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Question about carrying in other's private home
Posted: Thu Jun 19, 2008 3:42 pm
by kidder014
I've recently sent in my application, and still have some time before I have plastic in hand, but I had a quick question.
In my spare time, I have a small part-time service business I run, which involves visiting private residences for service calls. What concerns, or situations, should I be aware of regarding concealed carry into other people's private home? I'm not even sure if there is anything in the law regarding this scenerio, but I can see myself in this situation, and would like any comments or suggestions regarding this.
Thanks!
Re: Question about carrying in other's private home
Posted: Thu Jun 19, 2008 3:50 pm
by Charles L. Cotton
From purely a legal viewpoint, as long as the residence doesn't have a proper 30.06 sign and the homeowner hasn't verbally told you that guns are not allowed, then you can enter without committing a crime. Also, as long as you don't intentionally fail to conceal your handgun, you don't violate TPC 46.035(a) if your gun inadvertently becomes visible.
You probably will get varying opinions based on ethical or personal values, but in my view, that is a matter of personal opinion that no one can answer for you.
Chas.
Re: Question about carrying in other's private home
Posted: Thu Jun 19, 2008 3:54 pm
by kidder014
Thanks for the info. This is what I figured to be the case, but I feel better hearing it from you and not just assuming I was right.
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Re: Question about carrying in other's private home
Posted: Thu Jun 19, 2008 4:00 pm
by HerbM
Don't break the law -- and that includes failure to conceal.
If you frequently show yours inadvertently then you need to rethink you carry strategy and equipment.
Why would anyone know? Why would anyone have a legitimate concern?
Re: Question about carrying in other's private home
Posted: Thu Jun 19, 2008 8:31 pm
by Dan20703
If done correctly nobody will ever know.
..also don't ever tell any of your customers.
Re: Question about carrying in other's private home
Posted: Thu Jun 19, 2008 9:03 pm
by kidder014
Thanks for the info. It is interesting from a new CHL applicant prospective to see these different scenerios, and I can't help but wonder how many people I have encountered in the past that were carrying, and I never knew it... Obviously that's the point, but interesting still....
Re: Question about carrying in other's private home
Posted: Fri Jun 20, 2008 8:22 am
by RPBrown
Dan20703 wrote:If done correctly nobody will ever know.
..also don't ever tell any of your customers.
+1. I carry in homes and businesses that are not posted. Just stay concealed
Re: Question about carrying in other's private home
Posted: Fri Jun 20, 2008 8:23 pm
by Liberty
My thoughts are if I feel I should be carrying in public, Then It is imperative that I carry into a strangers place.
Re: Question about carrying in other's private home
Posted: Fri Jun 20, 2008 8:31 pm
by longtooth
I pastor a Baptist Church. Just Read my signature.
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Re: Question about carrying in other's private home
Posted: Sat Jun 21, 2008 10:23 am
by bdickens
When you look at the law, and the changes that have been made to the law, I think it's obvious that the intent is to allow CHLs to carry freely pretty much everywhere. The exceptions are the exception, rather than the rule.
Re: Question about carrying in other's private home
Posted: Thu Jun 26, 2008 1:09 am
by wombat
From purely a legal viewpoint, as long as the residence doesn't have a proper 30.06 sign and the homeowner hasn't verbally told you that guns are not allowed, then you can enter without committing a crime. Also, as long as you don't intentionally fail to conceal your handgun, you don't violate TPC 46.035(a) if your gun inadvertently becomes visible.
You probably will get varying opinions based on ethical or personal values, but in my view, that is a matter of personal opinion that no one can answer for you.
Chas.
Homeowner is not a business 30.06sign. Read the parts about private property rights, you must have their permission. CHL does not override property rights. Your a stranger on someone land.
AAAAAhhhhhhh.... No... You must ask the property owner period...!!!!! Or you can face trespassing and armed, double wham for you.
If you came on my property/home and I found you had a gun.. you might be 2 seconds from needing a will..!!!! Becouse I dont KNOW YOU!!! NOR TRUST you in my home... Put the shoe on the other foot, if they see part of a gun or "more so" an impression of one.
It's their Castle..
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Re: Question about carrying in other's private home
Posted: Thu Jun 26, 2008 1:12 am
by wombat
kidder014 wrote:I've recently sent in my application, and still have some time before I have plastic in hand, but I had a quick question.
In my spare time, I have a small part-time service business I run, which involves visiting private residences for service calls. What concerns, or situations, should I be aware of regarding concealed carry into other people's private home? I'm not even sure if there is anything in the law regarding this scenerio, but I can see myself in this situation, and would like any comments or suggestions regarding this.
Thanks!
Ask the DA or your instructor. Not someones opinion.
Re: Question about carrying in other's private home
Posted: Thu Jun 26, 2008 2:07 am
by Mike1951
Some states have an obligation to inform the homeowner.
Texas does not.
You are legal until the homeowner informs you otherwise.
Edited to add: My answer would not apply in the case of trespass, which is where your property rights would apply.
If you are in a home legally, you are legal.
Re: Question about carrying in other's private home
Posted: Thu Jun 26, 2008 6:35 am
by HerbM
wombat wrote:
Homeowner is not a business 30.06sign. Read the parts about private property rights, you must have their permission. CHL does not override property rights. Your a stranger on someone land.
AAAAAhhhhhhh.... No... You must ask the property owner period...!!!!! Or you can face trespassing and armed, double wham for you.
If you came on my property/home and I found you had a gun.. you might be 2 seconds from needing a will..!!!! Becouse I dont KNOW YOU!!! NOR TRUST you in my home... Put the shoe on the other foot, if they see part of a gun or "more so" an impression of one.
It's their Castle..
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That is not true nor correct. You will need to quote what you think exempts a home owner from either posting a sign or making a verbal notification to prevent otherwise legal carry.
All of this presumes someone is LEGALLY on your property -- say you have a meeting of your local neighborhood watch or a birthday/Christmas party where you perhaps invite people you don't even know (well).
If they are legal visitors they have no requirement to notify you of carry. You may post a sign, or you may tell each guest. (or tell them all at once or in groups) but your choices are ignore it, post it, or verbal notification.
You would be guilty of assault or worse if you took violent action on seeing an inadvertently shown firearm if so notification were given. You could however at that point either verbally notify the person or revoke the invitation and ask them to leave.
If someone were to brandish, that is different. A trespasser is different too of course.
Re: Question about carrying in other's private home
Posted: Thu Jun 26, 2008 11:29 am
by boomerang
wombat wrote:AAAAAhhhhhhh.... No... You must ask the property owner period...!!!!! Or you can face trespassing and armed, double wham for you.
If you came on my property/home and I found you had a gun.. you might be 2 seconds from needing a will..!!!! Becouse I dont KNOW YOU!!! NOR TRUST you in my home... Put the shoe on the other foot, if they see part of a gun or "more so" an impression of one.
It's their Castle..
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If you invited someone into your home, you gave them consent and they're not trespassing.
It doesn't matter if you invited them to watch the superbowl or to fix your a/c.