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I know that I can carry open on my own property or at my business. However what if I'm at someone else's home i.e. next door at the neighbors or If I'm outside at 10 or 11 O'clock at night having my before bedtime cigg and few minutes of peace & quite and I accidentally cross the grass line or place one foot over. Okay my neighbor knows I carry he is ok with it. But Lets say an officer was to drive by and see it on my hip and become a concern for him I'm on my neighbors property or someone else's property other than mine that has given me permission or is ok with it? When I'm out at the inlaws I carry open just because their are so many snakes way out in the boonies off of 2004.

When you are off of your own property, you cannot carry a handgun unless you come within one of the "Not Applicable" provisions in TPC 46.15. These include hunting, sport shooting, traveling, CHL holder, peace officer, etc.

Unless your presence on someone else's property comes within one of the other "not applicable" provisions such as hunting, target shooting, etc., then you will likely be relying upon your CHL. When carrying pursuant to the "authority" granted by your CHL, then the gun must be concealed. Your neighbor or your in-laws cannot relieve you of this requirement.

In short, if you are carrying off your property pursuant to your CHL, the gun has to be concealed.

Regards,
Chas.

Both my neighbors know that I carry also. I am in the garage, ward work, etc open carry a lot. Especially in the summer. Always keep a shirt close.

Is that crazy or what. In other words, if my neighbor carrys open when he is mowing the yard (paranoid, but hypothetical neighbor), and I like to just walk around in my yard for the hell of it with my pistol exposed so all can see my new holster, that is fine. But if my paranoid neighbor says, "hey come over here and let me see that new Del Fatti masterpiece" and I walk over there, I can be hooked up?????

Goodgod!! That is stupid.

Glenn

I must be paranoid then cause I am armed when I mow my yard or the neighbors. But then since I had such a hard time in 3rd grade spelling class I just spell paranoid, prepared. This really yall's fault. I did not carry at home until the thread on home carry.

longtooth wrote:his really yall's fault. I did not carry at home until the thread on home carry.

Me too!

I just pull off whatever was covering the pistol and open carry when at the apt usually. I also tuck my shirt over the holster (to expose the piece) if it was just a tshirt concealing. This also lets me know where the only loaded hangun in my apt is, and who is controlling it.

-nick

So let me get this straight. It is legal for you to open carry on your property (inside the house, back yard, front yard, garage, driveway up to the side walk, etc), but the moment you setp into your neighbor's yard you can get in trouble?

Just making sure.

If you can't open carry except on your property (I assume this to mean property under your control - home or business by lease or ownership) then how do the guys at the gun store and range open carry? If their employer could grant them permission to open carry, couldn't your neighbor grant you permission?

Baytown...

You can open carry on my property anytime muh man...



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"Stevie-D-64" (real name TBD)


Print this out and I'll be happy to sign it, and make it official...

apowell wrote:If you can't open carry except on your property (I assume this to mean property under your control - home or business by lease or ownership) then how do the guys at the gun store and range open carry? If their employer could grant them permission to open carry, couldn't your neighbor grant you permission?

I think we're getting to different concepts confused. If it is legal for you to carry a handgun in a given location without a CHL then you can carry it openly. Your own property, hunting, shooting range, etc. are examples of such places.

Your neighbor's home is not a location where you can carry a handgun, unless you have a CHL. When you are carrying pursuant to your CHL, the gun has to be concealed and no person can waive that requirement for you; i.e. a neighbor.

Regards,
Chas.

What about employees at the gun store, Charles?

By a strict reading of the law, my neighbor broke the law when he brought over his guns for safekeeping (while his son was home between jail sentences). He wasn't going to an activity commonly requiring their use, but he openly carried them across the driveway and into my house.

There are things like this that need to be fixed. Fine-tuning the CHL law is fine, but we need to fix the broken basis of the law first.

Kevin

KBCraig wrote:What about employees at the gun store, Charles?

This is done all the time and I think most LEO's would not bat an eye. However, I vaguely recall case law that held no one but the business owner came under this "not applicable" provision. I don't recall the case name but I'll try to find it next week.

Regards,
Chas.

Charles L. Cotton wrote:

KBCraig wrote:What about employees at the gun store, Charles?

This is done all the time and I think most LEO's would not bat an eye. However, I vaguely recall case law that held no one but the business owner came under this "not applicable" provision. I don't recall the case name but I'll try to find it next week.

I'm not up on the law about security guards. Do they have to be commissioned to be exempt? Most gun shop owners certainly consider their employees to be safeguarding property, and they carry openly for that purpose.

Kevin

Yes you have to be a commissioned security guard to carry openly at the place you work for. Noncommissioned officers cannot carry. But to and from work I go by CHL rules and keep my weapon concealed.

So, given the importance Texas places on private property rights, I'd be surprised if it was illegal to carry openly with permission. That would make shooting matches and trips to the range problems right? What about employees at gun stores? I hope I have the right in my own home to tell my friends they can come over wearing a handgun.