Open carry on personal property?

[newlife12176]

Hello all. Can anyone tell me the specific PC regarding open carry on your own personal property? I am aware that my home is my castle so to speak and I can do whatever I want (within reason) inside of it. However, what are the laws regarding open carry while mowing your lawn or walking around your garage?
Thanks

[Weg]

There are no laws ( Texas ) that prohibit you from open carry on your own property. But, if your neighbors are anti-gun, or just nervous about seeing you o.c.'ing you may get a visit from the police. I open carry sometimes on my property, or I should say, I just don't care if I show. However, I live on 8 acres that is heavily wooded and no one sees me carrying except friends and family, all of which are CHL friendly. If you live in town, be sure you know where the boundaries are.

[seamusTX]

The specific law that you are looking for is PC §46.02:

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

This law refers to handguns. You can search the penal code for mention of long guns. There is no law that applies to long guns on your own property.

However, you must not let the barrel cover a person. That is deadly conduct if done without justification (PC §22.05).

- Jim

[DONT TREAD ON ME]

I OC on my property all the time. We have some thugs from a nearby area that have been robbing us around here so I OC as a deterrent. My neighbors are anti gun but instead of calling the police they e-mail the HOA.

[newlife12176]

Thank you Jim for posting the exact code I was looking for. So based on that reading I can tell that it is perfectly legal to OC on your own property. Thanks.

Xtremeduty: So what does the HOA ever say about it? I am curious to know what your responses are to them too. Care to share?

John

[seamusTX]

It is legal according to the letter of the law.

Personally I think it's not a good idea because it has the potential to lead to "man with a gun" calls and possibly someone lying about you pointing the gun at them. You might end up like this guy: http://www.jpfo.org/alerts02/alert20081212b.htm" onclick="window.open(this.href);return false;

Note that this incident occurred in Wisconsin, and open carry is technically legal there though it often leads to police harassment.

- Jim

[newlife12176]

Thanks again Jim. I appreciate the "heads up" on that particular legal case in Wisconsin.

I don't plan on OC intentionally on my property as both my neighbors seem to be anti gun obvious Democrats based on the Obama signs in their yard and their ignorance of my letters to briefly explain the Joe Horn case and inquire what the would want me to do if that situation were to occur here. However, I had my weapon IWB while inside my home the other day with no shirt on. I went to the front porch to empty the trash and was wondering what my neighbors or the police would say if I stepped out in my front yard to take the trash out. Now I know. Thanks!

[seamusTX]

IMHO, most people are so oblivious that you could be standing there with an IWB holster at 4 or 5 o'clock and no cover garment, and they wouldn't notice unless maybe you turned around and bent over.

- Jim

[DONT TREAD ON ME]

I actually talked to the HOA a few weeks ago about a different subject and somehow we got on the subject of those emails and she told me that she told the complainers that if they felt he was violating the law to call the police. Thats when I told her that it was me they were referencing and we started talking about guns.

[Plato]

I often carry when outside doing yard work, but choose to keep it concealed. Its good practice for when you go out in public. Put it this way- if you can get up and down on the ground doing yard work, mow the lawn, take out the trash, cut trees and brush, burn said brush, paint the trim, wash the car/motorcycle, and generally not expose your carry piece -then you can carry in public 24/7 without a problem

[MBGuy]

I don't try to conceal all the time where I live when I'm on my property, but where I live I doubt anyone would notice. Even if someone noticed, they wouldn't care. But this is part of the battle that we must wage, especially with the obamessiah in office. If I lived in the city I'd have the applicable PC printed out and nearby and intentionally OC to "educate" the neighbors. If the cops show up I'd show them where there's no issue to come to me about......but that's just me. The wife accuses me of going more and more to the "right" as I get older. Well.......older=wiser I tell her.

[seamusTX]

If I lived in the city I'd have the applicable PC printed out and nearby

People need to understand that some LEOs really, really dislike this kind of thing, and someone who tries it might wake up in jail with a headache.

I don't like the situation, but that is the way that it is.

- Jim

[huntnetime]

I actually talked to the HOA a few weeks ago about a different subject and somehow we got on the subject of those emails and she told me that she told the complainers that if they felt he was violating the law to call the police. Thats when I told her that it was me they were referencing and we started talking about guns.

You sir...are blessed...most HOA's are more evil than the devil himself.

[MBGuy]

If I lived in the city I'd have the applicable PC printed out and nearby

People need to understand that some LEOs really, really dislike this kind of thing, and someone who tries it might wake up in jail with a headache.

I don't like the situation, but that is the way that it is.

- Jim

I'm sorry Jim but I'd have to counter you on this one. You present the LEO with printed law and he beats you up and throws you in the cell? And "that is the way it is"? What country is this? I would think that yeah, he wouldn't like it, but a supervisor would set him straight and he'd be on his merry way violating someone else's civil rights.

That just ain't right. I always respect your postings but this just ain't right. I'd hate to think that just because I live in the country that my property rights would be crippled if I lived 30 minutes down the road in Katy.

[seamusTX]

There is an offense that you won't find in the criminal code of any state, called annoying the cops. Committing this offense often leads to another undefined offense, which is assaulting the officer's flashlight with your forehead. This leads in turn to the real crime of resisting arrest.

Please consider the long history of people who exercised their civil rights and ended up in jail or the morgue, from Rosa Parks through Amadou Diallo.

Or consider the history of Harris County prosecuting UCW charges against people who carried handguns in vehicles from 2005 through 2007 (they do seem to have gotten the memo).

This is the way that it is, maybe not so much in Montgomery County, if that is where you live, but very much in the cities. I don't like it, but I don't know what to do to change it. I just try to stay off the radar.

- Jim