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frankie_the_yankee wrote:OK Stephan,

So I'm on my little 7.5 acre spread on a dead end road off a state highway and I'm on my garden tractor cutting my grass wearing my pistola in a IWB with no cover garment. (The grip of the pistol shows.)

As I swing by my front fence (inside the fence) a DPS Trooper happens to ride by and sees the gun.

Do I have a problem?

And as I've said many times, I OC all the time at home, (meaning all over the property) and I've never given it so much as a second thought. I also have a 25 yd bullseye range set up on part of the property, and I certainly OC there, as does the occassional guest.

I have always understood the law as you being 100% legal in this situation. I was just pointing out the logic of how the one officer could get his point of view.

Now, if your 7.5 acres is in Travis County, and the cop agees with Earle on noone should have a gun, you might have a rpoblem until the jury heard about it.

Frankie,

You have the general idea down right. Historically, premises was not specifically defined as a building, but aas the real estate you owned. When we gained CHL and they put 46.035 in (with the changes), they added a definition of premises.

I have never heard of anyone who defined premises as just a building for anything other than 46.03 and 46.035 before, but I can understand the Ft. Worth officer's argument. Based on the code construction act, it can be argued that premises now has a very specific definition ofr weapons, and does mean just a building. On the hunting and fishing excuse, it just gets confusing. I have certainly done fishing inside a bulding (as have many kids at the boat show every year), though I have never hunted inside one (other than for people).

It is going to take a court case to make it clear, or the lege writing a new exception. I think th juries would use common sense, and I don't think anyone is going to ask Ronnie Earle for his interpretation.