As gward posted, that would fall under "sporting activity" in 46.15, during which 46.02 does not apply.thatguyoverthere wrote:Obviously I'm missing something here. Otherwise, why aren't the cops lined up to arrest all these people without CHL's as they carry their handguns "about their person" in and out of shooting ranges all over Texas?
Read up on Penal Code 46.02 and 46.16(b).thatguyoverthere wrote:Now what really got me to this point is that I was scrolling through some FAQs somewhere (I forget where now) that said it was illegal in Texas to open carry a handgun on someone else's private property, even with the property owner's permission. I find that a little hard to believe, too, but haven't yet found anything in the Texas statues to prove otherwise.
This basically says if you don't have a CHL, you can carry on your own property (or vehicle) that you own or control. It doesn't say anything about getting permission from the property owner. There's a bill they're trying to pass this session that would allow the property owner to give you permission to carry. We're hoping it passes, as then we would not have this question.Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
On the way to and from the shooting area, the law would not apply (due to sporting activity) per 46.16(b)(3). He would not be able to carry (without a CHL) otherwise unless engaged in another activity specified in 46.16(b)(3) UNLESS he has control of the property. I don't think "control of a property" is defined in Texas Penal Code, so you're risking someone else interpreting it differently. Because of this, I would just recommend not using the "control of property" exemption unless you talk to someone who can actually give you legal advice (i.e. a lawyer)thatguyoverthere wrote:So if I invite my own son out to my place in the country to shoot his handgun on my private property, does that mean that we are breaking the law?Surely that can't be right, but I guess I'm just too bleary-eyed right now to find the right section of the law to clear that up.