Open carry in your own house?

[Hoi Polloi]

I seem to recall this being discussed before. The definition of public place was determined to be anything visible to the public, right? I don't remember. If that's the definition, anything visible from the street would be public. If it created alarm in others who saw it from a public place (even if the gun is not in that public place) it would be illegal, right?

Anyone remember the thread I'm thinking of? I vaguely recall a story about someone sitting on the porch with a gun (rifle? shotgun?) which was not being pointed or otherwise used in a threatening way. Just sitting there with it. It seems like it was decided that the sitting outside on the person's porch was calculated to create fear in others and was illegal in the situation. Am I totally off the mark with these recollections?

[denwego]

I seem to recall this being discussed before. The definition of public place was determined to be anything visible to the public, right? I don't remember. If that's the definition, anything visible from the street would be public. If it created alarm in others who saw it from a public place (even if the gun is not in that public place) it would be illegal, right?

Anyone remember the thread I'm thinking of? I vaguely recall a story about someone sitting on the porch with a gun (rifle? shotgun?) which was not being pointed or otherwise used in a threatening way. Just sitting there with it. It seems like it was decided that the sitting outside on the person's porch was calculated to create fear in others and was illegal in the situation. Am I totally off the mark with these recollections?

For §42.01, yeah, anything which "affects a public place" is a public place, so being on your porch or front yard would apply. But the important difference is whether it's calculated to alarm versus simply happens to cause alarm. If you replace "gun" with "purple shirt" you can see the distinction more easily - there are people who are illogically terrified of purple shirts like people who are illogically terrified of guns. If you walk up to one of those poor souls and rub it in their face, either intentionally or knowing that they're afraid, you would run afoul of the law; however, just walking down the street with a purple shirt and having one of the fearful freak the heck out and call 911, while unquestionably being genuinely alarming to the person calling, is not the result of any intentionally or knowing act on your part, and therefore non-criminal.

So, it's a double layer of safety for OC in your home, since it's neither a public place, nor are you intentionally/knowingly calculating alarm. Out in your yard, (or in the street, or at the mall, etc.) you cannot intend or knowingly try to scare someone. I'm not a lawyer, but I still love the law!

Edit - I found the case you might be thinking of about the dude with the rifle on his porch. Some neighbor called him in and the cops determined that he wasn't doing anything wrong in that regard, but the cops saw a mound of marijuana on his coffee table while they were on his porch talking to him. So, the lesson for that case is if you're going to clean your guns on the porch, don't do drugs at the same time, ha!

[Beiruty]

Just to throw curve ball, some say wearing guns in public is exercising free speech protected by the 1A, is that true?

[The Annoyed Man]

Just to throw curve ball, some say wearing guns in public is exercising free speech protected by the 1A, is that true?

I would say that is secondary, although interesting. Primarily it's the right to keep and BEAR arms protected by the second amendment.

[C-dub]

I OC around the house and in my backyard a lot. However, when I have guests over I cover up. I have a plummer here right now and am covered. I have OC in front at night when going to and from my truck, but that's about it.

I think it was Steve that explained very well the risks about openly carrying in your front yard due to being a public place. BTW, remember that Matthew McConaughey was arrested after dancing naked in his own living room, while high, because he was visible to the public outside.

[Pug]

...BTW, remember that Matthew McConaughey was arrested after dancing naked in his own living room, while high, because he was visible to the public outside.

Good lawdy! There goes this thread...

[C-dub]

Sorry.

[Heartland Patriot]

There's no "brandishing" law in Texas. As long as you don't point a gun at someone or otherwise cross into actual assault territory, the closest you can get to "brandishing" is §42.01(a8) - "A person commits an offense if he intentionally or knowingly: displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;". Firstly, it says "intentionally or knowingly display," not "display and someone happens to get scared"; secondly, it only applies to a public place, which the inside of your house isn't. I understand that we don't have true open carry in Texas yet and we haven't for more than a hundred years, but wow, there's a lot of misinformation and paranoia out there if people are genuinely worried about carrying a gun in their own homes.

THANK YOU! I am just so sick and tired of hearing the word "brandishing"...heck, I hated even typing the darned word. There is NOTHING about that word in Texas law, to the best of my knowledge. I understand that some folks are just trying to be clear on things and stay out of trouble, but if you take the class, through someone reputable like I did, they will explain this to you. It seems that word is very beloved by certain states so they can intimidate folks who wish to protect themselves and their loved ones...I'm happy I live in Texas. We have enough issues still limiting us in the firearms realm without adding that one to the mix...nothing personal to the OP or anyone else, just a personal pet peeve. *rant off*

[philip964]

Thanks so far for all your comments.

However, my large windows at my front door (no curtains, I hate curtains) are visible from the street although it is about 50 feet away. Would inside my house be public then?

[Mel]

My living room windows are about 500' from the road. Also no curtains. If people on the road see my piece, they're using binoculars.

[Skaven]

from 50 feet I don't think it would be a problem. Anyone any closer looking into your windows would be borderline disorderly conduct. Unless you were naked with a gun on, i dont think that it would be a problem, especially with it being bright outside, and dark inside.

[speedsix]

...legal...may draw attention, but legal...I always open the door with my pistol behind my left leg...unless I know who's there...had a cop surprise me one morning following up on something I'd called about...I said "Yeah, come on in, I gotta put this up...want some coffee?...nothing said...

...I would never point it at the door with my finger on the trigger...that's dangerous and unnecessary...unless some aggression occurred...excellent point about after dark...most salesmen around here are polite enough to stop at dusk...those who don't...get a dressing down and a demand for their door-to-door permit...which most of them don't have...times have changed and they've got no business knocking doors after dark...

[PappaGun]

Remember this story?

We are not Virginia. But these days, anything is possible.

http://www.nydailynews.com/lifestyle/20 ... _home.html" onclick="window.open(this.href);return false;

[speedsix]

...IF I remember correctly, they were cutting between his house and another (not theirs)...my question was never answered...since they were trespassing and not walking down the sidewalk, why is HE in trouble....

[PappaGun]

...IF I remember correctly, they were cutting between his house and another (not theirs)...my question was never answered...since they were trespassing and not walking down the sidewalk, why is HE in trouble....

Yep. That's the question.