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Just trying to help.Keith B wrote:Now you are picking nits.Pete92FS wrote: I hate to throw a wrench in the works, but if you were alone in your brother's house (with his permission) didn't that put you "in control of the property" thus making you legal?
It may then technically allow you to carry (not specified in the statutes) but you better cover it back up before they arrive back home!
IANAL
I hate to throw a wrench in the works, but if you were alone in your brother's house (with his permission) didn't that put you "in control of the property" thus making you legal?Charles L. Cotton wrote:Just one clarification; prior to Sept. 1, 2007, TPC §46.02 did constitute a total ban on possession of handguns, with numerous "not applicable" provisions. These amount to defenses to prosecutions, not exceptions. However, as of Sept. 1, 2007, the Motorist Protection Act (HB1815) made landmark changes to TPC §46.02. No longer is it illegal to possess handguns on your own property or property under your control, or in your car or a car under your control. This is not an insignificant difference in terminology; it's a sea-change difference in Texas jurisprudence.chabouk wrote:Okay, that should be easy to find in the statutes, right?Purplehood wrote:I dispute that.chabouk wrote:Contend it all you want, it's still illegal.Purplehood wrote:My contention is that I can legally open-carry within my brothers residence.
Texas law in PC 46.02 makes it a crime to have a handgun on or about your person. The law starts with a total ban on handguns.
Then, the law goes on to list exceptions to that ban. Two of those exceptions (having a CHL, or being in a vehicle you own or control) require the gun to be concealed. For every other exception, open/concealed isn't mentioned.
While at your brother's residence, since it's not property you own or control, and you're not engaged in sporting activity, or traveling, or any other exception, you can only possess a handgun by virtue of your CHL. PC 46.035 makes it illegal to intentionally fail to conceal while carrying under authority of your CHL.
There is no exception to either 46.02 or 46.035 of "with the property owner's permission".
If you can find such an exception, please give us a citation.
If the property is not yours and it is not under your control, then it is unlawful to have a handgun on or about your person, unless you are otherwise authorized under Texas law. This can be in the form of a CHL, or meeting one of the other "not applicable" provisions set out in TPC §46.15. If you are legally carrying in your brother's home only because you have a CHL, then you violate TPC §46.035(a) by intentionally failing to conceal your handgun. Permission from your brother or host does not change Texas law. For example, let's say your brother says it's okay to carry openly, but your sister-in-law calls the COPS. You cannot be prosecuted for violation of TPC §46.02 because you have a CHL, but you can be prosecuted for intentionally failing to conceal (TPC §46.035(a)).
Chas.
