When is my handgun on or about my person...question?

[flechero]

While not the legal answer- keeping the key to said lock box on your SUV's key ring should take "readily accessible" out of the equation, if pulled over while driving.

[cb1000rider]

There are only 4 things you need to worry about when driving your SUV:

5, actually: http://en.wikipedia.org/wiki/Gun-Free_S ... ct_of_1990" onclick="window.open(this.href);return false;

You need to worry about this one if you carry a long gun in your SUV and it's not locked AND unloaded in a case. It's pretty tough for me to not come within 1000' school if I'm going across town... CHL gives you a pass on the handgun, but not the long gun, and only in Texas.

Two other points:

1) I've never had a LEO ask me if I had a firearm "on or about my person" - I've been asked if there are any weapons in the car or any weapons in the trunk.
2) .08 is not the defacto DWI determination. They'll determine how you're doing at field sobriety first. If it's questionable, you may get asked to blow. If they think you're still intoxicated on a .04, expect a ride down town.

[Keith B]

2) .08 is not the defacto DWI determination. They'll determine how you're doing at field sobriety first. If it's questionable, you may get asked to blow. If they think you're still intoxicated on a .04, expect a ride down town.

Actually, .08 BAC is 'de jure' as at .08 or greater there is no question you are by law intoxicated. However, FST, Horizontal Gaze Nystagmus, and other visuals are 'de facto' standards that do not define by law you are intoxicated, but factor into the overall determination by an officer you may well be impaired to the level you meet the requirements by law.

[cw3van]

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!

If you are not impaired for driving you should not be impaired for carrying. There is no difference in the law. HOWEVER, an individual officer MAY have different personal views on what is impaired for driving vs. carrying, even though there is no difference in the law. It will be up to the officer to make the determination and to prove in court that you in fact were impaired to the level you could not carry and/or drive.

As to the locked in the vault, there is no case law that I am aware of where the locked vault means not 'about' your person. However, you could argue that due to the gun being locked in the box and not 'readily accessible', that it was not on or 'about' your person. That would be an argument to prove if you needed it, but nothing in definition for the law on that.

Very good answer