If a defendant has his or her LTC, and is driving while intoxicated, and has a handgun located under the driver's seat, does 46.035(d) apply?
Subsection (d) makes it an offense for the license holder to carry a handgun while intoxicated, regardless of whether the handgun is concealed or open in a holster.
The biggest question that I have is, what does it mean to *carry*? The other subsections of 46.035 seem to state "on or about their person", however, that particular language does not appear in (d). I've checked the Penal Code and Government Code 411 for some guidance on what it means to "carry", but I'm coming up empty.
The concern is charging a crime, if the statute only intended for this to apply when the handgun is actually on the person--concealed, belt holstered, or shoulder holstered. I am not convinced that handguns "about" the person qualify.
Any sort of guidance or reference that you have would be greatly appreciated. Thank you in advance.
Might want to check 46.02(a-1)(2)(A). Both that and 46.035 are class A misdemeanors, but that section of 46.02 more clearly applies to carrying the weapon anywhere in the vehicle.
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