intoxicated passenger glovebox carry

[truckster]

I've run through this scenario several times and don't know where to find the answer at all so please excuse the ignorance.

I carry every day, everywhere. Suppose my wife and I are at a friend's house and decide I want to have several drinks. My wife doesn't drink so when we leave she would naturally get the keys and drive the twenty minutes or so back home. I have my gun in the glove box in front of me. Let's say she gets pulled over for speeding or a brake light out or whatever. What does the law say about me having my gun in the glove box as a passenger while I'm inebriated?

[MeMelYup]

She can carry under MPA.

[sherlock7]

MeMelYup,
I have not heard that phase before. Would you please interpret.
Thanks.

[Javier730]

MeMelYup,
I have not heard that phase before. Would you please interpret.
Thanks.

The Motorist Protection Act allows you to carry a firearm in your vehicle for self defense so long as your not in a street gang or committing a crime other than a traffic violation. The law also covers you when your directly in route to and from your home and vehicle. Look up Texas House Bill 1815 or The Motorist Protection Act.

[sherlock7]

MeMelYup,

Thank You; I appreciate your clarification.

[Javier730]

MeMelYup,

Thank You; I appreciate your clarification.

Oh yeah, give MeMelYup all the credit.

[ScottDLS]

One could make the argument that MPA also protects the passenger (if an owner of the vehicle) even if he is intoxicated. That's BC the intoxicated passenger would not be carrying under authority of CHL and so not subject to 46.035.

I guess you could argue that PWI (passenger while intoxicated) could be committing the crime of Public Intoxication, in which case the MPA wouldn't apply.

[rytchard]

Please allow me to be the devil's advocate here. First of all my disclaimer: I don't even have my CHL yet so I don't claim any of what I am about to say as fact or even fact based for that matter. It is mere opinion of a reader. Nothing more or nothing less.

The scenario above I feel is subject to perception one of which has already been addressed; Wife is driving, you are not carrying while intoxicated and everything is fine.

Alternative perception: LEO decides during the routine traffic stop that you are still in control or "carrying", since the firearm is within your reach directly in front of you and you are doing so while intoxicated. Not a good thing!

Again, in my humble opinion, I think if it was me I would just take it one step further and place my handgun (unloaded) in a lock box and transport it in the trunk during the short drive home.

Just me saying -

[ScottDLS]

Please allow me to be the devil's advocate here. First of all my disclaimer: I don't even have my CHL yet so I don't claim any of what I am about to say as fact or even fact based for that matter. It is mere opinion of a reader. Nothing more or nothing less.

The scenario above I feel is subject to perception one of which has already been addressed; Wife is driving, you are not carrying while intoxicated and everything is fine.

Alternative perception: LEO decides during the routine traffic stop that you are still in control or "carrying", since the firearm is within your reach directly in front of you and you are doing so while intoxicated. Not a good thing!

Again, in my humble opinion, I think if it was me I would just take it one step further and place my handgun (unloaded) in a lock box and transport it in the trunk during the short drive home.

Just me saying -

You have a good point, which is why I suggested (above) that the intoxicated passenger could use the MPA to avoid prosecution for 46.035 carrying while intoxicated. Even if the firearm is on his person, while he is in his (own) car, he is covered by MPA. That is unless you argue that being a passenger while intoxicated is "public intoxication" as defined in the TXPC.

The alternative example is an LTC holder carrying in his own house while intoxicated. While I suggest this is a bad idea, it is not on its face illegal.

[Javier730]

Please allow me to be the devil's advocate here. First of all my disclaimer: I don't even have my CHL yet so I don't claim any of what I am about to say as fact or even fact based for that matter. It is mere opinion of a reader. Nothing more or nothing less.

The scenario above I feel is subject to perception one of which has already been addressed; Wife is driving, you are not carrying while intoxicated and everything is fine.

Alternative perception: LEO decides during the routine traffic stop that you are still in control or "carrying", since the firearm is within your reach directly in front of you and you are doing so while intoxicated. Not a good thing!

Again, in my humble opinion, I think if it was me I would just take it one step further and place my handgun (unloaded) in a lock box and transport it in the trunk during the short drive home.

Just me saying -

Anything in the glove box claimed by the driver would be in the drivers possession. If they find drugs in the glove box and the driver claimed them, again it would be the drivers. Different story if everyone denies its theirs.

[rytchard]

Thanks! This is why I come to this forum. I learn something everyday.

[roadkill]

driver is in control of the vehicle therefore it is theirs unless someone else claims it. to be safe you could ride in the back seat then there is no possibility of the passenger having access to the firearm. if your really intoxicated or plan to be lock it up in the trunk before hand or better yet leave it at home

[Glockster]

I've run through this scenario several times and don't know where to find the answer at all so please excuse the ignorance.

I carry every day, everywhere. Suppose my wife and I are at a friend's house and decide I want to have several drinks. My wife doesn't drink so when we leave she would naturally get the keys and drive the twenty minutes or so back home. I have my gun in the glove box in front of me. Let's say she gets pulled over for speeding or a brake light out or whatever. What does the law say about me having my gun in the glove box as a passenger while I'm inebriated?

I guess that I'll go ahead and ask what's running through my mind....how did the gun get from in your possession while in the friend's house to the glove box of your car? If you carried it, I think you carried while intoxicated. If your wife claims it, then she carried from the friend's house to the car either open or concealed, and both I think would have been illegal for her to do.

[JALLEN]

I make inebriated passengers ride tied across the hood like a dead deer. Solves a lot of problems.

[ScottDLS]

I've run through this scenario several times and don't know where to find the answer at all so please excuse the ignorance.

I carry every day, everywhere. Suppose my wife and I are at a friend's house and decide I want to have several drinks. My wife doesn't drink so when we leave she would naturally get the keys and drive the twenty minutes or so back home. I have my gun in the glove box in front of me. Let's say she gets pulled over for speeding or a brake light out or whatever. What does the law say about me having my gun in the glove box as a passenger while I'm inebriated?

I guess that I'll go ahead and ask what's running through my mind....how did the gun get from in your possession while in the friend's house to the glove box of your car? If you carried it, I think you carried while intoxicated. If your wife claims it, then she carried from the friend's house to the car either open or concealed, and both I think would have been legal for her to do.

Easy. He left it in the glovebox before he went in to start drinking, just wanted it with him in car to/from friends house which is legal IAW MPA.