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Re: OC in driveway

Posted: Wed Oct 06, 2010 3:12 pm
by RPB
I calculate that open carry/holstered, in my yard, is legal as long as my CHL badge is big and shiny enough such that people driving by wouldn't be alarmed. (However, ymmv (your mileage may vary)and ianal (I am not a lawyer) oslt (Or Something Like That))
:mrgreen:

wgoforth stated it well ;-) Though lawful, not always smart, as in I would not carry an AK-47 down any street in Austin for a while.

Re: OC in driveway

Posted: Wed Oct 06, 2010 3:21 pm
by CC Italian
As far as being legal I have been told by a friend in law enforcement that it is legal. I am not a lawyer. So if you want a straight answer ask one. They will probably tell you what my LEO friend told me.

He told me he would not do it in a suburban area where I live. All you need is a neighbor who is not gun friendly to embellish a story saying you have your gun unholstered or had your hand on your gun. Then the cops would come out and take their statement... blah blah blah and who knows, you could spend the night in jail and have to get a lawyer. This is what my friend told me.

I carry when I do yard work or anytime I am on my property in a suburban neighborhood. It’s not hard to keep it concealed and it’s not worth the aggravation of possibly getting the cops called. Plus the neighbors don't need to know I have or own a gun if I am not on a first name basis with them. But if you would like to test the waters by all means, I don’t have enough time and money to deal with that even if a wanted to carry an unconcealed handgun around on my own property. Would I carry if I lived out in the country on a couple acres of land? Of course there are no sheeple to scare and possibly get me arrested?

Re: OC in driveway

Posted: Wed Oct 06, 2010 3:22 pm
by wgoforth
Tamie wrote:
wgoforth wrote:The Apostle Paul said everything lawful is not always expedient. I believe that would be my take on the question.
Was he the same Paul who wrote a letter to the people of Corinth saying it's better to carry than to burn?
ROFL!! I Am stealing that one!

Re: OC in driveway

Posted: Wed Oct 06, 2010 5:35 pm
by RPB
wgoforth wrote:
Tamie wrote:
wgoforth wrote:The Apostle Paul said everything lawful is not always expedient. I believe that would be my take on the question.
Was he the same Paul who wrote a letter to the people of Corinth saying it's better to carry than to burn?
ROFL!! I Am stealing that one!
"rlol" :smilelol5:
Whoosh, went right over my head the first time I read what you wrote.
Then it was like a "Fruit of the Loom joke" (crept up on me later)
1Cor 7:9 for those who want to "get it"

Good one Tamie ... :tiphat:

Re: OC in driveway

Posted: Wed Oct 06, 2010 6:50 pm
by LittleGun
I open carry when working in my back yard. I carry concealed when working in the front yard.

Re: OC in driveway

Posted: Wed Oct 06, 2010 7:51 pm
by wgoforth
RPB wrote:
wgoforth wrote:
Tamie wrote:
wgoforth wrote:The Apostle Paul said everything lawful is not always expedient. I believe that would be my take on the question.
Was he the same Paul who wrote a letter to the people of Corinth saying it's better to carry than to burn?
ROFL!! I Am stealing that one!
"rlol" :smilelol5:
Whoosh, went right over my head the first time I read what you wrote.
Then it was like a "Fruit of the Loom joke" (crept up on me later)
1Cor 7:9 for those who want to "get it"

Good one Tamie ... :tiphat:
I think that is a quote from the Chuck Norris Bible
Image

Re: OC in driveway

Posted: Wed Oct 06, 2010 10:44 pm
by mgood
For a while, I lived in Texas and worked at a gun store in New Mexico.
Open carry is legal in New Mexico. Also, we employees were encouraged to carry at the store and usually carried openly.
When I got ready for work in the morning, my gun belt, OWB holster, and pistol were just part of getting dressed, usually without any cover garment unless it was cool enough to need a jacket. It would be silly to carry that stuff to work and put it on after I got there.

I did not have a CHL.
I figured I was legal to carry openly in New Mexico, in Texas I was legal in my house, legal in my pickup, and legal carrying from my house to my pickup. I kept a low profile and doubt the neighbors ever noticed it, but wasn't too concerned about them noticing. (On the other hand, since I was around gun enthusiasts every day, I got into a couple of different types of shooting competitions, and was practicing regularly. I was carrying some sort of long gun back and forth between my house and my truck nearly every time I came and went. That may have distracted the casual observer from the pistol on my belt. No eyebrows seemed to be raised over that either.) When I came home from work and checked the mail box by the street before going in, although it felt goofy, I usually avoided setting foot in the street and sort of leaned out to look in the box.
On the way to work, I'd often stop at the convenience store (in Texas) to get something to eat or drink for the trip over. Sometimes I'd just remove the gun and leave it in the pickup while going inside openly carrying an empty holster, sometimes with spare mag pouch and magazine(s) on other hip. No law against carrying an empty holster or against openly carrying ammunition, but anyone with half a brain would figure out that there was a gun near by. It was a small town where at least half the people I encountered knew I worked in a gun store. Never got harassed.

Re: OC in driveway

Posted: Wed Oct 06, 2010 11:04 pm
by ScottDLS
mgood wrote:For a while, I lived in Texas and worked at a gun store in New Mexico.
Open carry is legal in New Mexico. Also, we employees were encouraged to carry at the store and usually carried openly.
When I got ready for work in the morning, my gun belt, OWB holster, and pistol were just part of getting dressed, usually without any cover garment unless it was cool enough to need a jacket. It would be silly to carry that stuff to work and put it on after I got there.

