?
Quote:

"Carrying" while drinking is not prohibited, but it is a criminal offense to carry while intoxicated. (Intoxicated is not the same as limits for DWI. Currently there is NO MINIMUM LIMIT for intoxication under CHL law)

So, if you drive a car, you can get away with what, a 0.08% blood alcohol? So blow a 0.079 and you're fine.

What can you blow and still legally carry?

No one knows.

REPEAT:

NO ONE KNOWS.

Notice the part where it says "no minimum limit"? So if you shoot somebody, and they test your blood alcohol, you might be okay with a 0.079, maybe with a 0.04. Or maybe, you can be charged with a blood alcohol content of 0.00000001%. No one has yet been arrested for carrying while intoxicated, and no legal minimum was established by the law or established in court, as far as I know.

Would you like to be the one arrested and charged and be the test case?

Not me.
AgEng06
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It's still incorrect, IMO, to say there is "zero tolerance". There is likely some level of tolerance, we just don't have a definition of what it is.
CanyonAg77
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AgEng06 said:

It's still incorrect, IMO, to say there is "zero tolerance". There is likely some level of tolerance, we just don't have a definition of what it is.
Okay, so I'm a little clumsy with the language. But with no legal minimum, it then devolves to the arresting officer, or the local DA, to decide what is "intoxicated". If you disagree, and are arrested, it's going to take some very expensive wasting of your time in the court system and/or jail to challenge their interpretation.

If you want to be that test case, go for it. As for me and anyone who were to ask my advice, I'd say "Don't carry if you intend to drink at all."
AgEng06
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Fair enough. I agree with your overall sentiment.
A.G.S.
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I certainly agree with your sentiment, I just disagreed with the way ya said it. For the record, I do not mix the 2 in public.
Sorry I didn't take the time to accurately convey my message.

However, I was under the impression that it was the same .08. The latest I found was the following:

Penal Code 46.035
(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 or carried in a shoulder or belt holster.
(Subsection ammended 2015)

Penal Code 411.171
(6) "Intoxicated" has the meaning assigned by Section 49.01, Penal Code.
(Can't find reference date for this subsection)

Penal Code 49.01
(2) "Intoxicated" means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
(B) having an alcohol concentration of 0.08 or more.



I am certainly not a lawyer, so I could very well be reading this wrong. And I could also be looking at outdated statutes. However, this is what I found through Google, and following the rabbit hole.

If I am incorrect, please correct me.
txyaloo
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CanyonAg77 said:

A.G.S. said:

CanyonAg77 said:

aggiepaintrain said:

not a good idea if you can drink there too, which I imagine you can.

Don't know about Arky, but there is zero tolerance for drinking while carrying in Texas. And if you have a previous DUI, you're not getting a carry license. Not easily, at least.
I was under the impression you could drink, just could not be intoxicated. (Edited for clarity)

#28 on the list

Did you not read the rest of it?
Quote:

Can I carry a handgun if I am drinking alcohol?
Quote:

"Carrying" while drinking is not prohibited, but it is a criminal offense to carry while intoxicated. (Intoxicated is not the same as limits for DWI. Currently there is NO MINIMUM LIMIT for intoxication under CHL law)

So, if you drive a car, you can get away with what, a 0.08% blood alcohol? So blow a 0.079 and you're fine.

What can you blow and still legally carry?

No one knows.

REPEAT:

NO ONE KNOWS.

Notice the part where it says "no minimum limit"? So if you shoot somebody, and they test your blood alcohol, you might be okay with a 0.079, maybe with a 0.04. Or maybe, you can be charged with a blood alcohol content of 0.00000001%. No one has yet been arrested for carrying while intoxicated, and no legal minimum was established by the law or established in court, as far as I know.

Would you like to be the one arrested and charged and be the test case?

Not me.

That website is not correct nor is your definition of intoxication whether it's driving a car or carrying a gun.

It is accurate that there's no legal minimum limit for intoxication in the penal code. Per the penal and administrative code, the same definition of intoxication for DWI applies for LTC. You can be intoxicated from prescription or OTC drugs or even when you have a BAC of <.08 if an LEO determines you don't have the normal use of mental or physical faculties.

Quote:

(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

(B) having an alcohol concentration of 0.08 or more.
Do you ever drive after taking tylenol or other prescriptions? You make a big stink about being a test case, but I bet you don't think twice about taking prescriptions and getting behind the wheel.

Do guns and being drunk mix? Absolutely not. But I should not be kept from carrying just because idiots around me are drunk. I've carried around plenty of drunk idiots in my life. I did it several weeks ago at Houston rodeo cook-off. I had a single beer during the day. My gun stayed holstered, I didn't fight anyone, and my gun didn't shoot anyone.

There is a reason the legislature used the same definition of intoxication versus putting in a strict prohibition on carrying while drinking. If they intended for drinking to be strictly limited while carrying, they would have written the law that way. Instead they have left it up to the individual carrying and any officer who contacts them to decide whether they are intoxicated.
Superdave1993
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One plus about living in Arkansas.

This has passed, but they will hash out the final details. They are expecting the final portion to be finished in January.

Right now it is looking like an additional 8 hours of training on top of the standard 8 for our CHL. Unsure of the final ruling on booze and the legal limit. Opened up college campus carry, church carry, restaurants and bars.

Yes, many are loosing their minds but you have to be 21 to get a CHL, so not that many students will be packing.

The Wonderer
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CanyonAg77 said:

aggiepaintrain said:

not a good idea if you can drink there too, which I imagine you can.

Don't know about Arky, but there is zero tolerance for drinking while carrying in Texas. And if you have a previous DUI, you're not getting a carry license. Not easily, at least.


Have to wait 5 years from date of conviction.
schmellba99
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aggiepaintrain said:

not a good idea if you can drink there too, which I imagine you can.



I just dont understand this logic.
CanyonAg77
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Quote:

Have to wait 5 years from date of conviction.
Thanks, I figured there was a forgiveness aspect, too lazy to Google.
Texas 1836
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schmellba99 said:

aggiepaintrain said:

not a good idea if you can drink there too, which I imagine you can.



I just dont understand this logic.
Agreed
BenderRodriguez
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schmellba99 said:

aggiepaintrain said:

not a good idea if you can drink there too, which I imagine you can.



I just dont understand this logic.

I don't know anything about the guy you're quoting and I'm not saying he is like this, but sometimes what you'll notice is people tend to express fears/concerns based on their own personal experiences and issues.

The people I know that say concealed carry would lead to shoot outs over traffic spaces are the exact type of person to get in a fight over a parking space with no gun around. Some people are very concerned with alcohol availability around guns because they aren't the type capable of turning down a drink or even having a beer and then walking away, and know that it would be a terrible idea for them to drink anything while carrying because they don't stop at one. Those people then project their own issues onto the population at large, and think because they would shoot someone over a parking space or because they wouldn't trust themselves to not drink if they were carrying and around alcohol, no one else could resist those urges either.

Again, not saying he is that way, but I know some vocal liberals with anger issues who are very anti carry because they know that they shouldn't be trusted with a gun when they get pissed off and assume everyone else is the same way. It's an interesting phenomenon.






dr_boogs
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There is quite a bit of insight in your post. You are spot on.
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