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".casp625 wrote: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.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
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?
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Return to “Open Carry question”
- Thu Dec 31, 2015 8:01 pm
- Forum: General Texas CHL Discussion
- Topic: Open Carry question
- Replies: 21
- Views: 4281