This has always been a point of contention among the CHL
community. I think it's safe to say that drinking while packing is
not a good idea. But its also not safe to not carry at
all.... So, what does the law say? The state of Texas is
pretty clear.
It is not illegal to carry a concealed
handgun while drinking. It IS illegal to carry a concealed gun
while INTOXICATED.
This begs the question, what does the state of
Texas consider "intoxicated"?
It's defined specifically in PC 49.01
http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.010.00.000049.00.htm
(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.
So what that means is that if you are, in the
opinion of the LEO (Law Enforcement Officer), impaired or behaving
in a way that makes him think you're impaired, then you're about to
have a very bad year.
People get really up in arms (no pun
intended) over the fact that they'd "rather be judged by 12 than
carried by 6". But because this area is so subjective,
I say let's think more simply about this...... can you have a beer
with your steak and pack heat? Yes, as long as you're not
impaired after doing so. This is, of course, going to vary
with the person drinking that beer. I'm a big dude and can
handle a beer without being impaired. But 2 or more, and I'm
gonna go put the pistola in my car safe. If
you have 2 drinks and start getting woosy, then you need
to be more careful than the next guy or gal.