Front Yard Open Carry

[Seabear]

This may not be the best section to put this but it will do.

I have been asked a couple times about this by a local PD, not sure why they can't get the DA's office involved but here is the situation.

Apparently there is a local instigator that has some puzzled. He is open carrying in his front yard, kind of just walking back and forth on occasion. It disturbs and worrys the neighbors. They have called the police, and they have spoken to him. He manages each time to baffle them (the PD) with his supposed knowledge of the laws and says he will NOT cover up his gun. He does have a CHL, but he is on his own property.

My feeling is that he is trying to push them into a confrontation. They say he has been video taping them and posting stuff on Youtube. I'm not sure what of, but they feel harrased and don't want to open themselves up to any legal action on his part. The neighbors are upset with the police for the lack of action, and the police are upset because they feel like their hands are tied.

Personally I think the guy is being a jerk, and at minimum is on the edge of dissorderly conduct or disturbing the peace.

I think they need to talk to the DA.

What do the great minds here have to say?

[anygunanywhere]

He is entirely within his rights to open carry on his property.

It is not anyone's business if he open carries on his own property.

I have open carried in my front yard. I don't care what people think.

If the neighbors are agitated they need to get over it.

The police need to tell people he is entirely within his rights to OC on his property, that this is legal, and that they should try it.

As long as he does not stray off his property he is fine.

Why is this being blown out of proportion? Why try to convince the DA to take action on something that is legal?

What you suggest makes it sound like you want this to be New York or some other anti state.

Anygunanywhere

[cb1000rider]

I agree with above.
I assume you don't want this guy to open carry in his yard or don't think he should be able to do so and want something done about it?

Alarming the neighbors stinks, but it's guys like this who make sure you can open carry your pistol to the car that's parked in your yard.

I am semi-surprised that the PD hasn't arrested him, but it sounds like you've got some level-headed LEOs over that way.

I also open carry in the yard, but we're on enough property to have a pistol range.. And my property is completely fenced.

[Keith B]

A open yard could be considered a public place. While he is on his own property and has the right to open carry if they can determine he 'displays a firearm or other deadly weapon in a public place in a manner calculated to alarm' as in section 42.01, then he could be charged with Disorderly Conduct. However, if he is just wandering around his property, and not doing anything threatening, then they need to ignore him and go on about their business.

[bdickens]

My feeling is that the neighbors need to get some business of their own so they can go mind it.

The DA's office is not going to get involved because there is no crime being committed. Thank goodness the DA and the PD apparently know what the law is. Surprising to me is that they won't tell the nosy neighbors to lay off.

[Dadtodabone]

He is breaking no laws. Why do you feel that he is disturbing the peace or being disorderly? Because it alarms the neighbors? Sorry, His, Your, and My 2A right is not subject to how the neighbors feel.

[CoffeeNut]

He is entirely within his rights to open carry on his property.

It is not anyone's business if he open carries on his own property.

I have open carried in my front yard. I don't care what people think.

If the neighbors are agitated they need to get over it.

The police need to tell people he is entirely within his rights to OC on his property, that this is legal, and that they should try it.

As long as he does not stray off his property he is fine.

Why is this being blown out of proportion? Why try to convince the DA to take action on something that is legal?

What you suggest makes it sound like you want this to be New York or some other anti state.

Anygunanywhere

I don't understand what the neighbor's problems are or why you would want anyone to talk to the DA. He's not wandering around his yard sighting in his scopes through your windows is he? If he's minding his own business and isn't threatening anyone then it is not a problem. Kudos to the police for understanding this. My guess is that they're tired of the neighbors calling for the same thing over and over again when they have explained that he isn't doing anything wrong.

[dac1842]

LOL...

[Abraham]

Man am I lucky.

All of my neighbors are gun folk.

We've enough acreage to hear pistols and rifles fired quite often.

Many of us have ranges in our back yards.

It's music to my ears.

No one in my neighborhood would be in the least disturbed to see any of us with a pistol strapped on or a rifle on shoulders. Frankly, such a sight would give me comfort...

The neighbor who called the powers that be about a MWAG would be heartily laughed at.

[Cedar Park Dad]

He is open carrying in his front yard, kind of just walking back and forth on occasion.

Er, this is potentially troubling. He could be going to and fro from his vehicle (fine) or he could be pacing in his front yard like a maniac. That statement is pretty open actually.

If he's just pacing back and forth (foaming slightly at the mouth and occasionally barking at passers by)...yea, I'd start calling too.
Pacing and barking-sounds like me now that I think about it. Where is this again? There have been a sharp uptick in police saying hello to me lately. I don't get it. Just because a man likes to walk his fence line with Thommy gun, a nice suit, fedora and matching flip flops...

[Wes]

I don't see how someone exercising their rights is being a jerk. His yard, his prerogative to do what he wants within reason. That being, gun properly holstered. If he is waking around the front yard, gun in hand, he might have a problem. The neighbors definitely need to get over this false sense of danger just because they see a gun. Now, the video taping could be a bit more annoying but still legal and not something that would bother me per say. I might ask why he is doing so, but that's about it. The gun thing, I'd be inclined to ask as well but for more social reasons. I enjoy gun talk.

[Abraham]

If one of my neighbors happened to have a gun in his hand when I walked out of my house, my trust in my neighbors is such that I wouldn't give it a second thought.

All, are very safety minded...

Of course, I'm from the time that I could buy a .22 cal rifle when I was fourteen, (and did) a box of shells and all was right in the world...no one batted an eye.

Of course, at that time the world wasn't filled with nanny men...

[mlawler]

I've open carried on my propertry when mowing. Live close enough to water that snakes can be (and have been in the past) an active threat. Only LEO interaction was when the neighbor accross the street who is a school district cop asked me about it. She was ok when I showed her it was loaded with CCI shot rounds.

[Cedar Park Dad]

Well you said your trust in your neighbors. To play devil's advocate, trust is earned no? Maybe the neighbors don't trust him. One could assume nothing wrong here. Alternatively one could assume he is a sue happy curmudgeon with more then a few screws loose and a potential danger. I'm sure the truth is something in between.

[RPBrown]

No law broken so nothing they can do.

I open carry while in the yard as well. Although none of my neighbors are busy bodies and dont care.