BusterAg said:

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BigRobSA said:

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BusterAg said:

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BigRobSA said:

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UnderoosAg said:

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For constitutional carry, it has to be concealed or holstered. You also can't be in the process of commiting a crime (outside of a traffic ticket) or be a gang banger.

Techno beat me to it. Wonder what he was stopped for.

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Is "has to be concealed or holstered" in the verbiage of the 2A in any of your copies of the Constitution?

It's not in mine. Mine ends with "...shall not be infringed.".

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Should you be able to point a gun at anyone you want to?

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Not sure what that has to do with anything, but no.....assuming you're talking about a loaded weapon. That's not a 2A argument, that would be possibly reckless endangerment or something.

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So, would you say it is not against the 2nd amendment to pass laws about what is considered to be safe versus unsafe possession of a weapon?

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No

I wouldn't

Your scenario isn't about the 2nd, at all. Yours is about an action above mere possession. Just like you can't hold a knife against someone's jugular.

Again, your attempt fails because it has nothing to do with the 2nd.

Ducks4brkfast said:

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Bondag said:

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My guess is not drunk enough for dui but had a gun where limit is 0.0

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The standard is intoxication, which is 0.08

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BigRobSA said:

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UnderoosAg said:

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For constitutional carry, it has to be concealed or holstered. You also can't be in the process of commiting a crime (outside of a traffic ticket) or be a gang banger.

Techno beat me to it. Wonder what he was stopped for.

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Is "has to be concealed or holstered" in the verbiage of the 2A in any of your copies of the Constitution?

It's not in mine. Mine ends with "...shall not be infringed.".

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yah, I should be able to tie a string to the end of it and swirl it around my head in a public park. Shall not be infringed mfers!

bonfarr said:

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When James Worthy was arrested by Houston cops his crime was much more interesting than Harden's arrest.

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This guy too...waving his pistol around on the Richmond Strip if I remember correctly.

Hardcore Greg said:

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bonfarr said:

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When James Worthy was arrested by Houston cops his crime was much more interesting than Harden's arrest.

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This guy too...waving his pistol around.

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Yep. Dude had enough energy to wave it at two ladies two hours before game time. Got busted and still made it in time for 2nd period.

Fishing Fools said:

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And is this legal in Texas?

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It's the 21st-century equivalent of a rifle scabbard on a saddle. Next.

BigRobSA said:

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BusterAg said:

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BigRobSA said:

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BusterAg said:

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BigRobSA said:

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UnderoosAg said:

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For constitutional carry, it has to be concealed or holstered. You also can't be in the process of commiting a crime (outside of a traffic ticket) or be a gang banger.

Techno beat me to it. Wonder what he was stopped for.

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Is "has to be concealed or holstered" in the verbiage of the 2A in any of your copies of the Constitution?

It's not in mine. Mine ends with "...shall not be infringed.".

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Should you be able to point a gun at anyone you want to?

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Not sure what that has to do with anything, but no.....assuming you're talking about a loaded weapon. That's not a 2A argument, that would be possibly reckless endangerment or something.

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So, would you say it is not against the 2nd amendment to pass laws about what is considered to be safe versus unsafe possession of a weapon?

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No

I wouldn't

Your scenario isn't about the 2nd, at all. Yours is about an action above mere possession. Just like you can't hold a knife against someone's jugular.

Again, your attempt fails because it has nothing to do with the 2nd.

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A law that says keeping an unholstered gun in the front seat of your car is not about the possession of said gun, it is about how to possess a gun safely.

techno-ag said:

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itsyourboypookie said:

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How do you holster a rifle?

I thought the castle doctrine covered you vehicle.

I know in Colorado you can have a loaded gun in your car, but must lock it up if the car is unattended.

Never knew you couldn't carry a gun in plain view in you car. For years my truck gun has been a 300 blackout AR pistol, braceless since Biden muddied the waters

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The old rules before the original concealed carry laws were passed in Texas were that long guns were legal if in plain sight. Thus the gun racks in the back windows of pickups that used to be so common up until the 1980s or so.

Dunno what the rules are now. They are complex and dynamic. But someone will likely have a link to current state law.

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I believe (and I'm in no way, shape, or form a lawyer) that the whole "out of plain sight" thing is only relevant to pistols, not long guns.

Edit: A quick google confirmed this from multiple sources.

redsquirrelAG said:

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Ducks4brkfast said:

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Bondag said:

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My guess is not drunk enough for dui but had a gun where limit is 0.0

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The standard is intoxication, which is 0.08

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It's 0. Nada. Can't have any.

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Is it? I believe it's a vague definition of "impaired" and not necessarily a specific BAC.

Edit: Here you go. It looks like it's an either/or. It's not a "Can't have any", but that would be a smart and safe policy to follow.

The Texas Penal Code (PC) includes sections that address the use of alcohol while carrying a handgun.

