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Legal Open Carry...sort of?

Posted: Thu Feb 19, 2015 7:38 pm
by AlaskanInTexas
Not sure I want to do this, but I think it would be legal to enter an establishment concealed and then open carry on the way out:

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) 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
(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person's control.

I work in a downtown Dallas office building. When I leave, I have to take the elevator down to the lobby, walk through the lobby, take another elevator down to the parking garage, and then walk to my car. Seems like I could do that while open carrying. We typically have an officer in the lobby during the evening. If you don't hear back, please throw my bail.

Re: Legal Open Carry...sort of?

Posted: Thu Feb 19, 2015 7:45 pm
by Keith B
You would have to be in a location that was already legal to openly carry, like your home or you office that you were in control of.

Re: Legal Open Carry...sort of?

Posted: Thu Feb 19, 2015 8:44 pm
by AlaskanInTexas
I think that may be the intent. But I don't see that requirement in the plain language. Unless I am missing something.

Re: Legal Open Carry...sort of?

Posted: Thu Feb 19, 2015 9:00 pm
by Keith B
You have to look at 46.035 for the license holder
Sec. 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 displays the handgun in plain view of another person in a public place.
So while you might not get charged under 46.02, you would be in violation of 46.035. A person that would be charged under 46.02 is not a license holder, so it would be illegal for them to have the handgun on property not under their control anyway.

Re: Legal Open Carry...sort of?

Posted: Wed Feb 25, 2015 4:15 pm
by AJSully421
Here is my example. At the ranch, the main gate requires that you park on the County Road and get out to unlock and open it, and again to close it when you leave. I OC at the ranch, and rarely take it off just to drive home.

Technically, I would be in violation because I am beyond the fence and am officially off of my property when I am on the county road. But this little nugget covers me because I am directly en route from my vehicle to my property, or from my property to my vehicle.

Also, it applies to the MPA. You can conceal a handgun in your automobile, and in your boat without a CHL... but what about when you launch your boat, tie it to the dock, and then park the truck and walk 20 yards back to the boat? This is designed to cover that distance for non-CHL holders as well.

Re: Legal Open Carry...sort of?

Posted: Wed Feb 25, 2015 6:43 pm
by SRH78
Well answered Keith and AJ.