TexasCHLforum.com

TexasGal wrote:Dummy was on probation for a misdemeanor we will call "amazing stupidity". Part of the probation called for no access to guns in the home or anywhere else.

Well, I agree completely that people on probation are commonly barred from being around firearms. The key issue to distinguish here is the driver possessing the firearm under MPA would not be in any trouble with Dummy in the back seat. However, Dummy most certainly would be.

I agree with most of your observations, TexasGal, but there are a couple of nuances I'd like to explore further.

TexasGal wrote:As mentioned already, drinking and guns do not mix. Intoxication is in the opinion of the officer, not just a breath test. Ask yourself if you are prepared to make a hard and fast rule that excludes all alcohol for all parties in the car period.

Depending on how the gun is stored in the car, the restriction "all parties in the car" seems like overkill. I agree 100% with the driver = zero alcohol. For everyone else in the car, it depends upon how the driver has secured the handgun. Reasonable accessibility is the issue. If I had a gun in my driver's side door pocket or in a holster attached to my seat between my legs, for two examples, it is hard to argue that the drunk in the back seat has any access. Conversely, if I've tossed the handgun in an unlocked glovebox and the drunk is in the passenger seat, well that horse is purple.

TexasGal wrote:As mentioned, you also should be aware of the criminal history of anyone in the car. Should you have a felon or someone on probation in the car and the gun is accessible, that is a problem . . .

I agree with the statement, so long as we all understand the caveat "and the gun is accessible". See above. Also, accessibility does not have to be restricted to "lockbox in the trunk". There are other reasonable ways that a handgun can be stored that are not considered "accessible".