Stupid Question

[thatguyoverthere]

Ok, I'm going to put my ignorance of full display and give you guys a good chuckle tonight. It's been a long weekend, it's late, I'm tired, and apparently my brain is a little foggy, so I need some assistance here with an answer to a stupid question.

Texas penal code paragraph 46.02 basically says that it's unlawful to carry a handgun "on or about" a person unless that person is on his own premises, or premises under that persons control, or is inside or directly en route to or from his car. And that's basically it.

Obviously I'm missing something here. Otherwise, why aren't the cops lined up to arrest all these people without CHL's as they carry their handguns "about their person" in and out of shooting ranges all over Texas?

Now what really got me to this point is that I was scrolling through some FAQs somewhere (I forget where now) that said it was illegal in Texas to open carry a handgun on someone else's private property, even with the property owner's permission. I find that a little hard to believe, too, but haven't yet found anything in the Texas statues to prove otherwise.

So if I invite my own son out to my place in the country to shoot his handgun on my private property, does that mean that we are breaking the law? Surely that can't be right, but I guess I'm just too bleary-eyed right now to find the right section of the law to clear that up.

I know a bunch of you guys can quote chapter and verse of the law right off the top of your head, so I'd appreciate it if you could point me to the relevant passages!

[gward]

Look at section 46.15 Nonapplicabilty.

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

(3) is engaging in lawful hunting,fishing , or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor's residence, motor vehicle,or water craft, if the weapon is a type commonly used in the activity;

Therefore having your son over to shoot his handgun on your property , In my opinion would constitute engaging in a sporting activity as would shooting ranges. I hope this helps

[C-dub]

Yeah, transporting a gun under those circumstances is an expected activity and there's no other way around it.

[mr1337]

Obviously I'm missing something here. Otherwise, why aren't the cops lined up to arrest all these people without CHL's as they carry their handguns "about their person" in and out of shooting ranges all over Texas?

As gward posted, that would fall under "sporting activity" in 46.15, during which 46.02 does not apply.

Now what really got me to this point is that I was scrolling through some FAQs somewhere (I forget where now) that said it was illegal in Texas to open carry a handgun on someone else's private property, even with the property owner's permission. I find that a little hard to believe, too, but haven't yet found anything in the Texas statues to prove otherwise.

Read up on Penal Code 46.02 and 46.16(b).

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (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; or
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.

This basically says if you don't have a CHL, you can carry on your own property (or vehicle) that you own or control. It doesn't say anything about getting permission from the property owner. There's a bill they're trying to pass this session that would allow the property owner to give you permission to carry. We're hoping it passes, as then we would not have this question.

So if I invite my own son out to my place in the country to shoot his handgun on my private property, does that mean that we are breaking the law? Surely that can't be right, but I guess I'm just too bleary-eyed right now to find the right section of the law to clear that up.

On the way to and from the shooting area, the law would not apply (due to sporting activity) per 46.16(b)(3). He would not be able to carry (without a CHL) otherwise unless engaged in another activity specified in 46.16(b)(3) UNLESS he has control of the property. I don't think "control of a property" is defined in Texas Penal Code, so you're risking someone else interpreting it differently. Because of this, I would just recommend not using the "control of property" exemption unless you talk to someone who can actually give you legal advice (i.e. a lawyer)

[thatguyoverthere]

Thanks, guys. I knew it was there somewhere, I just didn't go through enough. I'm going to download all the relevant parts of the statutes and put them together in one easily searchable document so I don't have this problem again!

[n5wd]

Thanks, guys. I knew it was there somewhere, I just didn't go through enough. I'm going to download all the relevant parts of the statutes and put them together in one easily searchable document so I don't have this problem again!

Already done for you: the CHL-16, brought to you by the friendly folks of the Department of Public Safety.

https://www.txdps.state.tx.us/internetf ... CHL-16.pdf" onclick="window.open(this.href);return false;

[thatguyoverthere]

Thanks, guys. I knew it was there somewhere, I just didn't go through enough. I'm going to download all the relevant parts of the statutes and put them together in one easily searchable document so I don't have this problem again!

Already done for you: the CHL-16, brought to you by the friendly folks of the Department of Public Safety.

https://www.txdps.state.tx.us/internetf ... CHL-16.pdf" onclick="window.open(this.href);return false;

Thanks n5wd. And do you know what's really stupid? I've looked at that document a number of times, and already have it saved on my computer! Man, I need a vacation!