I did not have a CHL.
I figured I was legal to carry openly in New Mexico, in Texas I was legal in my house, legal in my pickup, and legal carrying from my house to my pickup. I kept a low profile and doubt the neighbors ever noticed it, but wasn't too concerned about them noticing. (On the other hand, since I was around gun enthusiasts every day, I got into a couple of different types of shooting competitions, and was practicing regularly. I was carrying some sort of long gun back and forth between my house and my truck nearly every time I came and went. That may have distracted the casual observer from the pistol on my belt. No eyebrows seemed to be raised over that either.) When I came home from work and checked the mail box by the street before going in, although it felt goofy, I usually avoided setting foot in the street and sort of leaned out to look in the box.
On the way to work, I'd often stop at the convenience store (in Texas) to get something to eat or drink for the trip over. Sometimes I'd just remove the gun and leave it in the pickup while going inside openly carrying an empty holster, sometimes with spare mag pouch and magazine(s) on other hip. No law against carrying an empty holster or against openly carrying ammunition, but anyone with half a brain would figure out that there was a gun near by. It was a small town where at least half the people I encountered knew I worked in a gun store. Never got harassed.
Depending on how long ago ( i.e. pre-MPA) this was, this may NOT have been legal (in TX) in your pickup" or "legal carrying from your house to your pickup, unless your pickup was on your property"...open carrying in car even today is illegal unless you are arguing that you are "traveling" or have some other exemption under 46.15.

Re: OC in driveway

Posted: Wed Oct 06, 2010 11:52 pm
by mgood
ScottDLS wrote:
mgood wrote:For a while, I lived in Texas and worked at a gun store in New Mexico.
Open carry is legal in New Mexico. Also, we employees were encouraged to carry at the store and usually carried openly.
When I got ready for work in the morning, my gun belt, OWB holster, and pistol were just part of getting dressed, usually without any cover garment unless it was cool enough to need a jacket. It would be silly to carry that stuff to work and put it on after I got there.

I did not have a CHL.
I figured I was legal to carry openly in New Mexico, in Texas I was legal in my house, legal in my pickup, and legal carrying from my house to my pickup. I kept a low profile and doubt the neighbors ever noticed it, but wasn't too concerned about them noticing. (On the other hand, since I was around gun enthusiasts every day, I got into a couple of different types of shooting competitions, and was practicing regularly. I was carrying some sort of long gun back and forth between my house and my truck nearly every time I came and went. That may have distracted the casual observer from the pistol on my belt. No eyebrows seemed to be raised over that either.) When I came home from work and checked the mail box by the street before going in, although it felt goofy, I usually avoided setting foot in the street and sort of leaned out to look in the box.
On the way to work, I'd often stop at the convenience store (in Texas) to get something to eat or drink for the trip over. Sometimes I'd just remove the gun and leave it in the pickup while going inside openly carrying an empty holster, sometimes with spare mag pouch and magazine(s) on other hip. No law against carrying an empty holster or against openly carrying ammunition, but anyone with half a brain would figure out that there was a gun near by. It was a small town where at least half the people I encountered knew I worked in a gun store. Never got harassed.
Depending on how long ago ( i.e. pre-MPA) this was, this may NOT have been legal (in TX) in your pickup" or "legal carrying from your house to your pickup, unless your pickup was on your property"...open carrying in car even today is illegal unless you are arguing that you are "traveling" or have some other exemption under 46.15.
I was "legal in my pickup" under MPA. This was in 2008-09. And it was concealed there, as in not easily seen by someone outside the vehicle. (Between my hip and the console and the seat, an officer would have to be almost in my lap to see it. On the other hand, I often thought about what my response would be if asked to step out of the vehicle during a traffic stop. But that situation never came up.)

Anyway, the point of the post was that I was OC in my front yard, pretty much daily, if only for a minute or so each day. I felt that I had a pretty good argument that I was not "intentionally or knowingly display[ing] a firearm or other deadly weapon in a public place in a manner calculated to alarm" in that "I'm on my way to work, where I'm expected to carry," or "on my way to [or from] the range." Take your pick. I was also sort of depending on the theory that it's a rural area and hardly anyone gets overly excited about a "man with a gun."

Re: OC in driveway

Posted: Thu Oct 07, 2010 6:57 am
by anygunanywhere
I OC on my property all the time, almost every day when I go outside to get my paper, working in the yard, etc. Most of my neighbors pack anyway so it isn't a big deal. There have been multiple times when folks were out for their walk and have seen me. So far there havve been no screams or reaction.

I really don't care if there was any reaction. It is my property and I will do as I please.

Anygun

Re: OC in driveway

Posted: Thu Oct 07, 2010 10:18 am
by SlickTX
wgoforth wrote:
Tamie wrote:
wgoforth wrote:The Apostle Paul said everything lawful is not always expedient. I believe that would be my take on the question.
Was he the same Paul who wrote a letter to the people of Corinth saying it's better to carry than to burn?
ROFL!! I Am stealing that one!
Did the Corinthians ever write back?

Re: OC in driveway

Posted: Wed Oct 13, 2010 1:49 am
by drjoker
Here's a guy in a DFW suburb open carrying on his front lawn:
http://www.youtube.com/watch?v=B4MbOTQ2bME
The dude is a frequent poster on opencarry.org and he lives in Richardson, Tx (a middle class suburb of Dallas).

Relax. It's all good. Carry away (on your own property).