open carry on your property?

[threeg45]

Thank you for every ones input. There may be different thoughts when it comes to rural or urban. I carry concealed on my 1 acre lot in the middle of the city, I would prefer to not worry about showing my weapon, but since I live across the street from a school and we all know the un-natural fear the boards have. At this time I am not willing to be the test case. The confusion in the law about premesis is typical government. Let the lawabiding American carry as he or she pleases. Anywhere a LEO can, we can.
Thanks again.

[seamusTX]

... but since I live across the street from a school

I think you are prudent. Even if the police understand the law and leave you alone, you could end up on the front page of the newspaper.

- Jim

[txinvestigator]

Thank you for every ones input. There may be different thoughts when it comes to rural or urban. I carry concealed on my 1 acre lot in the middle of the city, I would prefer to not worry about showing my weapon, but since I live across the street from a school and we all know the un-natural fear the boards have. At this time I am not willing to be the test case. The confusion in the law about premesis is typical government. Let the lawabiding American carry as he or she pleases. Anywhere a LEO can, we can.
Thanks again.

The rhetoric of property lines etc., in this thread notwithstanding, there is no confusion regarding carry on your own property. You can; it is legal. The cops are not going to order a survey before coming out to see if you crossed the line.

If you obviously are off of your property you will have a problem. If you are on your property, you will not.

[frankie_the_yankee]

Thank you for every ones input. There may be different thoughts when it comes to rural or urban. I carry concealed on my 1 acre lot in the middle of the city, I would prefer to not worry about showing my weapon, but since I live across the street from a school and we all know the un-natural fear the boards have. At this time I am not willing to be the test case. The confusion in the law about premesis is typical government. Let the lawabiding American carry as he or she pleases. Anywhere a LEO can, we can.
Thanks again.

The rhetoric of property lines etc., in this thread notwithstanding, there is no confusion regarding carry on your own property. You can; it is legal. The cops are not going to order a survey before coming out to see if you crossed the line.

If you obviously are off of your property you will have a problem. If you are on your property, you will not.

My gut tells me that you are correct.

But when I look up the law, I only see an exemption for when you're on your own "premises". And the word "premises" is not defined in the various places where it crops up, except for 46.035 which doesn't count as the definition given is limited to that section.

So how is it that I can carry openly (or concealed for that matter if I didn't have a CHL) all over my rural property without violating the law? And what about people who live in the city on small lots?

Like I said, I've always thought that carrying on your own property was fully legal - and still do. I am just surprised that the law (that I can find) doesn't seem to be clear on it.

Is it through case law or is there some provision or definition that I am simply not finding?

[txinvestigator]

Thank you for every ones input. There may be different thoughts when it comes to rural or urban. I carry concealed on my 1 acre lot in the middle of the city, I would prefer to not worry about showing my weapon, but since I live across the street from a school and we all know the un-natural fear the boards have. At this time I am not willing to be the test case. The confusion in the law about premesis is typical government. Let the lawabiding American carry as he or she pleases. Anywhere a LEO can, we can.
Thanks again.

The rhetoric of property lines etc., in this thread notwithstanding, there is no confusion regarding carry on your own property. You can; it is legal. The cops are not going to order a survey before coming out to see if you crossed the line.

If you obviously are off of your property you will have a problem. If you are on your property, you will not.

My gut tells me that you are correct.

But when I look up the law, I only see an exemption for when you're on your own "premises". And the word "premises" is not defined in the various places where it crops up, except for 46.035 which doesn't count as the definition given is limited to that section.

So how is it that I can carry openly (or concealed for that matter if I didn't have a CHL) all over my rural property without violating the law? And what about people who live in the city on small lots?

Like I said, I've always thought that carrying on your own property was fully legal - and still do. I am just surprised that the law (that I can find) doesn't seem to be clear on it.

Is it through case law or is there some provision or definition that I am simply not finding?

Frankie, It is as clear as can be to me.

The reason premises is defined in 46.03 and 46.035 is the fact that it is not defined in 46.01 or 46.02, and the legislators wanted a more narrow definition than the common useage definition for those sections.

Merriam Webster

Main Entry: 1prem·ise
Variant(s): also pre·miss \ˈpre-məs\
Function: noun
Etymology: in sense 1, from Middle English premisse, from Anglo-French, from Medieval Latin praemissa, from Latin, feminine of praemissus, past participle of praemittere to place ahead, from prae- pre- + mittere to send; in other senses, from Middle English premisses, from Medieval Latin praemissa, from Latin, neuter plural of praemissus
Date: 14th century
1 a: a proposition antecedently supposed or proved as a basis of argument or inference; specifically : either of the first two propositions of a syllogism from which the conclusion is drawn b: something assumed or taken for granted : presupposition
2plural : matters previously stated; specifically : the preliminary and explanatory part of a deed or of a bill in equity
3plural [from its being identified in the premises of the deed] a: a tract of land with the buildings thereon b: a building or part of a building usually with its appurtenances (as grounds)

[seamusTX]

Here's a link to a Texas Court of Criminal Appeals ruling that defines premises the same way (though not in a weapons case).

Oops. The link doesn't work unless you're a Findlaw subscriber. The case was TERRY RICKELS V. TEXAS, 462-02. A man was charged with violating a law the prohibits sex offenders from being within a certain distance of any premises where children congregate.

The court used this definition of permises:

... we look to a dictionary definition of the term "premises." Black's Law Dictionary defines premises as "[a] house or building, along with its grounds." So in this instance, the property line of the school is indeed the proper boundary from which to measure.

- Jim

[threeg45]

It is a good thing then that the definition for premises was rewritten for CHL to go onto school property but not into the buildings. Just rewrite the law so we can go where we want.

[age_ranger]

It is a good thing then that the definition for premises was rewritten for CHL to go onto school property but not into the buildings. Just rewrite the law so we can go where we want.

........because anywhere we go, the premises we occupy is under our control

[stevie_d_64]

Well, if anything...Technicalities are either a bane or a blessing if you ever get into trouble...

I am comfortable with what I and others know and understand about "premises" and O.C. on your own property and all of that...

Since for lack of a better term, we must stay on the "straight and narrow" boundaries within that concept and law...

Pushing the envelope can certainly get someones attention and bring these technicalities into play...

And not everyone is on our side in this...