open carry on your property?

[striker55]

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?

[DoubleJ]

yup. step off the curb and you're in violation, though.

[txinvestigator]

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;

[frankie_the_yankee]

I would say that on your own property you are clearly OK to open carry. I do it all the time on my little spread.

But if your mailbox is located at the curb, as most are, you're in a gray area. Your sidewalk is somewhat of a "common area" in that anyone can walk past your house on the sidewalk. So in my view, you could be violating the law to carry there.

I would not carry openly on my sidewalk.

[austin-tatious]

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?

[stevie_d_64]

An additional word of caution...

I have not a problem in the world with the concept here...But having worked in some survey companies, and other firms that utilize survey data...You know all those invisible lines on maps and stuff...

The "curb" is not necessarily the line in the sand that you shouldn't cross if you do this...

There are things like property lines that may or may not conform to visible fence lines, and even more confusing that the curbs only mark the extents of the driving surface in some cases...

There are things like "right of ways" and "easements" for utilities and other services provided by municipalities and other entities that are not generally considered "your" property...Things like this kinda "lap" over each other in some cases...

Now...

Why do I throw this twist in here...(I'm glad you roll your eyes)

If you do this OC activity enough where some people notice that might not like it when they see it...

If I was a betting man, someone may note exactly where you are in relation to some of these "boundaries"...If those investigations turn out to be sympathetic to the annoyance of those who do not like you and what you are doing...

Well...I kinda think its something someone might, in a stretch, try to build a case on you in that regard...

In the case of a mailbox scenario...That mailbox may be on the end of a driveway or road leading out to a main road off of your property...That mailbox has to generally be accessible to postal workers from that "main" road...And that may not be technically on your property...

All I am suggesting is to be aware of these technical things if your "statements" of O.C. take you to the edge of some of these boundaries...

We are also, by our nature and discussions over the years trying to be especially aware of "premises" and other regulations and restrictions afforded to us while we are out there in public...

This is just another one of those things that "might" become an issue if some press this...

Just something to keep in mind...Thats all I am suggesting...

[stevie_d_64]

I would say that on your own property you are clearly OK to open carry. I do it all the time on my little spread.

But if your mailbox is located at the curb, as most are, you're in a gray area. Your sidewalk is somewhat of a "common area" in that anyone can walk past your house on the sidewalk. So in my view, you could be violating the law to carry there.

I would not carry openly on my sidewalk.

Bingo!

Are you like stalking me or something???

[txinvestigator]

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.

[barres]

Stevie,

Sidewalks as common property I understand (though there are no sidewalks in my neighborhood), and property boundaries not always being clearly or correctly marked I understand, but, IIRC, an easement does not relinquish ownership of that parcel of property, but allows someone else access to it. Are you saying that, since you therefore do not have sole control of the property, that is why you cannot OC? But the law says the persons own premises or premises under the person's control. That's the understanding of the law by which I OC on some rental property I own. Or am I missing something here?

[stevie_d_64]

Stevie,

Sidewalks as common property I understand (though there are no sidewalks in my neighborhood), and property boundaries not always being clearly or correctly marked I understand, but, IIRC, an easement does not relinquish ownership of that parcel of property, but allows someone else access to it. Are you saying that, since you therefore do not have sole control of the property, that is why you cannot OC? But the law says the persons own premises or premises under the person's control. That's the understanding of the law by which I OC on some rental property I own. Or am I missing something here?

No you are not missing anything...

You are correct, easements are for maintenance and access rights...Not much you can do (or need to do for that matter) to stop them taking care of proprietary equipment and pipes inside those easements...You could assume the utility companies might not like someone coming outside even on your property, open carrying a firearm...A lot of this is silly, but with how some may react to this...You just never know...

I used this as an example of boundaries that you may or may not know of exactly where they are, and such, may be something someone "might" be able to take issue with you about your open carry...

All the examples I am giving are to try and paint a picture, that even though you can do this on your property, you just might want to make sure you know some of the things I and a few others know that might allow others to throw gas on the fire and burn ya a little bit...Thats all I'm saying...Just be careful...

[barres]

OK. I wasn't trying to imply that you were wrong, but I often have an incomplete understanding of the law. I've only had my CHL for a year or so, and I'm still learnin'.

[Mr.Lebowski]

I'm sure that you could be charged with something. You can't go walking around your front yard naked, they'll get you for indecent exposure because passers by can see.

I would love to be able to OC but I'm not going to even on my property because to many people are scared of guns and I'd rather them not skew the facts when they call the cops on me.

[casingpoint]

"unless you are on your own premises or premises under your control"

Well, if I'm carrying, I'm most definitely in control of the premises if someone wants to go out of control and perpetrate illegal acts that might endanger me and mine, so what the hey, I can pack open anywhere the way I read the statute.

And I thought a recent thread established that under the new traveling law a handgun does not have to be concealed???

[Jeremae]

I, being the curious and nit picky type, checked my actual property boundries and found that not only the drainage ditch (BIG ditch) but the last 2 feet of the road's width was on my property. In addition almost 3 feet of the ditch was BEYOND the easement. I guess road and ditch were widened some time back and they didn't care if they took up 3 feet of what was a rice patty back then.

[Liberty]

And I thought a recent thread established that under the new traveling law a handgun does not have to be concealed???

Not quite.
There is nothing anymore under traveling that mentions concealing weapons.

There was a presumption that if you met certain conditions that you were traveling. One of these conditions was if the handgun being concealed,

The law got changed and the presumptions all got removed. This means its up to the courts to decide whether someone is traveling or not.

While they stripped out the presumptions under traveling, they made it legal to a carry gun in your car. One of the conditions for this to be legal is that the gun must be concealed.

They did all of this in the name clarity