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I was reading through here and saw that in TX you couldn't carry openly, i.e., without your concelament garment on a relatives property.... This leads me to ask, can you carry openly on your own property in TX? And, can you carry openly on your relatives property with their permission?

blu46and2 wrote:I was reading through here and saw that in TX you couldn't carry openly, i.e., without your concelament garment on a relatives property.... This leads me to ask, can you carry openly on your own property in TX? And, can you carry openly on your relatives property with their permission?

Yes and No. You can open carry on your own, but not on other's property, even with their permission, unless it is "under your control". IANAL.

Of course there are a few "defense to prosecution" exceptions. I.E.; if you were hunting or fishing on the property.

WildBill wrote:

blu46and2 wrote:I was reading through here and saw that in TX you couldn't carry openly, i.e., without your concelament garment on a relatives property.... This leads me to ask, can you carry openly on your own property in TX? And, can you carry openly on your relatives property with their permission?

Yes and No. You can open carry on your own, but not on other's property, even with their permission, unless it is "under your control". IANAL.

Hmm? I thought we had debated this with regards to employees openly carrying in a business like a gun shop, for example. Why would it be any different if it were your next door neighbor's backyard and you two were barbecuing on the patio?

C-dub wrote:

WildBill wrote:

blu46and2 wrote:I was reading through here and saw that in TX you couldn't carry openly, i.e., without your concelament garment on a relatives property.... This leads me to ask, can you carry openly on your own property in TX? And, can you carry openly on your relatives property with their permission?

Yes and No. You can open carry on your own, but not on other's property, even with their permission, unless it is "under your control". IANAL.

Hmm? I thought we had debated this with regards to employees openly carrying in a business like a gun shop, for example. Why would it be any different if it were your next door neighbor's backyard and you two were barbecuing on the patio?

Yes, we did debate this, but I don't think that there was ever a definitive answer to the gun shop question. At least not to my satisfaction. The people OCing in the gun shop are employee's so they might have control of the premises, but I don't see how a guest at a home could have control of the owner was there.

As an aside, I wondered if property owners had to have their name on the title or mortgage note to be owners in reference to OC. Does this apply to the property owner's minor children if they live on the property? I don't think that anyone would be procecuted for only this reason, but I think the law is still unclear. IANAL, but I think case law would have to clear this up.

I can’t quote the statues that would apply, but it is my understanding that the individual or the company that has control of a property can at any time grant any other individual the right to open carry a firearm while on or in the property. This would mean that the owner, lease holder, resident etc could grant the right to carry if they so choose. The same way that they can under Texas CHL law restrict the right to carry.

Private property rights and all.

I think that an exception would be if the person open carrying caused a disturbance or made any threatening moves or statements toward anyone, without just cause, either on the property or anyone in a position to observe what is going on in the property.

Opinion, take it for what it is worth.

mbw wrote:I can’t quote the statues that would apply, but it is my understanding that the individual or the company that has control of a property can at any time grant any other individual the right to open carry a firearm while on or in the property. This would mean that the owner, lease holder, resident etc could grant the right to carry if they so choose. The same way that they can under Texas CHL law restrict the right to carry.

Private property rights and all.

I think that an exception would be if the person open carrying caused a disturbance or made any threatening moves or statements toward anyone, without just cause, either on the property or anyone in a position to observe what is going on in the property.

Opinion, take it for what it is worth.

As far as I can tell that is entirely false according to PC 46.02 and PC 46.15.

If there is some other statute that I missed, I would be interested to see it.

blu46and2 wrote:I was reading through here and saw that in TX you couldn't carry openly, i.e., without your concelament garment on a relatives property.... This leads me to ask, can you carry openly on your own property in TX? And, can you carry openly on your relatives property with their permission?

I get a kick out of these "quick" questions. Must admit though, it didn't say "quick answer."

Jim

mbw wrote:I can’t quote the statues that would apply, but it is my understanding that the individual or the company that has control of a property can at any time grant any other individual the right to open carry a firearm while on or in the property.

While common sense says that should be the case, it's not. There is no such statute.

chabouk wrote:

mbw wrote:I can’t quote the statues that would apply, but it is my understanding that the individual or the company that has control of a property can at any time grant any other individual the right to open carry a firearm while on or in the property.

While common sense says that should be the case, it's not. There is no such statute.

Laws generally tell you what you can not do, rather than what is allowed.

WildBill wrote:

chabouk wrote:

mbw wrote:I can’t quote the statues that would apply, but it is my understanding that the individual or the company that has control of a property can at any time grant any other individual the right to open carry a firearm while on or in the property.

While common sense says that should be the case, it's not. There is no such statute.

Laws generally tell you what you can not do, rather than what is allowed.

Yes, and the law says you can't carry a handgun unless

- You are an on-duty cop, corrections officer, or military
- Are on your property, or have the primary job of security for the property you are on (which brings with it additional requirements)
- Are traveling
- Sporting activities which require it
- Have a CHL and are carrying concealed
- Are the person in charge of a place licensed to sell alcohol

There don't seem to be any other exceptions.