Private Property Open Carry Question

[chuckybrown]

Ok, first question: So.........I own some acreage, have my own home there, a barn, some cows, a pond, etc..... What are the laws in Texas regarding OPEN CARRY on one's own property?

To further ask the question, when does the open carry line begin to blur with the "public line", i.e. in my front yard (at my primary residence) in a subdivision within a city limit, yet within the boundary of my property line?

Interesting questions, and I hope someone can help shine some light.

Thanks for your feedback.

CB

[boomerang]

http://www.statutes.legis.state.tx.us/D ... .htm#46.02" onclick="window.open(this.href);return false;

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 other stuff

[5thGenTexan]

My guess would be it will depend on how squirrely your neighbors are and how pro/anti or uninformed the local PD and/or DA are.

[ScottDLS]

My guess would be it will depend on how squirrely your neighbors are and how pro/anti or uninformed the local PD and/or DA are.

What statute would the squirrely neighbor and PD have the anti-gun DA charge for open carrying in one's front yard?

[sjfcontrol]

My CHL Instructor said: "You can strip down to your boxer shorts, strap on a set of spurs, and a pair of six-shooters, and gallop around your property on a broomstick horsey, if you want to."

[marksiwel]

My CHL Instructor said: "You can strip down to your boxer shorts, strap on a set of spurs, and a pair of six-shooters, and gallop around your property on a broomstick horsey, if you want to."

someones been following me

[Mike1951]

Previous thread: http://www.texaschlforum.com/viewtopic.php?f=23&t=31053" onclick="window.open(this.href);return false;

PC 46.15 makes it legal for you to carry, either openly or concealed, on property you own or control. It does not specify whether this is public or private property or a public or private place. Your front yard is your property, so unlawfully carrying does not apply there. The under your control part is important because it lets you carry at your business if you lease the property or at work if you are the manager (applying law here and not emplyment consequences which are solely up to your boss).

There is a legal difference between property and place that many people do not understand. Private or public property refers solely to the ownership of the property. Private or public place refers to who has access to the property. The public place concept is somewhat confusing to many, but we all understand the difference when we look at the larger distance concepts. We know a business open to the public is different from our homes even though both are still private property. But the concept applies in a finer detail still to places like our front yards (or back yards if no fence).

Thus, if you have a front yard with no privacy fence, it is open to the view (which is a type of access) of the public and is a public place. But since it is still property you own or under your control, you may still carry a handgun there openly without worrying about unlawfully carrying.

But there are always other laws to worry about. Without regard to ownership of the property, it is illegal to display a weapon in a public place in a manner calculated to alarm. This is in the Disorderly Conduct statutes (PC 42.01). The first important part to note here is the public place. As I showed above, your front yard is very probably legally a public place. This is what the officer you spoke with was referring to. The other half of this is "in a manner calculated to alarm". There is a lot of debate on what that phrase means. I take the position that calculated means that I planned it. Others take the meaning that it is solely dependent on the victim's mental response. Apparently the officer you spoke with is in the second group. If this is the correct interpretation, then if anyone saw your weapon, whether concealed or open, and was frightened by it, you could be charged with disorderly conduct.

Thus, you can be charged with violating a law for carrying your gun in your own front yard. This is a class B misdemeanor, btw. Thus it is a little less than unlawfully carrying and why the difference in law exists.

I hope this helps clear it up for you. I am not a lawyer, but this is the way I was trained as a police officer and the way I have trained others since. I would like to see all of the firearms sections taken out of disorderly conduct and put in the weapons chapter so we keep everything together but I have no say in the matter. If I have any of this wrong, I am sure Charles or one of the other lawyers can correct it quickly.

[sjfcontrol]

My CHL Instructor said: "You can strip down to your boxer shorts, strap on a set of spurs, and a pair of six-shooters, and gallop around your property on a broomstick horsey, if you want to."

someones been following me

[wgoforth]

I do not remember the penal code, but I was shown one that said if my actions caused fear or concern on the part of neighbors, then my actions would be asked to cease. I asked an LEO, and he stated that even if on own property, if seen from the street and other homes and they were worried, they would pay me a visit.

[Mike1951]

I do not remember the penal code, but I was shown one that said if my actions caused fear or concern on the part of neighbors, then my actions would be asked to cease. I asked an LEO, and he stated that even if on own property, if seen from the street and other homes and they were worried, they would pay me a visit.

it's explained very well three posts up.

[wgoforth]

I do not remember the penal code, but I was shown one that said if my actions caused fear or concern on the part of neighbors, then my actions would be asked to cease. I asked an LEO, and he stated that even if on own property, if seen from the street and other homes and they were worried, they would pay me a visit.

it's explained very well three posts up.

So it does

I saw his post in color block and assumed it was quotes from prior post. My apologies

[ScottDLS]

I do not remember the penal code, but I was shown one that said if my actions caused fear or concern on the part of neighbors, then my actions would be asked to cease. I asked an LEO, and he stated that even if on own property, if seen from the street and other homes and they were worried, they would pay me a visit.

Whenever I see an armed police officer in my neighborhood it causes fear and concern on my part. Especially when I see those scary semi-automatic-assault-weapons in their car. Their paramilitary style uniforms and combat boots tend to cause me to think they are carrying weapons in a manner calculated to cause alarm. Are police officers in uniform exempt from the disorderly conduct statute?

[Mike1951]

I do not remember the penal code, but I was shown one that said if my actions caused fear or concern on the part of neighbors, then my actions would be asked to cease. I asked an LEO, and he stated that even if on own property, if seen from the street and other homes and they were worried, they would pay me a visit.

it's explained very well three posts up.

So it does

I saw his post in color block and assumed it was quotes from prior post. My apologies

Mr. Rothstein's answers are always far more accurate and detailed than anything I could proffer. So if I can find one of his quality answers, I'll paste it and credit him as the author.

[sjfcontrol]

I do not remember the penal code, but I was shown one that said if my actions caused fear or concern on the part of neighbors, then my actions would be asked to cease. I asked an LEO, and he stated that even if on own property, if seen from the street and other homes and they were worried, they would pay me a visit.

Whenever I see an armed police officer in my neighborhood it causes fear and concern on my part. Especially when I see those scary semi-automatic-assault-weapons in their car. Their paramilitary style uniforms and combat boots tend to cause me to think they are carrying weapons in a manner calculated to cause alarm. Are police officers in uniform exempt from the disorderly conduct statute?

Don't forget the hats!!

[howdy]

Both indoor ranges that I frequent have employees that are carrying in the open. They are not owners/managers, and they are not off duty LEO's, just employees. There is also a gun shop in west Houston that all employees are carrying in the open. Many LEO's in uniform go in these places and I have yet to see any employees hauled away. Am I to understand that it is OK to open carry in your place of business?