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by ScottDLS
Thu Dec 31, 2015 8:01 pm
Forum: General Texas CHL Discussion
Topic: Open Carry question
Replies: 21
Views: 4281

Re: Open Carry question

casp625 wrote:
CC Italian wrote:After further research it seems to me on or about your person generally means " within arm reach while in the car".
Is that the interpretation most of you are coming to as well. I just don't want to assume anything. You know what they say about assume.
Thanks
This makes me wonder about storage? I got my GunVault NV 200 underneath my front passenger seat (slid in from the backseat towards the front of the car). If for some reason I am carrying and decide to drink, I would disarm and utilize the GunVault.

If am in over 0.08 BAC, and I get in the vehicle as a passenger:
1) Am I legally considered carrying "on or about my person"?
2) Would it matter whether I am in the front passenger seat or the back seats?
3) Does it matter who has physical control of the key to the GunVault while in the vehicle?
If you are over 0.08 and riding as a passenger in a vehicle that you own, you are legal to carry under MPA. "Being intoxicated" is not a crime (yet)...And since you're not carrying under the authority of your LTC, you are not subject to 46.035 prohibition on carrying while intoxicated. Now I suppose someone could argue that you are "publicly intoxicated" but if just riding in closed motor vehicle, I think that's a stretch. And, if we want to go there, PI requires that you are "intoxicated" in public AND "to such a degree that you are a danger to yourself and others".

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