carrying while under a different influence

[txinvestigator]

Yep the hair test is for real man. Look as the law states if your “friend” gets popped for weed in Texas and has a gun with him may very well be in deep sheet. Until the Fed Gov decriminalized pot it’s going to be an issue in most every state. I suspect this will all change in the near future.

No shit a hair test is real. He is pulling our legs because it is absurd to think that a prosecutor would run a test to try to prove some case of buying a gun as a user, especially since it is a federal law not prosecuted by state prosecutors

 

[Frank59]

.

 

[x12aesq]

No, it doesn't. It means that if you do not have an LTC and are carrying in a vehicle or watercraft you lose the non-applicability under 46.02 and can be charged under UCW.

Does not apply to carry under an LTC.

You are correct; I mis-cited the statute. 46.02 (a-1) (A) is an incomplete citation. 46.02 (a-1) (1) does speak to conditions that remove the non-applicability for LTC holders, as you say. 46.02 (a-1) (2) (A) is the section having to do with carrying while engaging in criminal activity.

 

[txinvestigator]

You are correct; I mis-cited the statute. 46.02 (a-1) (A) is an incomplete citation. 46.02 (a-1) (1) does speak to conditions that remove the non-applicability for LTC holders, as you say. 46.02 (a-1) (2) (A) is the section having to do with carrying while engaging in criminal activity.

And only applies to carry without an LTC and while in a a motor vehicle or watercraft.

 

[LminusV]

The OP's question concerned consumption of an illegal drug and having an LTC but it got me thinking. How do the Government and Penal Codes apply to a person who is legally prescribed and properly takes drugs such as antidepressants, opioids, sedatives or tranquilizers? Would they be prevented from buying or even possessing a firearm? Is there a set standard in which someone could be declared intoxicated for taking a prescription drug as directed?
I apologize if I strayed from the original topic but have always wondered about the answers to these questions.

 

[candcallen]

The term Is unlawful and that applys to fed law as far as the 4473 goes.