TexasCHLforum.com

OK, we have here a few different considerations. First, you have the best (IMO) advice of changing your lifestyle and not drinking and carrying or driving. That is the safest way to go, whether it is the law or not.

Then you have the case of when you can carry while drinking. The law defines intoxication for carrying the exact same way it does for driving. You are intoxicated when you lose the normal control of your mental or physical faculties or when you are at .08 BAC. This is taken from the Code Construction Act saying how to define terms not specifically defined in the section. Clearly, if you are too intoxicated to carry, you are too intoxicated to drive.

Given that we know how we should act, and we know the law, we also know that there are some officers who are not as versed as us in the law. Some will believe (as some here have posted) that any alcohol while carrying is illegal. Good tactics would tell us to avoid this situation.

And that seems to bring us to what is the question posed. If they do not want to carry while they are drinking, where in the vehicle can they leave the gun to avoid a potential misunderstanding? To answer this, I am going to assume they had some drinks but are not intoxicated, just being extra safe against an officer who believes no alcohol while carrying. The answer to this is that the law specifies that it is illegal to carry UNDER THE AUTHORITY of the CHL while intoxicated. The motorist protection act would still allow the gun to be in the car, as long as it was concealed. Inside a locked glove box would be concealed and generally not considered on or about the person. The advantage to locked in the glove box is that you are no longer relying on just the MPA, because it is not on or about your person. The MPA requires that you not be committing any other crime, such as public intoxication.

And given all of that, I come back to not having the gun or driving with any alcohol consumed because we all know there are some cops that will make the arrests anyway. The friends should win in court, but that still costs money and causes other problems.