Open carry (in the home) and door to door sales?

[Shinesintx]

Earlier, I was reading Oklahoma law...and came across something interesting. In Oklahoma, you can open carry to your vehicle and to the range. This open carry includes ones property.

In a thread where the OP had an altercation with a door to door bad guy, the Ok law got me to thinking.

Open carry at the time the OP had his interaction with the door to door guy...may have prevented this altercation?

Is the law the same in Texas? Can I answer the door with a gun on my hip? Or, would that be brandishing? Maybe I was headed to my vehicle on my property...when the doorbell rang? I guess the answer will depend on what Texas law is?

I know that in some gun forums, there is usually someone who will post "open carry would have prevented this"...but in this case, would it have prevented anything?

[apostate]

If they can legally possess the firearm, they can legally carry it at home. There's no requirement to conceal when on the person's own premises or premises under the person's control.

I don't know what would have happened if the Okie was openly wearing a sidearm, but someone with a crystal ball will be along shortly.

[Shinesintx]

If they can legally possess the firearm, they can legally carry it at home. There's no requirement to conceal when on the person's own premises or premises under the person's control.

I don't know what would have happened if the Okie was openly wearing a sidearm, but someone with a crystal ball will be along shortly.

It did not happen in Oklahoma, I just happen to do some reading concerning CCW...because I travel there.

The thread that got me thinking was this one: "First time to threaten use of gun"

I am just wondering if he would have been open carrying on his property, would open carry have prevented the guy coming at him. Also wondering if I should start answering the door while open carrying. Is it legal? Is it prudent?

[apostate]

If they can legally possess the firearm, they can legally carry it at home. There's no requirement to conceal when on the person's own premises or premises under the person's control.

I don't know what would have happened if the Okie was openly wearing a sidearm, but someone with a crystal ball will be along shortly.

It did not happen in Oklahoma, I just happen to do some reading concerning CCW...because I travel there.

The thread that got me thinking was this one: "First time to threaten use of gun"

I am just wondering if he would have been open carrying on his property, would open carry have prevented the guy coming at him. Also wondering if I should start answering the door while open carrying. Is it legal? Is it prudent?

There's no legal requirement in Texas to conceal when on your own premises or premises under your control. I won't even hazard a guess at prudence, because what's prudent for one person/situation may be ill advised for another.

[Shinesintx]

If they can legally possess the firearm, they can legally carry it at home. There's no requirement to conceal when on the person's own premises or premises under the person's control.

I don't know what would have happened if the Okie was openly wearing a sidearm, but someone with a crystal ball will be along shortly.

It did not happen in Oklahoma, I just happen to do some reading concerning CCW...because I travel there.

The thread that got me thinking was this one: "First time to threaten use of gun"

I am just wondering if he would have been open carrying on his property, would open carry have prevented the guy coming at him. Also wondering if I should start answering the door while open carrying. Is it legal? Is it prudent?

There's no legal requirement in Texas to conceal when on your own premises or premises under your control. I won't even hazard a guess at prudence, because what's prudent for one person/situation may be ill advised for another.

I get it that you dont want to take a stab at prudence...but having a dialogue about it could be beneficial for others. I kinda like the idea of open carry while answering the door...but admit that I could be easily swayed if someone were to disagree and explain why.

I dont want to start a flame war, I am just seeking council.

[sugar land dave]

As another member says in their signature, never show your hole card before it is time to do so. Concealed carry has some advantages over openly showing the possession and placement of defensive firearm. Answering the door, you are at a disadvantage due to the other person already being within your 21 foot reaction zone. Concealed in your hand behind your back would be better than open on your hip.

[Beiruty]

In TX, you can open carry on your property or from to your car. In your car, the handgun has to be concealed.

[Shinesintx]

As another member says in their signature, never show your hole card before it is time to do so. Concealed carry has some advantages over openly showing the possession and placement of defensive firearm. Answering the door, you are at a disadvantage due to the other person already being within your 21 foot reaction zone. Concealed in your hand behind your back would be better than open on your hip.

I fully agree with the bolded statement.

But, if the gun is in your hand...and they see it...is that considered brandishing? I really do not know. Can hand carry be considered open carry on ones property, thus negating brandishing?

[Beiruty]

There is no brandishing law in TX as far as I know. There is a aggravated deadly assault or attempt of aggravated deadly assault, when someone point a handgun as someone for no justified reason and threaten to shoot.


See Chapter 22 of TX Penal code. http://www.statutes.legis.state.tx.us/d ... /pe.22.htm" onclick="window.open(this.href);return false;

Note to those who are lawyers: In Chapter 22, there is no exception to self-defense, why?

[Shinesintx]

There is no brandishing law in TX as far as I know. There is a aggravated deadly assault or attempt of aggravated deadly assault, when someone point a handgun as someone for no justified reason.

If there is no brandishing law in Tx, what do they get ya for if one is say...carrying at 2:30, lifts their shirt and shows the goods?

[MoJo]

There is no brandishing law in TX as far as I know. There is a aggravated deadly assault or attempt of aggravated deadly assault, when someone point a handgun as someone for no justified reason.

If there is no brandishing law in Tx, what do they get ya for if one is say...carrying at 2:30, lifts their shirt and shows the goods?

Reckless failure to conceal is the charge if you are trying to alarm, I think. Failure to conceal if its accidental. (accidental is defense to prosecution)

[Beiruty]

There is no brandishing law in TX as far as I know. There is a aggravated deadly assault or attempt of aggravated deadly assault, when someone point a handgun as someone for no justified reason.

If there is no brandishing law in Tx, what do they get ya for if one is say...carrying at 2:30, lifts their shirt and shows the goods?

Failure to conceal, UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

Full text here: http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;

[RPB]

lifts their shirt and shows

Intentional failure to conceal.... http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.

but the above doesn't apply on one's own property because above applies to licensees only, and no license is needed on one's own property http://www.statutes.legis.state.tx.us/d ... /PE.46.htm" onclick="window.open(this.href);return false;

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...

Intent to alarm ...

CHAPTER 42. DISORDERLY CONDUCT is (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;

http://www.statutes.legis.state.tx.us/d ... /PE.42.htm" onclick="window.open(this.href);return false;

"your front yard can be a "public place" and I saw 1 case where an unclothed person inside their home visible from the street was in a "public place"

the key on disorderly conduct is the "manner CALCULATED to cause alarm"

My neighors don;'t get alarmed seeing me walk to the street to get my mail, nor get alarmed when I squat to pull weeds. Actually they wave and are glad some armed person is outside while they are away leaving an empty house while they are at work.

My neighbors are all used to seeing me do yardwork shirtless with my gun hanging out, they aren't alarmed, it's holstered, I live in a very small town where most people are armed anyway.... some neighborhoods might not be so used to seeing guns.

When I answer the door, whoever is at the door, doesn't see my gun, but I have it ....

[Shinesintx]

Thanks for the postings! It makes a bit more sense now.

[tacticool]

There is no brandishing law in TX as far as I know. There is a aggravated deadly assault or attempt of aggravated deadly assault, when someone point a handgun as someone for no justified reason.

If there is no brandishing law in Tx, what do they get ya for if one is say...carrying at 2:30, lifts their shirt and shows the goods?

Indecent Exposure