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Is cleaning your handgun in your backyard legal? I'm confused about what 46.02 says. It mentions you being safe as long as you're "on" your "premises", but then premise is defined as real property, which I assume means a house or some other kind of structure. But how can you be "on" your house? (Do I clean it up on the roof?!) But seriously, can you be "on" your property anywhere, unconcealed, including back or front yard?

In my situation, I have a 6' fence all around, so I should still be out of sight seated at my patio table...but there's a few boards crooked or missing here and there, plus anyone can peek over. I would rather clean it outside on the patio so the fumes don't stink up the house, but not if it will mean a ride downtown. I read a story by Nitrogen where a neighbor called the cops on him while he was cleaning his rifle, but the cop didn't seem to care. Question is: was there no offense, or was the cop being nice?

I'm only an English major, and know basically nothing of law, but I really don't think that it's that big of a deal. I do whatever I want with my guns on my property and no one says anything ever. I've never heard of someone having to conceal their guns on their own property, and frankly, I'd think it was a bit silly if they actually made that a law. I wouldn't worry about it if I were you, of course, as I stated, I'm not a lawyer or anything.

You can clean your guns in the back yard. It's what I do. Just don't point them at other houses or vehicles.

PC §46.02(1) says, "on the person's own premises or premises under the person's
control..."

In that case, premises has the general meaning of real property (land or buildings).

PC §46.035(f)(3) defines premises as "a building or a portion of a building" for the sole purpose of that chapter and a few others that refer to it. IIRC, that clause was added after 1995 to clarify the situation with school grounds.

All of this applies only to handguns, not long guns.

- Jim

Let's go a step further. You can open carry on your own property, or on property "under your control". So, of course you can clean your guns outside.

I prefer cleaning them in the front yard.

i like to shine up the shotgun while having a yard/garage sale..keeps folks honest

I wouldn't simply because I do not want my neighbors, or their children, or anybody else, finding out that I have guns in the house - unless I know them real well. Just randomly advertising to anybody (and anybody they pass the word to) that there are guns on the property is just inviting a burglary when you leave the house.

couzin wrote:Just randomly advertising to anybody (and anybody they pass the word to) that there are guns on the property is just inviting a burglary when you leave the house.

I prefer to think of it as a warning. It has worked for 13 years and counting.

I doubt that firearms are more attractive to burglars than jewelry. Burglary of a habitation is among the most serious of felonies, so anyone willing to commit burglary is going to go for whatever valuable item they can get.

- Jim

couzin wrote:I wouldn't simply because I do not want my neighbors, or their children, or anybody else, finding out that I have guns in the house - unless I know them real well. Just randomly advertising to anybody (and anybody they pass the word to) that there are guns on the property is just inviting a burglary when you leave the house.

This is the third time I've heard these sentiments in the last 3 days. It's making me wish I could erase the memories of all the people I've told I have a gun and a CHL. Fortunately, though, most of those people are also gun/CHL people, but it's more the "friend of a friend" thing that I worry about. Oh well. Just another reason to carry 24/7!

seamusTX wrote:

couzin wrote:Just randomly advertising to anybody (and anybody they pass the word to) that there are guns on the property is just inviting a burglary when you leave the house.

I prefer to think of it as a warning. It has worked for 13 years and counting.

I doubt that firearms are more attractive to burglars than jewelry. Burglary of a habitation is among the most serious of felonies, so anyone willing to commit burglary is going to go for whatever valuable item they can get.

- Jim

Yeah, I think there are always two ways to look at it. You could say that it's invitation to get robbed, but on the other hand it could be a warning to burglars. My opinion is that you have to choke it up and enjoy cleaning your guns in your yard if that's the way you like to do it. In life things happen, and I personally try not to walk through my life thinking "what if, what if." You could scare of potential burglars and you could invite them when you leave the house. There is no way to know what they're thinking because everyone thinks differently, so if we look at it like that, either way you're screwed.

I also drive one of the most frequently stolen vehicles (Honda Accord), so I just have to play my cards as they are dealt.

- Jim

I am gone from my house for long stretches of time. I too subscribe to the "don't encourage a burglar" train of thought.

I clean mine on the front porch, but both of my neighbors are into guns and have their CHLs as well. I also shoot in my backyard.

flb_78 wrote:I also shoot in my backyard.

So that's what I keep hearing at night!

Seriously though, speaking of this, is there not a law that prohibits you from discharging a handgun on your own property? In other words, you don't just have to be at a licensed gun range?

ClarkLZeuss wrote:

flb_78 wrote:I also shoot in my backyard.

So that's what I keep hearing at night!

Seriously though, speaking of this, is there not a law that prohibits you from discharging a handgun on your own property? In other words, you don't just have to be at a licensed gun range?

You have to have a minimum amount of land to do so. I'm sure someone more knowledgable will chime in soon with the actual numbers. I just know there is a certain amount of land you need. Some for pistols, more for rifles.