• According to PC 46.035(d), it is an offense for a person with an LTC to carry a handgun while the person is intoxicated even if the handgun is in a belt or shoulder holster.
• According to PC 49.01, "intoxicated" means:
  
  • Having an alcohol concentration of 0.08 or more or…
  • 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.

Bondag said:

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My guess is not drunk enough for dui but had a gun where limit is 0.0

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You need to research things before you come here and post crap that isn't close to being true.

LTC and CC have basically the exact same language for drinking and carrying.

Quote:

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Handguns

As of 2021, people who qualify under the law can carry a handgun in a public place in Texas without a license to carry (LTC). Texans can still apply for an LTC since it may carry additional benefits. See our License to Carry page for more info.

Requirements
Sections 46.02 and 46.04 of the Texas Penal Code describe unlawful carry and possession of a firearm. Generally, to carry a handgun in public in Texas without an LTC, a person must not:

• be restricted from possessing a firearm under federal law as described in 18 United States Code Section 922
• have a prior felony conviction as described in Texas Penal Code Section 46.04
• have a recent conviction for certain types of misdemeanors as described in Sections 46.02 and 46.04
• be subject to an unexpired protective order as described in Section 46.04(c)
• be a member of a criminal street gang as described in Section 46.04(a-1), and carry a gun in person or in a car or boat
• be intoxicated, except in certain situations as described in Section 46.02(a-6)

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https://guides.sll.texas.gov/gun-laws/carry-of-firearms

Jason C. said:

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Fishing Fools said:

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And is this legal in Texas?

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It's the 21st-century equivalent of a rifle scabbard on a saddle. Next.

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I like that.

Ducks4brkfast said:

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Bondag said:

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My guess is not drunk enough for dui but had a gun where limit is 0.0

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The standard is intoxication, which is 0.08

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That's not the standard for "intoxication". You can be arrested in Texas, and the conviction stick, even if you blow below .08 and have no illegal drugs in your system. Taking Benadryl or antihistamines, if they alter your normal state, and then driving is enough to be popped for DUI

Straight from the penal code:

Quote:

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"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.

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Got a Natty! said:

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Jason C. said:

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Fishing Fools said:

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And is this legal in Texas?

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It's the 21st-century equivalent of a rifle scabbard on a saddle. Next.

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I like that.

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Amazon.

And yes it's legal in Texas.

txyaloo said:

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Ducks4brkfast said:

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Bondag said:

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My guess is not drunk enough for dui but had a gun where limit is 0.0

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The standard is intoxication, which is 0.08

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That's not the standard for "intoxication". You can be arrested in Texas, and the conviction stick, even if you blow below .08 and have no illegal drugs in your system. Taking Benadryl or antihistamines, if they alter your normal state, and then driving is enough to be popped for DUI

Straight from the penal code:

Quote:

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"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.

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I understand that and am very well versed in the law here. I was refuting the claim the limit is 0.0.

Ducks4brkfast said:

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txyaloo said:

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Ducks4brkfast said:

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Bondag said:

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My guess is not drunk enough for dui but had a gun where limit is 0.0

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The standard is intoxication, which is 0.08

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That's not the standard for "intoxication". You can be arrested in Texas, and the conviction stick, even if you blow below .08 and have no illegal drugs in your system. Taking Benadryl or antihistamines, if they alter your normal state, and then driving is enough to be popped for DUI

Straight from the penal code:

Quote:

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"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.

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I understand that and am very well versed in the law here. I was refuting the claim the limit is 0.0.

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Then you know the standard for intoxication isn't .08 as you claimed. "Intoxication" while carrying a gun is entirely subjective and up to whether LE believes you don't have normal use of your mental or physical faculties.

Nothing says you can't drink while carrying, but I'd rather not leave my freedom up to a subjective determination from a LEO

Fishing Fools said:

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Got a Natty! said:

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Jason C. said:

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Fishing Fools said:

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And is this legal in Texas?

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It's the 21st-century equivalent of a rifle scabbard on a saddle. Next.

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I like that.

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Amazon.

And yes it's legal in Texas.

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I knew it was legal. I was commenting on your analogy. A good TX analogy.

redsquirrelAG said:

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Ducks4brkfast said:

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Bondag said:

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My guess is not drunk enough for dui but had a gun where limit is 0.0

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The standard is intoxication, which is 0.08

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It's 0. Nada. Can't have any.

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No it's not unless the law has changed in the last few years. My CHL instructor said the standard is intoxication subject to the judgement of the officer you may come in contact with. If you can provide a link to the law you're citing that would be great.

nice knowing that its okay, but i wouldnt really concern myself with the legality of that truck dash holster. Mostly because i would never leave that pistol in there like that while my truck was unattended.

ETA: getting pulled over might put yourself in a precarious situation. Solution is simple enough though, unless you really are the 'dont tread on me' type.