Open Carry Observance...

[gljjt]

If I live in an apartment, and want to go hunting this weekend, how am I supposed to get the rifle from my apartment to my car?

Try a rifle case (available at any number of local stores). This isn't complicated.

Seriously. A rifle case is obvious. That wasn't my point. They should not be prohibited from moving a firearm openly from their place of residence to their vehicle. Texas law says they can legally do so, so why is an apartment complex saying they can't? That's the point.

Texas law doesn't say you can legally do so. It says it is not an UCW violation. On private property it could still be a trespassing violation.

[stingeragent]

I get what you are saying but that seems to be an oxy moron. If its not unlawfully carrying then it must be lawful, which would mean legal as that's what lawful is. The tresspass thing though is probably right. Well, thats why I don't live in an apartment.

[Mike S]

I thought parking lots couldnt be posted

Private parking lots can be posted.

Private parking lots are excluded from the definition of 'Premises' under the TPC (meaning 30.06 does not apply).

"Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

[SewTexas]

If I live in an apartment, and want to go hunting this weekend, how am I supposed to get the rifle from my apartment to my car?

Try a rifle case (available at any number of local stores). This isn't complicated.

Seriously. A rifle case is obvious. That wasn't my point. They should not be prohibited from moving a firearm openly from their place of residence to their vehicle. Texas law says they can legally do so, so why is an apartment complex saying they can't? That's the point.

Texas law doesn't say you can legally do so. It says it is not an UCW violation. On private property it could still be a trespassing violation.

what is "right" and what is legal are two different things. If we have learned nothing else over the last few years, we've learned that.

[mojo84]

If I live in an apartment, and want to go hunting this weekend, how am I supposed to get the rifle from my apartment to my car?

Try a rifle case (available at any number of local stores). This isn't complicated.

Seriously. A rifle case is obvious. That wasn't my point. They should not be prohibited from moving a firearm openly from their place of residence to their vehicle. Texas law says they can legally do so, so why is an apartment complex saying they can't? That's the point.

If it's in a case it's not out in the open. Hyperbole doesn't help your case.

[tiger1279]

Texas law says they can legally do so, so why is an apartment complex saying they can't? That's the point.

I suppose it has a lot to do with the fact that apartments are private property (not talking about HUD projects). We all know the law gives property owners the right to set the rules about firearms on their premises. Plus, they've got your signature on that lease agreeing to their terms of occupancy. They don't even have to post signs at their entrance since the lease serves as official notice of their policies. They might post signs so as to inform visitors to the property of their policies. But I don't know if there is much we can do about this. I'm certainly not going to risk eviction over this issue. The lease that I quoted from does not bar concealed carry anywhere on the property and I can live with that. I do have one concern, however. The lease forbids the discharging of a weapon on the property. I someone kicks down my door and I am forced to use my gun to defend myself - I wonder if they would evict me for discharging my weapon?

[gljjt]

I thought parking lots couldnt be posted

Private parking lots can be posted.

Private parking lots are excluded from the definition of 'Premises' under the TPC (meaning 30.06 does not apply).

"Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

PC30.06 refers to property, not premises. 30.06 signs are
enforceable on private parking lots.

Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:
(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed handgun was forbidden and failed to depart.

[bortaz]

Are you in texas? Fairly certain they cant legally tell you that you cant display a firearm going from your car to your apt. Thats a common area.

They can if its part of a contract to which he agreed.

[The Annoyed Man]

We traveled to another state this week. Usually I carry my EDC in an OWB pancake holster, on jeans that fit, with an un-ticket t-shirt.

Well.....I left my pancake holster at home, and have had to carry IWB...and it was a booger-bear. I can tell you, OWB and (come 1/1) not worrying about exposure is the only way to go.

So, like many, I'm happy OC is here (1/1), and I may/may not OC, but I am 100% sure that the "worry" being gone about a t-shirt un-tucking/exposure will give me huge peace of mind.

Merry Christmas everyone!

While I'm comfortable with IWB, I couldn't agree more. I carried OWB with my new Fobus PPS for my 709 on the road trip down to the RGV with an unzipped windbreaker covering it. I'm not going back to IWB unless I really have to.

I've been carrying OWB since mid 2008. It started with my back being in such chronic pain all the time that I couldn't bear to carry IWB any longer. I haven't paid for an IWB holster ever since. My son has been making kydex holsters for a while, and he's come up with an IWB version. He gave my wife and me both a IWB holster and magazine carrier for our G43s, and they came out pretty nice.





The belt clip has an additional hole drilled for it so it can be canted for side carry, or left vertical for appendix carry.

But even though it is a well-made and good looking holster, I'll probably still carry OWB most of the time.

[tiger1279]

I agree that OC is far more comfortable than IWB; but openly displaying a firearm on the grounds of my apartment is a violation of my lease so I'll have to continue to carry concealed.

That's illegal, civilly.

What's illegal civilly? Can you explain?

[para driver]

Texas law says they can legally do so, so why is an apartment complex saying they can't? That's the point.

The lease forbids the discharging of a weapon on the property. I someone kicks down my door and I am forced to use my gun to defend myself - I wonder if they would evict me for discharging my weapon?

Then the lease is going to be the least of your concerns....

[Beiruty]

The cannot the language in the lease is for disorderly conduct . Mere slinging a huntiing rifle is not DC

[John Galt]

I observed no one open carrying in New Mexico this summer.