Legal issue on Texas concealed and open carry - a new twist

[THEmodelof1989]

For the general education of all, regardless of state, here is the Florida statute:

790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.—
(1) As used in ss. 790.151-790.157, to “use a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
(2) For the purposes of this section, “readily accessible for immediate discharge” means loaded and in a person’s hand.
(3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state.
(4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(5) This section does not apply to persons exercising lawful self-defense or defense of one’s property.

My bolding. So under FL law, not only is it allowable to carry a firearm while having a drink, it is not a violation of law to "use" it in legitimate self defense. So while Florida may no longer live up to its "Gunshine State" reputation, it still recognizes a person right to self defense, even if intoxicated. The morality and liabilities can be debated until the cows come home.

Lolololol

Probably best to leave interpretation of the law to those qualified as clearly you are not. While carrying a gun while drinking in public does appear perfectly legal, under no circumstances are you allowed to use that weapon outside of you own property.

More About Guns and Alcohol in Florida - U.S. & Texas LawShield

Here is a link to what U.S. Lawshield says about alcohol and handguns in Florida. They are a highly regarded firm of defense attorneys specializing in the use of self defense. They seem to disagree with you about using a pistol in self defense while drinking in Florida.

Make sure you understand the law before spreading dangerous misinformation that could land people in prison for a long time.

 

[SMSgt]

Lolololol

Probably best to leave interpretation of the law to those qualified as clearly you are not. While carrying a gun while drinking in public does appear perfectly legal, under no circumstances are you allowed to use that weapon outside of you own property.

More About Guns and Alcohol in Florida - U.S. & Texas LawShield

Here is a link to what U.S. Lawshield says about alcohol and handguns in Florida. They are a highly regarded firm of defense attorneys specializing in the use of self defense. They seem to disagree with you about using a pistol in self defense while drinking in Florida.

Make sure you understand the law before spreading dangerous misinformation that could land people in prison for a long time.

Perhaps you should have read the link you posted, as it restates what I posted--with further explanations. I did not say one could carry in a bar or tavern, but it clearly allowable in FL to sit in a restaurant that serves alcohol and have a drink while carrying.

From the link: "NOTE: Possession of a Firearm While Intoxicated Is NOT A CRIME"

Nothing in the statute, nor the link--which is legal opinion--states one is restricted to one's property. Since the link is discussing possession of firearms in bars and restaurants--neither of which are one's "property," I'm not sure where or how you arrived at that conclusion. One has the right to self defense in FL wherever one has the right to be, use of deadly force included (SYG).

LE certainly has the right to request a blood alcohol test to determine one's level of intoxication if they suspect using a firearm under the influence, but paragraph 5 of the statute specifically states it is not a violation of law to do so in SD. And in any shooting, one should expect scrutiny from LE. Having had a drink certainly will not bolster one's defense, but it is not illegal per FL statute.

Of course, any lawyer will recommend against using a firearm while intoxicated. Duh. But that recommendation will fall short when one's life is threatened. Better to live to face the aftermath, whatever it may be, than to die free from theoretical liabilities.

 

[THEmodelof1989]

Perhaps you should have read the link you posted, as it restates what I posted--with further explanations. I did not say one could carry in a bar or tavern, but it clearly allowable in FL to sit in a restaurant that serves alcohol and have a drink while carrying.

From the link: "NOTE: Possession of a Firearm While Intoxicated Is NOT A CRIME"

Nothing in the statute, nor the link--which is legal opinion--states one is restricted to one's property. Since the link is discussing possession of firearms in bars and restaurants--neither of which are one's "property," I'm not sure where or how you arrived at that conclusion. One has the right to self defense in FL wherever one has the right to be, use of deadly force included (SYG).

LE certainly has the right to request a blood alcohol test to determine one's level of intoxication if they suspect using a firearm under the influence, but paragraph 5 of the statute specifically states it is not a violation of law to do so in SD. And in any shooting, one should expect scrutiny from LE. Having had a drink certainly will not bolster one's defense, but it is not illegal per FL statute.

Of course, any lawyer will recommend against using a firearm while intoxicated. Duh. But that recommendation will fall short when one's life is threatened. Better to live to face the aftermath, whatever it may be, than to die free from theoretical liabilities.

I apologize to the OP for my part in the highjacking of this thread. I'm a Texan, we were talking about Texas, out of the blue some guy wants to go on about Florida. I should have never entertained him. This is my last post in attempt to help him.

Yes, I read the article I posted. Cmon man... that's why I already conceded that: yes, one can carry a gun while infoxicated in Florida. The use of said fire arm is a different story.

HOWEVER, advice from one of the best legal teams in the county, U.S. Lawshield states "a person who has been drinking alcohol to the point of being impaired or intoxicated should not have the loaded firearm in their hand, much less discharge it" specifically about the state of Florida. This is at the very end of the article, you have to read it all the way through. A wise man would take the advice of one of the best legal teams in the country.

'89 out.

 

[SMSgt]

Questions I would ask in regards to "Texas" law on no-gun signage:

Is there case law on:

Has any violation of the signage being tossed merely because some "I" wasn't dotted or a "T" crossed?

Has case law established that only the exact wording is lawful, and no more or no less wording is allowed?

Is there any case lawful to define what "conspicuous" is? Or is not?

While the law may state "X," judges and case law may decide "X" also included "Y" or "Z." A judge could rule posting the sign in a hallway to the restroom is significant, or one may rule it has to be on the entry, at eye level, in any conspicuous coloring. Just curious if anything outside of the written statute has been applied previously in TX.

 

[fredj338]

I apologize to the OP for my part in the highjacking of this thread. I'm a Texan, we were talking about Texas, out of the blue some guy wants to go on about Florida. I should have never entertained him. This is my last post in attempt to help him.

Yes, I read the article I posted. Cmon man... that's why I already conceded that: yes, one can carry a gun while infoxicated in Florida. The use of said fire arm is a different story.

HOWEVER, advice from one of the best legal teams in the county, U.S. Lawshield states "a person who has been drinking alcohol to the point of being impaired or intoxicated should not have the loaded firearm in their hand, much less discharge it" specifically about the state of Florida. This is at the very end of the article, you have to read it all the way through. A wise man would take the advice of one of the best legal teams in the country.

'89 out.

You were stating it was illegal to drink & ccw in general. If it is specifc to texas, then state that. It is in general not allowed by most states but not all..

 

[sotexas]

I apologize to the OP for my part in the highjacking of this thread. I'm a Texan, we were talking about Texas, out of the blue some guy wants to go on about Florida. I should have never entertained him. This is my last post in attempt to help him.

Yes, I read the article I posted. Cmon man... that's why I already conceded that: yes, one can carry a gun while infoxicated in Florida. The use of said fire arm is a different story.

HOWEVER, advice from one of the best legal teams in the county, U.S. Lawshield states "a person who has been drinking alcohol to the point of being impaired or intoxicated should not have the loaded firearm in their hand, much less discharge it" specifically about the state of Florida. This is at the very end of the article, you have to read it all the way through. A wise man would take the advice of one of the best legal teams in the country.

'89 out.

I see this as more of a sound guidance statement, shall not would be a more binding legal term

 

[GaryS]

My understanding of the Texas law, which I've paid attention to because I'm there a few times a year, is that the sign must be at the entry and meet the exact format specified in 30:06 and 30:07.

A lot of people and businesses don't seen to know that because I see a lot of those guns with a line through them decals on windows.

 

[Telecaster]

Sign sign everywhere a sign. Blockin’ out the scenery, breakin’ my mind.