Places its illegal to carry

[Texan2]

"One last thing: When you are in your vehicle and have a loaded firearm in the cab of your vehicle you are still carrying. It's the same as having it on your person. I keep a small gun safe in the trunk of my car and I highly recommend it to everyone."

Incorrect....at least as far a CHL is concerned. Carrying in your car and carrying on your person are 2 separate issues. Anyone can carry in their car as long as they are not in the commission of a crime (traffic offenses dont count)...you do not need to have a CHL to carry in your car. Furthermore you use the term "in the cab"....a firearm would have to be within your reach for anyone to even try to say you were carrying. Having a loaded gun behind the 3rd seat of my Suburban is still in the cab, but would not be considered "carrying" to a reasonable officer.

 

[txinvestigator]

I talked to a lot of cops about carrying while intoxicated and here is what I’ve learned.
Blood Alcohol Content doesn’t mean squat in regards to carrying. You can be intoxicated on illegal drugs, prescription medications or over the counter medications and still be intoxicated with a BAC of 0.00. If a cop pulls you over and smells alcohol, or you seem to be incapacitated mentally or physically, the officer can arrest you for carrying while intoxicated. They can use both video tape and breathalyzer results to prove it in court. This is a class A misdemeanor and if convicted, you will lose your CHL and not be able to reapply for 5 years after your conviction.
The rule of thumb is this; If you don’t feel 100% or you smell like alcohol, you are at risk.

That is a good explanation. HOwever, there will be no intoxilizer (breathylizers have not been used in years) used for a Carrying While Intoxicated charge. The officer will have to show that you were intoxicated by testimony. Just smelling of alcohol is not enough for an arrest, however. Case law is clear on this in other alcohol crimes. Since a CHL is not required to carry in a car, a person who is carrying and gets a DWI would not be able to be charged with carry while intixoxicated, as that charge only applies to a person carrying under the authority of a CHL.

One last thing: When you are in your vehicle and have a loaded firearm in the cab of your vehicle you are still carrying. It's the same as having it on your person. I keep a small gun safe in the trunk of my car and I highly recommend it to everyone.

Carrying is specified as "ON OR ABOUT YOUR PERSON". About your person has been held by the courts as within your immediate access. Basically, if it you can lunge and reach it, it is about your person.

 

[codeman]

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