First...The definition for "intoxicated" is exactly the same for Carry under LTC as it is for driving. THE SAME. Exactly the same legal definition in PC Chapter 49. If you shouldn't be carrying, you shouldn't be driving and vice versa.Soap wrote:How would a LEO proceed if he pulled someone over and the driver was driving a passenger who had been drinking. The passenger isn't drunk but he can't drive. He has a LTC. He wasn't carrying while drinking but the driver kept a gun in the car. It isn't the drivers car its the passengers car with the LTC but he isn't carrying. You're allowed to carry in your vehicle. So how would the law or a LEO interpret this?
Now to your question. If a sober driver is driving an intoxicated passenger in his car, the sober driver may "carry" a handgun on or about his person per MPA or with a LTC. An intoxicated passenger may not carry a gun under authority of his LTC. The conceivable question is...what if the gun is in the glovebox? Well for purposes of 46.02 that is considered "on or about the person" of the driver. So this is legal per MPA and LTC. Is it considered on or about the person of the passenger? I believe generally the answer is NO. The driver is "in control" of the vehicle, and responsible for the contents, so generally the gun in the glovebox "belongs to" the driver. To avoid potential hassle for the intoxicated passenger, I would recommend the driver carry the gun on his person in a holster or pocket. But probably glovebox or console would be OK too.