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Open carry at home?

Posted: Sun Jul 10, 2005 7:52 pm
by waffenmacht
Hi guys,
I am a brand new member here. Luckily i saw Chas' link over at packing.org. I must say, I am very excited to find a forum dedicated to Texas residents.
So, here is my question. While at home, can I carry open. For example, could I be on my front porch cleaning a firearm? Can anyone post, or cite the regulation allowing this? Thanks in advance. -Bruce

Posted: Sun Jul 10, 2005 8:29 pm
by Lumberjack98
While I can't give you the code, I'm sure that if you're on your property (at least of your principal residence), you can carry any way you want.

Posted: Sun Jul 10, 2005 8:37 pm
by HighVelocity
Depending on what kind of neighborhood you live in, even though you may be within your right on your property, you should have a speech prepared for the cops that show up on a "man with a gun" call.

Posted: Sun Jul 10, 2005 8:50 pm
by Lumberjack98
HighVelocity wrote:Depending on what kind of neighborhood you live in, even though you may be within your right on your property, you should have a speech prepared for the cops that show up on a "man with a gun" call.
+1

If you have some nosey neighbors, you will definitely be getting a visit from LE trying to figure out what's going on.

Posted: Sun Jul 10, 2005 9:10 pm
by txinvestigator

§46.02. Unlawful carrying weapons.

(a) A person commits an offense if he intentionally,
knowingly, or recklessly carries on or about his person a handgun,
illegal knife, or club.


§46.15. Nonapplicability.

(b) Section 46.02 does not apply to a person who:


(2) is on the person's own premises or premises under the
person's control


beware of;



§42.01. Disorderly conduct.

(a) A person commits an offense if he intentionally or
knowingly:



(8 ) displays a firearm or other deadly weapon in a public
place in a manner calculated to alarm;



1.07
(40) "Public place" means any place to which the public or a
substantial group of the public has access and includes, but is not
limited to streets, highways, and the common areas of schools,
hospitals, apartment houses, office buildings, transport facilities,
and shops.

Posted: Mon Jul 11, 2005 12:41 am
by waffenmacht
Thanks txinvestigator. Thats exactly what I was looking for. Much appreciated. This brings up the question of "premises".

Posted: Mon Jul 11, 2005 7:54 am
by txinvestigator
waffenmacht wrote:Thanks txinvestigator. Thats exactly what I was looking for. Much appreciated. This brings up the question of "premises".
The only definition of the word in the Penal Code only applies to sections 46.03 & 46.035.

I imagine we then use the common definition;

prem·ise
n. also prem·iss (prms)

1. A proposition upon which an argument is based or from which a conclusion is drawn.
2. Logic.
1. One of the propositions in a deductive argument.
2. Either the major or the minor proposition of a syllogism, from which the conclusion is drawn.
3. premises Law. The preliminary or explanatory statements or facts of a document, as in a deed.
4. premises
1. Land and the buildings on it.
2. A building or part of a building.



v. prem·ised, prem·is·ing, prem·is·es
v. tr.

1. To state in advance as an introduction or explanation.
2. To state or assume as a proposition in an argument.


v. intr.

To make a premise.





Source: The American Heritage® Dictionary of the English Language, Fourth Edition

Main Entry: prem·is·es
Pronunciation: 'pre-m&-s&z
Function: noun plural
1 : matters previously stated: as a : the preliminary part of a deed that includes a description of the real estate and that precedes the habendum b : the preliminary part of a bill in equity that states the facts, names the wrongs, and identifies the defendants
2 : a tract of land with its component parts (as buildings); also : a building or part of a building usually with its appurtenances (as grounds or easements)

Source: Merriam-Webster's Dictionary of Law, © 1996 Merriam-Webster, Inc.

premises

n : land and buildings together considered as a place of business; "bread is baked on the premises"

Source: WordNet ® 2.0, © 2003 Princeton University

Open Carry

Posted: Mon Jul 11, 2005 7:54 am
by anygunanywhere
I open carry at home all of the time. My Neighbors have seen me. They really do not care. If more folks open carried the sheeple would lose a lot of their fear of handguns.

My neighbors all have kids that come over and talk to my wife and me. Their parents alll know we are armed. I also know a few of my neighbors are armed as well.

An armed society is a peaceful society.

Posted: Mon Jul 11, 2005 5:16 pm
by waffenmacht
Thanks guys. I guess whether one can carry openly on thier own property, such as driveway, sidewalk, yard, ect... comes down to the applicable definition of "premises"

Posted: Mon Jul 11, 2005 7:16 pm
by txinvestigator
The definition that excludes driveways, sidewalks, etc, ONLY applie to places that restrict yout right to carry.

Posted: Mon Jul 11, 2005 9:58 pm
by Chris
i really don't like my neighbors knowing i have a lot of guns. most burglaries i've ever worked usually knew the person who broke in through inadvertent introductions. why break into a home and risk a second degree felony if you don't know what the payoff is?

Not worried

Posted: Tue Jul 12, 2005 7:34 am
by anygunanywhere
Guns not on hip locked up in very large safe. Monitored alarm system almost always armed, especially when wife at home alone. She keeps deadbolts locked. and pistol on.

League City's finest are very responsive to alarms. I feel very comfortable and secure. Accidentally set off silent dureass alarm one day and they were there, weapons drawn, ready to rock in minutes. The meat eaters were hungry!

Now all I need is a dog.

Posted: Tue Jul 12, 2005 9:59 am
by tehlump
Chris wrote:i really don't like my neighbors knowing i have a lot of guns. most burglaries i've ever worked usually knew the person who broke in through inadvertent introductions. why break into a home and risk a second degree felony if you don't know what the payoff is?
http://www.askingsaveskids.com/

:roll:

Re: Not worried

Posted: Tue Jul 12, 2005 11:53 am
by stevie_d_64
anygunanywhere wrote:Now all I need is a dog.
Ahhhh, thats too cute...Go to the SPCA over near Washington St. and take a gander at the supply...I think they can hook you up with a good fit there... :wink:

Posted: Tue Jul 12, 2005 4:26 pm
by Chris
tehlump wrote:
Chris wrote:i really don't like my neighbors knowing i have a lot of guns. most burglaries i've ever worked usually knew the person who broke in through inadvertent introductions. why break into a home and risk a second degree felony if you don't know what the payoff is?
http://www.askingsaveskids.com/

:roll:

what does that have to do with keeping your weapons stash private? i prefer that my neighbors and some of their random scummy friends not know i have weapons in my house.