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by txinvestigator
Mon Oct 22, 2007 10:47 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: open carry on your property?
Replies: 38
Views: 4781

frankie_the_yankee wrote:
txinvestigator wrote:
threeg45 wrote:Thank you for every ones input. There may be different thoughts when it comes to rural or urban. I carry concealed on my 1 acre lot in the middle of the city, I would prefer to not worry about showing my weapon, but since I live across the street from a school and we all know the un-natural fear the boards have. At this time I am not willing to be the test case. The confusion in the law about premesis is typical government. Let the lawabiding American carry as he or she pleases. Anywhere a LEO can, we can.
Thanks again.
The rhetoric of property lines etc., in this thread notwithstanding, there is no confusion regarding carry on your own property. You can; it is legal. The cops are not going to order a survey before coming out to see if you crossed the line. :roll:

If you obviously are off of your property you will have a problem. If you are on your property, you will not.
My gut tells me that you are correct.

But when I look up the law, I only see an exemption for when you're on your own "premises". And the word "premises" is not defined in the various places where it crops up, except for 46.035 which doesn't count as the definition given is limited to that section.

So how is it that I can carry openly (or concealed for that matter if I didn't have a CHL) all over my rural property without violating the law? And what about people who live in the city on small lots?

Like I said, I've always thought that carrying on your own property was fully legal - and still do. I am just surprised that the law (that I can find) doesn't seem to be clear on it.

Is it through case law or is there some provision or definition that I am simply not finding?
Frankie, It is as clear as can be to me.

The reason premises is defined in 46.03 and 46.035 is the fact that it is not defined in 46.01 or 46.02, and the legislators wanted a more narrow definition than the common useage definition for those sections.

Merriam Webster

Main Entry: 1prem·ise
Variant(s): also pre·miss \ˈpre-məs\
Function: noun
Etymology: in sense 1, from Middle English premisse, from Anglo-French, from Medieval Latin praemissa, from Latin, feminine of praemissus, past participle of praemittere to place ahead, from prae- pre- + mittere to send; in other senses, from Middle English premisses, from Medieval Latin praemissa, from Latin, neuter plural of praemissus
Date: 14th century
1 a: a proposition antecedently supposed or proved as a basis of argument or inference; specifically : either of the first two propositions of a syllogism from which the conclusion is drawn b: something assumed or taken for granted : presupposition
2plural : matters previously stated; specifically : the preliminary and explanatory part of a deed or of a bill in equity
3plural [from its being identified in the premises of the deed] a: a tract of land with the buildings thereon b: a building or part of a building usually with its appurtenances (as grounds)
by txinvestigator
Mon Oct 22, 2007 10:25 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: open carry on your property?
Replies: 38
Views: 4781

threeg45 wrote:Thank you for every ones input. There may be different thoughts when it comes to rural or urban. I carry concealed on my 1 acre lot in the middle of the city, I would prefer to not worry about showing my weapon, but since I live across the street from a school and we all know the un-natural fear the boards have. At this time I am not willing to be the test case. The confusion in the law about premesis is typical government. Let the lawabiding American carry as he or she pleases. Anywhere a LEO can, we can.
Thanks again.
The rhetoric of property lines etc., in this thread notwithstanding, there is no confusion regarding carry on your own property. You can; it is legal. The cops are not going to order a survey before coming out to see if you crossed the line. :roll:

If you obviously are off of your property you will have a problem. If you are on your property, you will not.
by txinvestigator
Fri Oct 19, 2007 11:33 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: open carry on your property?
Replies: 38
Views: 4781

austin-tatious wrote:And if you are in your motor vehicle or a motor vehicle under your control, which is not a premises, your handgun must be concealed. Correct?
Off topic, but yes.
by txinvestigator
Fri Oct 19, 2007 10:49 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: open carry on your property?
Replies: 38
Views: 4781

Re: open carry on your property?

striker55 wrote:Think I read somewhere that you can open carry on your property, is that true? If I'm getting my mail at the curb is it legal to carry?
This has been hashed here several times. To answer the question, you need to look at the law regarding handguns. Is there a prohibition against open carry in Texas?

The answer is generally, not specifically. Texas law proscribes the carry of a handgun on or about your person, (without mention of concealed or open, loaded or not,) unless you are on your own premises or premises under your control. So, on your own property is is NOT illegal to carry a handgun on or about your person. (the law is silent on concealed or not).

However, step off of your property on the street, and you are committing a class A misdemeanor.
Texas Penal Code
46.02(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;

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