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Posted: Fri Jul 21, 2006 1:20 pm
by KBCraig
evil_smurf wrote:2 questions:
1. If you carry concealed to somebody else's house/property and they do not know, is that still lawful just as if you carried into a non-posted business and nobody knows?
Yes, unless you're in Arkansas. (Arkansas requires that you announce you're carrying and receive permission to enter a residence.)
2. Even though this does seem like a silly question I still want to make sure. Say I carry concealed to my buddies house and he does know, and I don't feel like wearing it around his house, I can disarm and lay my firearm on his dresser or something without it being considered failure to conceal since it's in his home, right?
That's a completely different question. In Question #1, you're concealed; in Q#2, you're not. The homeowner's knowledge/permission are not a legal factor.
The landowner's permission is irrelevant in a charge of UCW.
Kevin
Posted: Fri Jul 21, 2006 1:46 pm
by seamusTX
PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
No exceptions.
You can carry openly in premises that you control (your home or place of business), while traveling, and certain other activities.
It's also a bad idea tactically. You would not have control of your weapon or the premises. Your buddy could do something stupid. Someone else could enter the premises without your knowledge. A home invasion might occur (pick your friends carefully).
- Jim
Posted: Fri Jul 21, 2006 1:48 pm
by txinvestigator
A handgun left off of your person but not about your person is not UCW. So you can remove the handgun and secure it at the home of another.
UCW requires the handgun be "on or about your person" for you to be unlawfully carrying.
When I hooked up my father's VCR to his PVR this past weekend, I removed my handgun and placed it in a closet. I was not UCW.
Posted: Fri Jul 21, 2006 1:50 pm
by bauerdj
2. Even though this does seem like a silly question I still want to make sure. Say I carry concealed to my buddies house and he does know, and I don't feel like wearing it around his house, I can disarm and lay my firearm on his dresser or something without it being considered failure to conceal since it's in his home, right?
That's a completely different question. In Question #1, you're concealed; in Q#2, you're not. The homeowner's knowledge/permission are not a legal factor.
The landowner's permission is irrelevant in a charge of UCW.
Kevin[/quote]
Yes, but it is no longer being carried on or about his person so it is NOT UCW
Dave B.
Posted: Fri Jul 21, 2006 1:53 pm
by txinvestigator
seamusTX wrote:PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
No exceptions.
You can carry openly in premises that you control (your home or place of business), while traveling, and certain other activities.
You can actually carry concealed in places listed in the exceptions such as premises under your control or your own premise, traveling and certain other activities. If I meet one of the exceptions in 46.15 ( b), then I am not operating under the CHL laws and am not required to conceal my handgun.
It's also a bad idea tactically. You would not have control of your weapon or the premises. Your buddy could do something stupid. Someone else could enter the premises without your knowledge. A home invasion might occur (pick your friends carefully).
- Jim
I guess that depends on the situation, doesn't it?