TexasCHLforum.com

I'll continue to err on the side of caution...abstain, but you definitely cleared it up for me...much obliged.

Thanks again for all the replies (especially yours, Leakywaders).

I'm probably reading the responses incorrectly, so let me dial it in for maybe a clearer answer:

I understand the legal impairment BAL is .08 and officer can use discretion when deciding if the driver is in violation, even if under .08. My question boils down to this scenario: PD stops me and I've had a single glass of wine with dinner. I am not close to .08, which is defacto cause to arrest for DUI. The officer, clearly convinced I am not intoxicated from my glass of wine, cuts me loose. Happens all day every day to the populace. Now, throw in I have a CHL and the same factors apply from the above scenario. If the gun is locked away out of my reach in my gun vault, tethered to the rear bench seat, am I technically "carrying" or does the position of the gun and myself constitute "not carrying" for the sake of avoiding a violation of CHL law?

(I'm asking because this scenario has been discussed ad nauseum in the forums and the OP usually relates that he or she simply puts their handgun in the trunk if they have an unplanned alcoholic beverage, thereby negating any chance of "impaired while carrying").

Thanks again!

Thank you Longtooth, Keith and Bob for your replies.

I understand it's semantics, but to be sure, I'm not "worried". I'm just trying to determine a seemingly gray area for me with regards to not having a way to lock the gun up in a trunk.

I'm absolutely not condoning alcohol consumption and carrying, but in the event I'm returning home and stop for a steak and a single glass of cab, I'm certainly not .08, but through officer discretion could be deemed impaired. If the gun is locked away and out of reach in my gun vault, does my impairment now become negligible since my gun is not readily accessible?

Of course, I'm not going to quote anyone's response here as the law, just wondered if anyone out there had come across this scenario?

I have a lot of friends who are LEO, so I suppose I should have just asked one of them.

Greetings,

My question is of a legal nature. I drive an SUV that is bereft of a trunk or locking dash/console. I have a cable anchored locking NANO gun vault in the vehicle not within arms reach of the front seat for when I encounter a 30.06 or 51% establishment.

Is the gun, locked inside the gun vault and not within reach, still considered on or about my person while I am in the vehicle? Are there specific areas in the SUV considered "ok" (ie. Spare tire well at the rear of the vehicle)? Is this strictly at LEO discretion?

Thanks!